886 



EACING, STAKEHOLDERS AND STEWARDS. 



Stewarrl's 

 decision 

 need not 

 be formal. 



were in the position of arbitrators, they would have to meet 

 together, to deliberate together, and to give a joint judg- 

 ment. But they are judges of a peculiar character, and to 

 avoid the technicality of a legal proceeding, it is intended 

 that each should give a final judgment, and not that they 

 should give a joint judgment. Accordingly it is not 

 necessary that they should meet together and make a joint 

 decision. And it may be stated as a general principle, 

 that if that decision is a fair and honest one, it will he 

 upheld by the Courts of Law " (j). 



Where the printed conditions of a steeplechase con- 

 tained the following (amongst other) stipulations : " No 

 groom or professional jockey uill be alloiced to ride," and 

 " all disputes and other matters shall be decided by the 

 steward, whose decision shall be final, and who shall have 

 the power of appointing an umpire : " the plaintiff who had 

 a horse to run, which he intended should be ridden by one 

 Walker, was informed by order of the steward, before the 

 day of the race, that the steward considered Walker as a 

 professional jockey, and that the horse, if ridden by him, 

 would be no horse in the race. On the day of the race. 

 Walker appeared in the field, mounted and prepared to 

 ride the plaintifi''s horse, when the steward intimated to 

 the plaintiff and others near him that his horse would be 

 no horse in the race, as Walker had been forbidden to ride. 

 Notwithstanding this intimation, Walker rode the plaintiff's 

 horse, and came in first. On the following day the steward 

 pronounced the second horse to be the winner and entitled 

 to the stakes. The plain tifli' then brought an action against 

 the defendant, who was secretary to the race committee, 

 and holder of the stakes. A verdict was found for the 

 plaintiff, reserving leave to the defendant to enter a nonsuit. 

 The Court of Exchequer made the rule absolute to enter a 

 nonsuit, and Chief Baron PoUock said, " The question is, 

 whether the steward has decided this point, and whether 

 his decision is good in point of law. I am of opinion that 

 he has come to a decision, and that that decision is 

 sufiicient." And Mr. Baron Alderson said, "It would be 

 strange, if in a case Kke this a formal and solemn decision 

 was necessary; if, for instance, it were requisite that a 

 point should be regularly raised before the steward, that 

 witnesses should be examined upon oath, and the same 



{j) Parr v. Wmterinffham, 5 Jur., N. S. 787 ; 28 L. J., Q. B. 123. 



