392 



RACING, STAKEHOLDERS AND STEWARDS. 



Terms of a 

 race. 



Rules of a 

 regatta. 



Stewards, &:c. 

 cannot waive 

 any condition 

 of a race. 



In sculling races between professional watermen it is tte 

 custom for the competitors to start themselves, but if either 

 should make default in starting, and any question should 

 in consequence arise, it would be in the power of the 

 referee to determine that question. The plaintiff and K. 

 attempted, unsuccessfully, to start, and K. rowed to the 

 referee, who ordered him to teU the plaintiff that if he 

 would not start K. must start without him. K. rowed 

 over the course without the plaintiff, and the referee 

 awarded the race and stakes to him, without hearing any 

 evidence or taking any steps to ascertain if his order had 

 been communicated to the plaintiff, and without having any 

 means of acquiring the knowledge of the fact. The plaintiff 

 brought an action to recover his deposit. The jury found 

 that the order of the referee was not communicated to him, 

 and that he had not a fair opportunity of starting. It was 

 held that the jurisdiction of the referee never attached, and 

 therefore his decision was not final, and the plaintiff was 

 entitled to recover. 



All the parties whose horses are entered must of course 

 adhere to the terms of the race, such as the weights, pay- 

 ment of entrance money, &c., because no single condition 

 can be waived without the unanimous consent of the sub- 

 scribers (u). 



According to the rules by which a regatta was regu- 

 lated, and which had been signed by all the parties taking 

 part in the race, the prize, which was a boat, was not to 

 be delivered up, unless it was fairly won to the satisfaction 

 of the managers. In consequence of some fouling the 

 managers were dissatisfied, and called upon both parties 

 to stop the race. One of the parties, however, continued 

 to row on alone, until he reached the goal ; and then, 

 assisted by his friends, he took possession of the prize boat, 

 and deposited it in the defendant's yard. An action of 

 trover was brought against the defendant by the managers 

 to recover the boat, and Lord Denman being of opinion 

 that the evidence of conversion on the part of the defen- 

 dant was very strong, the jury found a verdict for the 

 plaintiff {x). 



Neither the stewards, clerk of the course, nor any other 

 persons, can waive or vary the published conditions of any 

 race without the consent of all the subscribers. Thus 



{u) TFelkr T. Bealcins, 2 C. & P. 

 61H. And see Lacey v. Vmbers, 2 

 C. M. & R. 116. 



(x) Clicescman v. 

 Lord Denman, C.J., 

 23, 1817. 



Bart, before 

 Guildhall, Dec. 



