CHAPTER II. 



KACING, STAKEHOLUERS, AND STEWARDS. 



Racing. 



There are now no longer any restrictions with regard to The law as to 

 racing, and transactions of this description are governed by racmg. 

 the same laws as all other contracts. 



Race horses may be owned by two persons as tenants in Eights of 

 common, claiming under different titles, and each having part-owners. 

 the right to take the horse, and to use it exclusively, not 

 destroying it. And such being their rights, money 

 expended by one according to a previous arrangement for 

 their common benefit, is recoverable from the other («). 

 Thus in a case in which the plaintiff and defendant, owning 

 a horse in this way, agreed that the plaintiff should have 

 the entire management of the horse, and that the expenses 

 of keeping, training, and running him should be borne, and 

 his winnings shared, by both equally; and the horse 

 having won nothing, the plaintiff paid the whole expenses ; 

 it was held that even if a partnership existed between the 

 plaintiff and defendant (and it was held by Cockburn, C. J., 

 that it did) in the management and running of the horse, 

 half the sum expended by the plaintiff was in the nature of 

 an advance by him of capital on behalf of the defendant, 

 and which he was entitled to recover from the de- 

 fendant («). 



A custom for the freemen and citizens of a particular Custom to 

 town to enter upon a certain piece of land on a particular ^^^^' 

 day for the purpose of horse-racing is a good custom, 

 and in pleading it, it is not necessary to aver that the 

 particular day was a seasonable one (b). But such a 

 customary right can only be applicable to certain in- 

 habitants of the district where the custom is alleged to exist, 

 and cannot be claimed by the public at large ; and there- 

 fore if alleged to be in all the Queen's subjects, it is bad (c). 



(a) French v. Styring, 26 L. J., 729. 

 C. P. 181. (c) Earl of Coventry v. Willes, 9 



(i) Mounsey v. Ismay, 1 H. & C. L. T., N. S. 384. 



B B 2 



