374 



RACING, STAKEHOLDERS AND STEWARDS. 



" Scratching' 

 a race horse. 



Clerk of the 

 course usually 

 stakeholder. 



by some other person lawfully authorized by him to do so, 

 should be given to the stakeholder at the time of entry (k). 

 However, this need not cause any trouble, as it may be 

 effected by letter (/). 



The owner of a horse entered for a race can withdraw, 

 or, as it is termed, " scratch " him before the race is run. 

 A curious application was made to Vice-Chancellor Knight- 

 Bruce on this point. The racing stud of the late William 

 Charles Earl of Albemarle, including a valuable racehorse 

 and the stallion "Emperor," was bequeathed to his wife 

 Charlotte Susannah Countess of Albemarle. The executor 

 filed a bill, alleging, among other things, that the personal 

 estate of the late earl was insuiScient to pay his debts, and 

 considering that the two horses in question and the racing 

 stud, unless sold immediately, would be greatly depreciated in 

 value, and that the Countess was unwilling they should be 

 sold, it was prayed that a sufiicient part of them might be 

 sold, and that the Countess might be restrained from with- 

 drawing or erasing the above-mentioned racehorse from the 

 book in which his name was entered for the Derby or 

 St. Leger Stakes, or any other race. 



The Countess also filed a bill in the Court of the Vice- 

 Chancellor of England, stating that the personal estate was 

 sufficient, and praying the executor might be restrained from 

 selling or removing the racehorse, or the stallion "Emperor," 

 or the racing stud of the late Earl. 



The executor by his petition prayed the dii-ection of Vice- 

 Chancellor Knight-Bruce's Court as to the manner in which 

 these two horses and the stud should be dealt with, and that 

 the Dowager Countess might be ordered to concur in any 

 sale which the Court might direct, and for the injunction as 

 to erasing the name of the racehorse from the race- book, or 

 otherwise depreciating his value. 



An arrangement was eventually made between the parties, 

 and in the meantime an undertaking was given on behalf of 

 the Countess, that no step should be taken to " scratch " or 

 withdraw the racehorse from the book (■;«). 



The clerk of the course is usually the stakeholder at races, 

 and be is bound to retain the stake till some party be clearly 

 entitled to receive it ; and if he pays it to a party not entitled 

 to it, he is still liable to pay it to the party who has a proper 



{k) See Hentinek v. Coniiop, 5 Q. 

 E. 693 ; 1 Dav. & M. 536. 



(/) See Requisites of the Statute 

 of Frauds, ante, Part I., Chap. I. 



(»i) Keppel T. Countess Dowager of 

 Albnnurle, before Vice-Chancellor 

 Knight-Bruce, Feb. 18, 1850. 



