STAKEHOLDERS. 



373 



Stakeholders. 



A sweepstakes is a stake or fund for which at least 

 three entrances must be made. There may be any number 

 of subscribers or contributors, and the whole stake or fund 

 becomes, under certain regulations, the property of the 

 winner {h). 



Many races run with horses are matches ; that is, where 

 the horse of one person runs against the horse of another 

 for certain stakes to be awarded to the winner. Such 

 matches are no doubt lawful, but it seems that the winner 

 would not be entitled to recover the stakes from the stake- 

 holder, or from the loser, if they were in his hands, as the 

 transaction is simply a wager, and void under the 8 & 9 

 Vict. c. 109, s. 18 («■). 



The " Act for the Suppression of Betting Houses " {j) 

 does not " extend to any person receiving or holding any 

 money or valuable thing by way of stakes or deposit to 

 be paid to the winner of any race, or lawful sport, game or 

 exercise, or " to be paid " to the owner of any horse engaged 

 in any race," as, for instance, to the second horse. 



The 18th section of 8 & 9 Vict. c. 109, which makes 

 void all contracts or agreements by way of gaming or 

 wagering, and prohibits the winner in such transactions 

 from recovering either at law or equity, does not " apply to 

 any subscription or contribution, or agreement to subscribe 

 or contribute, for or towards any plate, prize, or sum of 

 money to be awarded to the winner or winners of any lawful 

 game, sport, pastime, or exercise," and the entry for a race 

 which is to be run within a year of the time of such entry 

 may be effected in the usual manner. 



Many of the great races are not run within a year from 

 the time the horses are entered, and therefore to attach a 

 liability to a loser who has not paid his entrance, it would 

 appear necessary, under 29 Car. 2, c. 3, s. 4, that some 

 memorandum or note in writing of the agreement to pay 

 the entrance money, signed by the party to be charged, or 



Sweepstakes. 



Matches. 



The Act for 

 the suppression 

 of betting- 

 houses. 



Entry for a 

 race. 



Race not to 

 be run within 

 a year. 



[h) Batty y. Marriott, 6 C. B. 

 831. 



(i) Satson v. Newman, 1 C. P. D. 

 573 ; 25 W. E. 85 ; and see DiggU 

 V. Siggs, 2 Ex. D. 42 > ; 46 L. J., 

 Ex. 721. A contrary opinion was 

 pxpressed in the third edition of this 

 work; but the authority for that 



opinion, viz., Batty v. Marriott, 5 

 C. B. 831, has since been overruled 

 by Higgle v. Siggs. See post, 

 p. 377. 



[j) 16 & 17 Vict. c. 119, s. 6, 

 Appendix. And see "Wagers, post, 

 Chap. III.; Betting Houses, post, 

 Chap. V. 



