STAKEHOLDERS. 375 



title to it, and until all disputes are settled lie is the proper 

 person to keep it (n). 



But he has no right to the stakes till he gets the money Has no right 

 into his hands ; he is never more than a mere stakeholder. '" *^^ ^^'^^^^' 

 Indeed, if he could bring actions for unpaid stakes, he would 

 be liable to have actions brought against him for every stake 

 that was won, whether he had received it or not ; and his 

 situation would not be a very enviable one (o). 



The competitors in a race may choose their own stake- Competitors 

 holder or select a substitute for the one nominated by the "^^1'/^^°''* 

 rules of the race. Thus, where by the rules of the race the stakeholder, 

 stakes should have been paid to the treasurer of the Jockey 

 Club, but the plaintiff insisted on their being retained by 

 the defendant, it was held that the former could not make 

 the latter liable, as he had acquiesced in the change (p). 



In order to enable one of the parties to maintain an Groimd of 

 action against a stakeholder to recover the amount of gj^^JJ^gi^e™" 

 stakes deposited with him to abide the determination of 

 the stewards, the plaintiff must either have the decision 

 in his favour, or show that it was no longer practicable to 

 obtain it (q). 



The position of the stakeholder towards the parties. Position of 

 where the race has not and cannot be run, is that of a ^o^rards the 

 debtor to each party for the amount deposited by each, parties, if the 

 It appears, therefore, that in that case a specific demand race is not to 

 of the stake from the stakeholder is unnecessary ; but ^^' ™^''_'^™'' 

 where the race might still be run and decided, each party 

 must make a specific demand of his stake from the stake- 

 holder before he can recover from him, because in this 

 case it is necessary to inform the stakeholder that the 

 authority given to him to keep the money has been 

 revoked (r). 



He cannot set off a claim of an unpaid stake due from Cannot set o3 

 a person on one race against a stake won by the same ^J'^^'"'^'^^ 

 person in another race («). 



If he cashes a cheque deposited with him, he is not Where he 

 guUty of a breach of duty, if the parties agreed to treat the '^^J^^^ ^ 

 cheque as money (t). 



(;;) Barrough T. SUnner, 5 Burr. (?) Brownv. Overbunj, 25 L. J"., 



2639 ; Marryat v. Broderick, 2 M. & Ex. 169. 



yf 339, ()■) Can- v. Martinson, 28 L. J., 



(o) Per Patteson, J., Charlton v. Q. U. 126. 



Jlill 5 C & P. 147. (s) Charlton t. Eill, 5 C. & P. 



( p) Dims V. Wolf, L. E., 2 P. C. 147. 



280-5 Moore P. C. C, N. S. 382 ; (t) WilUnson v. Godefroy, 9 A. & 



20 L. T., N. S. 251. E. 536. 



