HORSE JURISPRUDENCE-TIIE GUY STAKES. 
529 
produce, by Filho da Puta. It was unnecessary to mention the 
names of the other horses that had run, these being the two that 
had come in first and second. There was no dispute as to the 
fairness of the race ; but it was a rule laid down by the Jockey 
Club, and well known on the turf, that no person who is in arrear 
for subscriptions or forfeits be allowed to start a horse until he 
has paid up; and that if the horse of such person were to start 
and win the race, he would not be entitled to the stakes, which 
would in such case go to the owner of the horse coming in next 
after him. The objection against Mr. Beardsworth in the pre¬ 
sent instance was, that Mr. Mytton, in whose name Birmingham 
had been entered for the race, was in arrear at the time for stakes 
and forfeits, both at Warwick and at Winchester; and conse- 
cpiently Sir Mark Wood, who had become the owner of Cetus, 
the horse that came in second, claimed the stakes from the clerk 
of the course, who, of course, refused to give them up to either 
party until the question was decided. The parties referred the 
matter to the stewards, with power to choose a third party as 
umpire. These gentlemen, namely, Mr. Lucy, the present High 
Sheriff* of this county (then acting as steward for Mr. C. Wise, 
who was at Hastings), and Mr. Gifford, not feeling themselves 
competent to decide upon the point, referred it, with the consent 
of the parties, to the stewards of the Jockey Club at Newmarket. 
Written statements of their respective claims were required from 
Sir Mark and Mr. Beardsworth, which were accordingly sent in, 
and these statements were transmitted by Mr. Lucy and Mr. 
Gifford to the stewards of the Jockey Club, two of whom, the 
Duke of Richmond and Mr. C. Wilson, met at New r market in 
October, and chose Mr. Irby, a member of the Jockey Cub, to 
supply the place of Lord Verulam, the third steward, who was 
absent. After having considered the statements sent in on both 
sides, these three gentlemen decided that Sir Mark Wood w as en¬ 
titled to the stakes, and forwarded their decision in writing to the 
clerk of the course. Mr. Beardsworth, nevertheless, persisted in 
his claim, and the defendant consequently refusing to pay over 
the money, he being no doubt indemnified by Mr. Beardsworth, 
the present action was brought to recover the amount in his 
hands. 
The facts, as detailed in the learned Serjeant’s statement, were 
then proved by the evidence of the jockey who rode Cetus; the 
editor of the Racing Calendar; Mr. Lucy, the acting steward of 
the Warwick races in 1830; the secretary to the stewards of the 
Jockey Club; and his Grace the Duke of Richmond, one of the 
referees. The latter stated that Mr. Wilson, Mr. Irby, and him¬ 
self, took the written statements of the respective parties into 
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