884 



RACING, STAKEHOLDERS AND STEWARDS. 



Disputes to 

 be settled by 

 them. 



Award should 

 he made by 

 all. 



Custody of 

 stakes m the 

 meantime. 



award for all, the disputing parties, and probably also the 

 clerk of the course or stakeholder, should expressly submit 

 themselves to his authority; though it would appear that 

 without a strict adherence to this procedure their award 

 might be a legal one(c). The judgment of the stewards 

 should, if possible, be obtained ; and recourse should not 

 be had to legal proceedings, unless it can be shown that it 

 is no longer practicable to get judgment from the stewards (c?). 

 But if the stewards are unable or incompetent to determine 

 it, the case must go to a jury, and the stakes in the mean- 

 time must remain in the hands of the clerk of the course 

 where he is the stakeholder. The law as to the decision of 

 stewards is fully laid down in the following cases : — 



There was a sweepstakes at Newport Pagnell races for 

 horses not thorough-hred. Before the race was run, the 

 plaintiff, who was owner of a horse afterwards second in 

 the race, gave notice to the defendant, who was clerk of the 

 course, that a horse belonging to one Shaw, which after- 

 wards came in first for the races was thorough-hred, and 

 therefore disqualified to start. The rule of the races was, 

 that all disputes were to be settled by the stewards A. and 

 B., whose decision was to be final ; and B. had agreed to 

 acquiesce in whatever A. did as steward. Neither of the 

 stewards were present, and on A. being referred to, he sub- 

 mitted the question to the Jockey Club, who refused to 

 entertain it, on the ground that it was a mere question of 

 fact, and referred it back to the decision of the stewards. 

 A. afterwards wrote a letter to the plaintiff, saying he con- 

 sidered him entitled to the stakes ; but no proof was given 

 that the first horse was thorough-hred. 



It was decided that the letter was no authority, but that 

 there ought to have been an express award by both stewards ; 

 or to make an award by A. binding, there ought to be clear 

 proof that both the disputing parties, and probably also the 

 clerk of the course, submitted to his authority. And Mr. 

 Baron Parke said: — 



" The stakes, therefore, remain in the defendant's hands 

 until it be determined by due course of law who is winner ; 

 that is, by the stewards, if they are competent to determine 

 it, if not, by a jury. The plaintiff may now submit the 

 case to the stewards if they are competent to entertain it ; 

 if not, he may bring an action and show himself the winner, 



ic) See post, p. 385. 



{d) Brou-n t. Overhury, 2.5 L. J., 

 Ex. 169. 



