STAKEHOLDERS. 



383 



But if a person once affirms the contract by claiming the 

 stake, he cannot afterwards turn round and claim a return 

 of his money on the ground of the agreement being void by 

 reason of fraud (s). 



Where, however, the stakes have been paid over to a 

 fraudulent winner, they may even then be recovered from 

 him in an action by the stakeholder. Thus a bitch called 

 Emily Deans was entered for the " Grreat Open Puppy 

 Stakes " in Northumberland. The stakes were run for and 

 a bitch described as Emily Deans won them, and the money 

 was paid over by the secretary to the defendant. It was 

 subsequently ascertained that the bitch which had run was 

 not Emily Deans, but one called Miami. An action was 

 brought by the secretary, who was also stakeholder, to 

 recover the stakes from the defendant. It was submitted by 

 the counsel for the defendant that the plaintiff was not the 

 proper person to bring the action, and also that, Miami being 

 in every way qualified in point of age to run for the stakes, 

 there was no fraud committed. But Mr. Baron Martin 

 was of opinion that Emily Deans being the animal entered 

 for the match, the defendant had no more right to substitute 

 another dog in her place, than a person entering a hunter 

 for a sweepstakes had to run a racehorse instead. A verdict 

 was found for the plaintiff, and a rule for a new trial was 

 refused by the Court (a). 



A sum of money deposited with stakeholders, to abide the 

 result of a wager, which sum was repaid by them on the 

 death of the party depositing to the administratrix, was held 

 not to pass under the words " I give all nitj moneys, house- 

 hold furniture," &c. &c., because this sum of money, being 

 in the hands of stakeholders, could not be said, after being 

 so deposited, to have been in the possession or power of the 

 testator at any subsequent moment of his existence (6). 



How he may 

 waive his 

 claim. 



"Where a 

 stakeholder 

 may recoyer 

 from the 



Money in the 

 hand of 

 stakeholder 

 does not pass 

 as "his 

 moneys " 

 under the 

 depositor's 

 will. 



Stewards. 



The stewards are generally the proper parties to decide Their duties. 

 all disputes in a race, and all matters which, according to the 

 conditions of the race, are to be referred to them. In order 

 to their award being a satisfactory one, they should hear 

 both sides and all join in making it ; or if one make an 



(a) See per Pollock, C.B., Holmes 

 V. Sixsmith, 7 Ex. 808. 



(a) Emerson v. Dickson, before 

 Mr. Baron Martin, Durham Spr. 



Ass. March 4, 1853. 



(4) Manninr/ v. Furcell, 24 L. T. 

 317. 



