the weight which it was declared the horse should carry, or shall have ridden more than 2lb. above the weight declared, then such horse shall not be considered the winner of the race, even though he should come in first, but shall be placed as the last horse in the race, and his owner shall pay the stake, as for a beaten horse.

46. The persons appointed by the Stewards to weigh the jockies, shall, immediately after each day's race, report to the Keeper of the Match-book how much each horse carried, where he carried more than 2lb. above the specified weight. And the Keeper of the Matchbook is, as soon after as may be, to communicate such report to the Stewards, or one of them. And the weight each horse actually carried. if more than 2lb. above his weight, shall be published in the first list printed after the race, and also in the account published in the Racing Calendar.

47. Every groom shall have his horse at the post, ready to start, within five minutes of the time appointed by the Stewards. And every jockey is to be there, ready to start, within the same time. And every groom and jockey making default herein, shall forfeit 5l. to be paid to the Keeper of the Match-book, and by him accounted for to the stewards.

48. The person appointed to start the horses shall mark in his list the time when the horses in each race actually started; and, if there have been any false starts, the first of them shall be considered as the time of starting for that race. And he shall make a report thereof to the Keeper of the Match-book, in the afternoon of the day the races are run. if any delay beyond the allowed time shall have taken place, he shall state by whom, or by what cause, the delay was occasioned. He shall regulate his watch by the coffee-room clock, which shall be considered as the true time for this purpose.

And

49. If any horse, &c. intended to be entered for any plate or subscription, where entrance is required, shall be engaged to run on the day of entrance, he shall not be obliged to shew at the time of entrance; but if he have not before run at Newmarket, he shall shew at the place of entrance, within one hour after his engagements are over. But no horse that has before run at Newmarket need be shewn at the time of entrance, or afterwards.

50. When any match is made in which crossing and jostling are not mentioned, they shall be understood to be barred.

51. When any match or sweepstakes shall be made and no weight mentioned, the horses shall carry 8st. 71b. each. And if any weight is given, the highest weight shall be 8st. 7lb.

52. When any match or sweepstakes shall be made, and no course mentioned, the course shall be that which is usually run by horses of the same age as those engaged: viz.

If yearlings, the Yearling Course.

If 2 years old, the Two Year Old Course.

If 3 years old, Rowley's Mile.

If 4 years old, Ditch In. And

If 5 years old and upwards, Beacon Course.

And if the horses should be of different ages, the course shall be fixed by the age of the youngest.

53. The Keeper of the Match-book shall charge the proprietors of such horses as receive forfeit, and shall be excused from appearing, with the same fees for weights and scales, as if they had come over the course.

54. Towards defraying the expense of repairing the Course and Exer cise Ground, one guinea annually shall be paid in respect of every Racehorse that shall be trained or exercised, or that shall run any private trial, or public race thereon. And the same shall be paid by the stablekeeper, or servant having the care of such horse, and be charged by him to the owner of such horse. Every such stable-keeper or servant shall deliver a list to the Keeper of the Match-book of the horses which have been under his care, liable to pay the said charge, on the Saturday before the Craven Meeting in each year, and also on the Monday before the Houghton Meeting; and shall at the last mentioned time pay to the Keeper of the Match-book the money due for each horse. That for the future, if any such stable-keeper or servant shall fail to make a true return of the horses which have been under his care, he will be surcharged one guinea for each horse omitted in his list.

55. If in running for any race one horse shall jostle or cross another, such horse and every horse belonging to the same owner, or in which he shall have a share, running in the same race, shall be disqualified for winning the race, whether such jostle or cross happened by the swerving of the horse, or by the foul and careless riding of the jockey, or otherwise; and where one horse crosses the track of another next behind him, it shall be deemed a sufficient cause of complaint, even though he be a clear length, or more, before the horse whose track he crosses, it being desirable that, when once a jockey has taken his ground, he should not prevent any other jockey from coming up, either on his right or left hand. And if such cross or jostle shall be proved to have happened through the foul riding of the jockey, he shall be disqualified from again riding at Newmarket; or shall be punished by fine or suspension for a time, as the Stewards shall think fit; it being absolutely necessary, as well for the safety of the jockies themselves, as for satisfac tion of the public, that foul riding should be punished by the severest penalties.

56. All complaints of foul riding must be made before, or at the time the jockey complaining is weighed; and it may be made either by the owner, jockey, or groom of the horse, to one of the Stewards, to the Keeper of the Match-book, to the Judge of the race, to the Clerk of the course, or to the person appointed to weigh the jockies.

57. In naming or entering for any race where there shall be any particular conditions required as a qualification to start, it shall be sufficient if the horse were qualified at the expiration of the time allowed for naming or entering; and he shall not be disqualified by anything which may happen after the expiration of that time, unless so specified in the

article; and if any additional weight is to be carried by horses which have won one or more plates or races within the year, it shall be construed to mean the year of our Lord.

58. Where it is made a condition of any plate or subscription that the winner shall be sold for any given sum, the owner of the second horse being first entitled, &c. no other person than one who ran a horse in the race shall be entitled to claim. The horse claimed shall not be delivered till he is paid for; and he must be paid for on the day of the race, otherwise the party claiming shall not be entitled to demand the horse at any future period; but nevertheless the owner of the winning horse may insist upon the claimant taking and paying for the horse claimed.

59. When the qualification of any horse is objected to by ten o'clock in the morning of the day of starting, the owner must produce a certificate, or other proper document, to the Steward, or Clerk of the Course, or to the Keeper of the Match-book, if the case happen at Newmarket, before the race is run, to prove the qualification of the horse; and if he shall start his horse without so doing, the prize shall be withheld for a period to be fixed upon by the Stewards, on the expiration of which time, if the qualification be not proved to the satisfaction of the Stewards, he shall not be entitled to the prize, though his horse shall have come in first; but it shall be given to the owner of the second horse. When the qualification of a horse is objected to after that time, the person making the objection must prove the disqualification.

60. It is expected that every member of the clubs at Newmarket, and every person running or training horses at Newmarket, shall consider themselves amenable to these Rules, and such others as the Stewards may from time to time think fit to adopt for the better regulation of racing at Newmarket. And all trainers, jockies, grooms, and servants of such persons, are strictly enjoined to observe the same. And if any trainer, jockey, groom, or servant shall be proved to have been guilty of any infraction of these rules or orders, or any of them, he will be punished by the Stewards, to such extent as they may think the case requires, and in such manner as they may have the power to enforce.

61. All disputes referred to the Stewards of the Jockey Club will be adjudged according to their published rules and orders, where any of them are applicable to the case submitted to them; and where not, according to the established rules of racing.

S. BATSON,
LOWTHER,
RICHMOND,

Stewards.

ADJUDGED CASES.

CASE I.

A, B, and C, run for a subscription, the best of heats. A wins the first heat, B the second.-C's rider, after saving his distance the second heat, dismounts between the Distance-post and the end, but remounts, rides past the Ending-post and weighs as usual; starts, and wins the third heat, and weighs, without any objection being made.

A, being second the third heat, in a short time afterwards demands the subscription (not knowing till then that C's rider had dismounted) and refuses to start for the fourth heat, which B and C run for, and C wins.

It was decided, that no objection having been made to C's starting for the third heat, he was entitled to the prize.

CASE II.

The winner of a plate, whose horse had distanced all the others, applied for the stakes or entrance-money, which was advertised to be paid to the second-best horse that won a clear heat-one of the distanced horses had won the first heat.

It was decided, that the winning horse cannot be deemed the second horse, and therefore was not entitled to the stakes; and all the others being distanced, no other person could claim them.

CASE III.

A gold cup, &c. for horses that never won.

A

B

C

1

2

3

The owner of B claimed on the ground of A's disqualification, he having the preceding year won a clear heat at Chelmsford, to entitle him, according to their articles, to the stakes or entrance-money.

It was decided, that A was not disqualified, the term "winner" applying only to the horse that beats all the rest.

CASE IV.

Whether a horse, having won a sweepstakes of 23gs each (3 subscribers) is qualified to run for a 50%. plate, expressed to be for horses that never won plate, match, or sweepstakes, of that value?

It was decided, that it was the practice, in estimating winnings, to consider the clear sum gained only, and consequently to exempt the

stake of the proprietor; the horse, therefore, which had won a sweepstakes of 46gs only, viz. two stakes of 23gs each, was not thereby disqualified for the 501. plate abovementioned.

CASE V.

Mr Baird having entered two horses for the King's plate at Newcastle, in 1793, and won it with Sans Culotte (his other horse not starting) the owner of the second horse objected to his receiving the plate, on the ground that he was disqualified by having entered two horses.

It was decided, that Mr Baird was entitled to the plate.

CASE VI.

A betted B, that a mare should trot a mile in five minutes, in four minutes and a half, and in four minutes; all which, it was stated, she won with ease; but B measuring the distance after the races were over, found it was short of a mile by four yards.

It was decided, that as no objection was made to the measure of the Course before starting, and the mare having performed the distance set out, and not objected to, A won all the bets.

CASE VII.

After the race for the Somersetshire Stakes at Bath in 1829, it was discovered that the person in whose name Rasselas was entered, was dead before the race was run, and Mr Day, the owner of Liston, who came in second, claimed the stake. The matter was referred to the Stewards of the Jockey Club. It was decided that Liston was entitled to the stake, because of all the horses qualified to start for the stake, he was the first; Rasselas being disqualified by the death of the person in whose name he was entered.

But the Stewards thought that in this case, as in that of a horse disqualified to start, from stakes not having been duly made, the bets should stand according as the horses came in.

CASE VIII.

At Canterbury races 1829, for the 1001. given by the Noblemen and Gentlemen, Mr Pearce's Guildford won the two first heats; but Mr Mattam, the owner of Moor Buzzard, claimed the plate, alleging that Guildford was disqualified, his owner having run two horses for a prize for which heats were run.

It was contended on the part of Mr Pearce, 1st, That this was not a plate: 2nd, That no objection was made till after the jockies were weighed, and the horses led away.

The matter being submitted to the Stewards of the Jockey Club, they were of opinion that Moor Buzzard was entitled to the prize: and referred to the Rules of Racing, the last but one in page xx.ii, vol. 1828, as decisive.

VOL. LVIII.

d