sible for all moneys which come to his hands. Those moneys he holds, not as agent or servant to the Stewards, but as an independent official, subject, however, to the judgment of the Stewards whenever disputes arise as to the person who is entitled to receive them as winner.

Of course, the Stewards may, if they please, treat the Clerk of the Course as their mere agent, or appoint any other person as their servant, to receive and hold the stakes in their name; in which case they would be liable for them. But, unless they do so, they are in nowise responsible.

The duty of appointing the Judge and the Starter devolves upon the Stewards, who should take care that those offices are efficiently filled; for there is no appeal against the decision of either Judge or Starter upon those matters which it is their province to decide.

The decision of the Judge is final upon the question of the order in which the horses pass the winning-post, unless, indeed, it can be shown that his decision is corrupt and wilfully at variance with the fact. The decision of the Starter as to the start is equally final.

Appeal, however, may be made to the Stewards upon all other questions. Such, for instance, as questions as to the disqualification of any horse

objected to, the weight he carried, the mode in which he was ridden by the jockey, &c.; indeed, any question which involves the right of a horse to be deemed the winner, or to a place in the race, notwithstanding his having first passed the winning-post.

When by the articles it is provided that disputes are to be decided by the Stewards, their decision upon such disputes is final, and cannot be reversed in a court of law,-even though it may be clearly erroneous, provided there be no ground for impeaching it on the ground of fraud or corruption of the Stewards themselves.

So long as a dispute remains under the consideration of the Stewards, the stakes cannot be recovered from the stakeholder. This was expressly decided in a case of Brown against Overbury, tried before Mr. Justice Coleridge, at Warwick Assizes, in 1855, wherein it appeared that, in the spring of that year, a steeplechase was run near Henley. Overbury, the defendant, was treasurer of that race, and Brown, the plaintiff, sought to recover 267., being the amount of the stakes which he alleged were won by his horse 'Minor.' According to the articles, any dispute as to the race was to be decided by the award of four Stewards. A dispute arose. The Stewards met,

but were unable to agree as to the winner, two being in favour of Minor,' and two in favour of another horse called 'Prince Albert.' The plaintiff proposed to prove to the jury that his horse had won, and contended, if he did so, he was entitled to the stakes; and that even if he failed to do so, he was, at all events, entitled to recover back the amount of his own contribution to the stakes. Mr. Justice Coleridge was of a different opinion, and nonsuited him. On appeal, afterwards made to the Court of Exchequer (11 Meeson & Welsby, 715), the Court (Barons Alderson, Platt, and Martin) held that Mr. Justice Coleridge was right, and that the plaintiff could not recover the stakes or his own contribution whilst the matter remained, as it was, undetermined by the Stewards.

If there are several Stewards, it is not essential to the validity of their decision that they should be unanimous. If, after discussing the matter in dispute, they differ in opinion, they may treat the decision of the majority as their decision. (Parr v. Wintringham, 1 Ellis & Blackburn, 394.)

It is no objection to the decision of the Stewards that one of them had an interest in the race,e.g. by having betted on or against any other horses in the race. (Ellis v. Hopper, 4 Hurlstone & Norman, 765).

As a general rule, it may be taken that, during the days of racing, the race-course and inclosures are in the legal possession of the Stewards, and that they have, for all purposes connected with the races, the authority of the owner of the ground to order off every person whose removal they deem desirable.

The purchase of a ticket for the inclosure gives the holder of it no legal right to remain there after he has been warned to depart; and if he refuses to quit, he may be removed with such force (but no more) as is necessary for his removal: see Wood v. Leadbitter, 13 Meeson & Welsby, 838, which was an action by the plaintiff Wood against Leadbitter, the defendant, for removing him from the inclosure attached to the grand stand at Doncaster. It was proved that Lord Eglinton was Steward of the races there in 1843; that the plaintiff had purchased a guinea ticket for the stand and inclosure for the week; and that, while the races were going on, he, being in the inclosure, was ordered by the defendant, who had the authority of Lord Eglinton for that purpose, to depart. He refused to go; whereupon, the defendant, using no unnecessary violence, turned him out without returning the guinea. It was held by the present Lord Chancellor, then Baron

Rolfe, who tried the cause, and afterwards by the full Court of Exchequer, that the right conferred by the ticket was a mere licence to remain in the inclosure until it was revoked. That Lord Eglinton had the power to revoke it at any moment; that having done so, the plaintiff's right to remain in the inclosure was at an end; and that, as he had refused to depart, he was legally ejected.

The grounds upon which that decision was arrived at it is not necessary, nor would it be useful, in this work to discuss. It is sufficient to that so was the law laid down, and so it is.

say

THE CLERK OF THE COURSE.

In drawing up the articles of the racing programme, avoid the modern extortions from the owners of horses; sales by auction, unless the second horse receives half the profit; plates, the winner to pay back a percentage, which is giving with the right hand and stealing with the left.

Do not tax the stable-keepers and the blacksmiths to encourage them to make horse-owners pay double. Some country programmes state that horses will be disqualified to win if they come in first, unless they stand at the stable of a subscriber, and are plated by a subscribing black