388 



RACING, STAKEHOLDERS AND STEWARDS. 



Stewards' 

 decision on 

 construction 

 of rules. 



Provisional 

 decision. 



allow tte stakes to be paid over to the treasurer, and by 

 writing to the stewards had acknowledged that it was run 

 under the rules ; and further, that the stewards having 

 acted fairly, and being the judges as to what evidence 

 should satisfy their minds, their decision could not be 

 impeached. 



At a steeplechase, weight for age — run under certain 

 rules, one of which made the decision of the stewards final, 

 and another required that upon entering a horse his age 

 should be stated — the defendant's horse was entered as 

 " aged ; " he came in first, but was objected to as being 

 a " six-year-old," and not an " aged " horse ; the stewards 

 decided that, though, as a matter of fact, the horse was a 

 " six-year-old," and not " aged," the misstatement in the 

 entry was immaterial, inasmuch as the weight imposed on 

 a " six-year-old " and on an " aged " horse was the same. 

 The Irish Court of Exchequer Chamber held, that the 

 stewards had not exceeded their jurisdiction, that there 

 being no question as to the bona fides of their judgment, 

 their decision on the construction of the rules, as well as on 

 the matters of fact, was final and conclusive between the 

 parties, and accordingly that the defendant's horse was 

 entitled to the stakes (m). 



Where by the conditions of a race the decision of the 

 stewards in all cases of dispute is to be final, they need not 

 decide on the whole case at once, but may come to a pro- 

 visional decision on the facts before them, and subsequently 

 reopen the question and decide on the whole case, and such 

 ultimate decision will be final. Thus, in Smith v. Little- 

 dale (n), the plaintifl''s horse ran in a race subject to the 

 following conditions, viz. : — that he had been fairly hunted 

 with certain hounds during the season ; that he had been 

 a certain time in the possession of his owner ; and the 

 stewards were to disqualify any horse that they did not 

 consider to have been hunted in a genuine bond fide 

 manner, and their decision in all cases of dispute to be 

 final. The horse came in first, and the owner claimed the 

 stakes. On an objection that the horse had not been 

 fairly hunted, the stewards at once went into the question 

 in the weighing-room, and held that he had, leaving the 

 question whether the plaintiff was owner within the condi- 

 tions for future decision. They subsequently decided that 



[m) Ncwcomm^. Lynch, 10 Ir. E., Ir. R., C. L. 1. 

 C. L. 248— Ex. Cli. Reversing the (m) 15 W. R. 



decision of the Queen's Bench, 9 



-C. P. 



