OPINION.--I find, by the official report of the clerk of the course, that she carried 9st. 2lb., very fine weight. This weight, 9st. 2lb., in my opinion, she was bound to carry; the conjunction (or) coupled the two events. Nancy is therefore entitled to the B. R. Stakes. I must remark that Rule 54 (under which the owner of Knook Knoll claimed the stakes) was framed to meet abuses formerly committed by persons who ran their horses over-weight to deceive the public, such excess not being registered; it being less injurious to the horse to carry extra weight than to run with a full stomach. But it never was contemplated by the racing legislators that this rule should act penally against a fair-trader, who carried extra weight according to his opinion of the tenor of the articles, under open circumstances, amounting to a public declaration, although not made in writing, or posted up half-an-hour before the race. It would, therefore, have been repugnant to the general notions of equity to have deprived Nancy of the B. R. Stakes, in the event of its being clearly established that she ought only to have carried 3lb. extra: even then she must have carried above 5lb. to have forfeited the stakes by the 54th rule. This circumstance convinces me that it would be advisable to add the following clause to the above rule“ Unless the owner of the said horse carried extra weight under the bond fide impression that he was so bound by the articles of the race.” Another plea might have been urged by the owner of Knook Knoll, viz., that Nancy ought not to have carried above 3lb, extra, because she won subsequently to the entry. And he might have rested his case upon the Chatham Plate, 1825, when the stewards of the J. Club gave their opinion that the filly which won a plate subsequently to the entry was not bound to carry the specified penalty of 71b, extra; and the stewards, on mature consideration, recommended that in future a horse, being duly qualified at the expiration of the time of naming or entering for any stake or plate, should not be affected as to that stake or plate by any subsequent event. This recommendation was acted upon by the stewards in 1832, with respect to a plate run for at the Royal Caledonian Meeting, and again at Northampton, in 1834, where the articles stated that winners in the current year of Kings' Plates were to carry 3lb. extra, the stewards decided that Diana, having won subsequently to her entry, was not entitled to carry the 3lb. These decisions and recommendations were given in direct violation to the old and established customs of the Turf. In 1809 Cecilia was disqualified by the stewards of the J. Club from winning the Town Plate, at Newbury, because she did not carry the 3lb. extra for winning a plate on the previous day, subsequently to the entry, no conditions being expressed of winners up to the time of starting. At this moment there is no rule to disqualify a horse for carrying extra weight, if the owner ima. gines that he is bound so to do, in consequence of winning a race subsequently to the entry. A recommendation may be considered and attended to when a question arises as to the amount of extra weight to be carried, but that recommendation carries no weight in point of law; it requires a clear, distinct, indisputable rule to exact a penalty; and no arbitrator or steward with a grain of common sense can be justified in inflicting a punishment upon a fair trader, who publicly saddles his horse with extra weight, on conscientious motives. The fact is, the stewards of 1825 mistook the principle between disqualification and the penalties for winning. According to ancient customs, no event subsequent to a horse being entered can disqualify him from starting for the stake or plate ; but there is no reason against the said horse carrying extra penalties of weight for winning subsequently to the entry. The stewards travelled out of their road to be inconsistent and mystify the laws of racing. A horse entered for a maiden plate cannot be disqualified by winning a race subsequently to the entry; for instance, Heart of Oak entered on the 1st of March for the Maiden Plate, at Northampton, is not disqualified to start, although he won a race on the 4th of March, at Coventry. In the majority of the two-year-olds stakes the articles express "winners to carry extra weight;" and objections have been frequently made (owing to the recommendation alluded to), because the winner carried extra weight for wins ning subsequently to the entry. These objections have been over-ruled, from the obvious reason that the two-year-olds being named as yearlings could not possibly have won anterior to the entrance. The same argument would have applied to Nancy. The B. R. Stakes closed before the racing season of 1851 commenced, ergo that objection could not have been entertained. I have written thus far to explain to the racing public that there is every inducement to frame a rule to this effect-"That in all stakes and plates where penalties of extra weight are inflicted on winners the weights shall be calculated up to the time of starting.” To this proposal I cannot anticipate the shadow of a reasonable objection. To simplify the rules, and to explain the laws of racing, by which wrangles and disputes may be avoided, has induced me to enter so fully into the merits of the case. March 17, 1851. H, I. Rous, SONG.-" THE SEASON IS OVER.” BY ROBERT H. BROWN. 1. The season is over. Farewell To haunts familiar and dear!— The wood, the meadow, and mere ! The gallant, the staunch, and the true ; To all and to each an adieu ! II. The season is over, alas ! The stud and the kennels are closed ; My dogs are all housed and reposed ! Like gifts of a true-hearted lover, To my friends familiar and dear- The wood, the meadow, and mere ! TO THE EDITOR OF THE SPORTING MAGAZINE, SIR,—I have lately been advertising in vain in the Hampshire and Wiltshire papers for a number of small greyling, being anxious to try how they would thrive in the Kennet, near which river I reside. I am only ten miles from Basingstoke, to which Station I could easily send to meet them ; and if any of your readers could inform me where I could apply for a supply of small fish, I should esteem it a great favour. I remain, your obedient servant, HIGFORD BURR. Aldermaston, near Newbury, Feb. 19, 1851. “ THE POT-HUNTER." DESIGNED AND ENGRAVED BY H. BECKWITH. - - “ Noscitur a sociis "-which means 10 say, my unlearned frier.d that dog must belong to a bit of a scamp. And yet to see “shepherd” reclining on a bank in true Arcadian fashion, chewing the cud of contemplation, if he hasn't got any 'baccar-you would hardly think so. That gentle shepherd, whose daily wanderings have no greater purpose than mushrooms, and whose hedge-row surveys no higher aim ihan hazel nuts. And his good faithful dog, again, that pattern of fidelity and industry, whose cha. racter serves so admirably for school-room copies, and whose great duty it is to watch the flock as he lies at his master's feet, or keeps guard over his great coat. Mild, happy, innocent couple! who would dare to say you knew the set of a wire; or that good, faithful, sleepylooking “ Shock" there, could give puss a turn or two over awkward ground? But “opportunity” has much to answer for. How it tries us all to be sure ! -men and maids, nobs and “roughs," how many trace their little peccadilloes home io it! And shall shepherds, or shepherds' dogs, stand fire-proof, when all the rest of the world own a little to the heat of excitement ? Forbid it seven shillings a-week and find yourself— forbid it open air and little else to do-forbid it sharp-set Shock, who knows full well he'll have small chance of a dinner without he helps to provide one. So look at shepherd again, my dear madam, as he still reclines “ where the wild ihyme grows," and, if possible, bring yourself to fancy he has the stock of a gan in one pocket, and the barrel in the other. And you, my dear little boy, who has read so much about faithful Tray, it' you should like a little fun, get mamina out of the way, and Shock may show you some sport, though he doesn't make much fuss about it. At best it is but a Joseph Surface sort of world we live in, though many of us turn humbugs more from necessity than natural inclination. May we put in a plea for the poor pot-hunter on these terms- at any rate he is a sportsman on first principles, and braves many a danger in the course he takes. Should keeper Plush catch sight of him, such as we have just now contrived to, there might be a charge of shot in his head, and a warrant or summons to his master for Saturday next. So loo on, old boy! and turn up bunny, the sooner the better for all of you! Shepherd, however, who is creeping along a little under cover at a most extraordinary pace, says no such thing "Come behind, Shock !" is all he sings out at the top of a by no means weak voice, at which Shock, if possible, goes in at his game with more energy than ever. They do say there is a gentle shepherd somewhere in the neighbourhood of the Berkshire Downs, who has educated a dog or two on this Cardinal Wiseman plan of taking black for white, as it answers a purpose, and often saves a character to bring him up to believe in it. So, “come behind, Shock !" which being interpreted means to say, “get along, old fellow, and make short work of her!" Old Shock, by the look of him, hardly wants the bidiling either. |