468 
VETERINARY JURISPRUDENCE. 
shewed the parties that were paid in cash, and those who were paid partly in 
cash and partly in outstanding 1 debts. Some of the members of the Jockey Club 
were against this matter being brought under their consideration altogether. 
Among the objectors were the Duke of Richmond and Lord G. Bentinck. 
I do not know that Mr. Holdsworth was an objector. I think Sir J. Shelley 
acceeded to the resolutions passed at the club ; I am, however, aware that 
he spoke against the proceedings. There was a meeting held on the subject 
at the Duke of Bedford’s, at Woburn Abbey. This meeting took place on 
the 11th of December, 1841. I {lid not give notice to Mr. Thornton to at- 
tend the meeting. 
The Court, at the suggestion of Sir T. Wilde, wished to know if any 
party was summoned by the Jockey Club, except upon application of a com- 
plaining party ? 
Witness. — It is not the practice to do so. 
Lord Abinger. — Under what circumstances does the club declare a man 
to be a defaulter? 
Witness. — When it has been decided, after hearing that he is bound to 
pay, and that he neglects or refuses to do so. The witness further proceeded 
to say, that the guarantee which wa^given by Messrs. Portman, Beale, and 
Clarke, dated the 14th of June, did not come into his possession till the 5th 
of February. It was not a paper belonging to the Jockey Club ; it had been 
sent to him by Colonel Anson. 
The undertaking was then put in and read, and was as follows : — 
“ June 14, 1841. 
“We, the undersigned, undertake that Mr. Gurney’s account shall be 
paid in full by the end of the Houghton Meeting.” 
It was signed by Mr. Portman, Mr. Beale, and Mr. Clarke. 
To Sir T. Wilde. — There was no minute of the guarantee made in the 
books of the Jockey Club. The guarantee was merely produced at a meet- 
ing of the club by one of the stewards. 
Lord Abinger. — To whom did you understand this guarantee was 
granted ? 
Witness. — I knew nothing about it till it was sent to me by Colonel Anson 
on the 5th of February. Davies and Adkins were not summoned to attend 
the club, because nobody had complained against them. I sent a copy of the 
guarantee to Lord George Bentinck by Colonel Anson’s desire. 
The Duke of Richmond was then examined by the Solicitor-General; 
but said little more than that he had always understood the practice of the 
turf to be, that those who did not pay their bets were not entitled to receive 
their winnings, and that he had never heard of any compromises being made, 
or of assignees being appointed to settle the debts of a defaulter. 
Mr. G. Thornton was then called, who deposed to the payment of the 
money by plaintiff, and the fact that Messrs. Portman, Beale, and Clarke had 
given the guarantees before-mentioned. 
Lord George Bentinck was next called, and in reply to the Solicitor 
General, said, — I have been a member of the Jockey Club fifteen years. 
The practice of the turf is, that if persons who make bets do not pay, they 
are not entitled to receive. I know of no instance before the present, of per- 
sons being appointed assignees to settle the account of a defaulter. This is 
the only instance of the kind that ever occurred. I lost bets to Mr. Gurney 
on the races at Epsom in 1841. He appeared at Tattersall’s on the settling 
day, but he did not pay. I did not see him, but I heard he was there. There 
was an application made to me on the Friday following to pay what bets 
