STEWARDS. 393 



■where an action for money had and received was brought 

 against the defendant, who was clerk of the course at the 

 Mostyn Hunt Eaces, for the amount of stakes held by him 

 as the stakeholder on a race won by a mare of the plaintiff's 

 called Funny : the following was the printed advertisement 

 of the race : — " A sweepstakes of ten guineas each, five 

 forfeit, for horses not thorough-bred that have never started 

 against a thorough-bred one or run for a plate ; that have 

 been regularly hunted with Sir Thomas Mostyn's, the Duke 

 of Beaufort's or the Duke of Grafton's hounds, up to the 

 day of naming, and are bona fide the property of the sub- 

 cribers, &c. One guinea entrance. Horses to be named 

 by Mr. E. Deakins on or before the 22nd of March." The 

 plaintifP paid his share of the stake, and his mare came in 

 hrst ; but it appeared that the mare had been only once 

 hunted with the hounds of Sir Thomas Mostyn. A wit- 

 ness proved that about half-an-hour before the race was 

 run, the plaintiff said to the defendant, that he hoped he 

 was satisfied about the mare's hunting, and that the 

 defendant replied, " Quite so : you run your mare, we 

 have arranged that." But Mr. Baron Vaughan said, "It 

 must be shown that the clerk of the course had authority 

 from the subscribers to waive the conditions of the race. 

 It is not enough for the clerk of the course to say, half- 

 an-hour before the running, that he would waive a par- 

 ticular condition. I take it that there was a printed pro- 

 posal to run horses on certain terms ; what the clerk said 

 after this was published cannot have the effect of waiving 

 any of those terms without all the other subscribers are 

 proved to have consented to it " («/). 



Where a match had been run between two horses under Waiver by 

 the Australian Jockey Club rules but the stakes had at the ""^^l °* 

 request of the loser, and with the consent of the winner, 

 been deposited with his nominee instead of with the 

 treasurer of the Jockey Club, as required by the rules, it 

 was held that the loser could not maintain an objection 

 that the rules of the club had not been complied with (s). 



"Where, in an action against a stakeholder for the Eftectof 

 recovery of the stakes deposited with him to abide the f^l,"^'!^^^™^^ 

 event of a horse-race, it appeared that an objection to the rules, 

 plaintiff as the winner of the race, on the ground of his 

 being on the unpaid forfeit list, had not been lodged within 



(y) Wellerv Deakins, 2 C. & P. 280; 3 Moore, P. C, N. S. 382; 

 618. 20 L. T., N. S. 251. 



(z) Dines v. TTolfe, L. E., 2 P. C. 



