74 Horse Racing. 



qualified by tlie death of tlie person in whose name 

 he was entered. But the stewards thought that 

 in this case, as in that of a horse disqualified to 

 start, from the stakes not having been duly made, 

 the bets should stand according as the horses 

 came in. 



This decision is at variance with the funda- 

 mental principle of racing — viz. that the interests 

 of the stakes and bets are inseparable, excepting 

 where stakes have been omitted to be made ; the 

 nominator of Easselas was known to be dead, and 

 was buried at Bath, therefore Rasselas ought not 

 to have been allowed to start, and the bets as well as 

 the stakes should have been awarded to Liston. 

 *' As at that time there was no law that unless 

 the objection was made before starting, the bets 

 should 2:0 to the horse which came in first." Accord- 

 ing to the 16th law of Racing at that time estab- 

 lished, repealed in 1739. 



14. — A Horse Hlegally Allowed to Start for a 

 Fourth Heat. 



HoLDERNESs HuNT, 1838. — The Scurry Stakes. 



Mischief 1 1 



Mr. Merryman. ..00122 



Slyfellow 12 3 3 



Gangarine .... 2 1 dis. 



