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Turf Laws

race, run, winner and time

TURF LAWS. The laws concerning the ancient pastime of horse-racing are sub divided into those affecting races, wagers, and betting-houses, for which last, see BET TING. 1. As to racing, it has sometimes been populaily believed that the public have a right to trespass on lands to attend or to hold races; but no such right exists. Hence the stewards or persons intrusted with the management and possession of the land for the time have a right, which is seldom enforced, to turn off any person they please from the grounds. A sweepstakes is a stake or fund, for which at least three entrances must be made, and the whole stake becomes, under certain regulations, the property of the winner. Many of the great races are not run within a year front the time the horses are entered. The owner of a horse entered can withdraw or " scratch " hint before the race is run. When the race is run, the successful party may sue for the amount of the stakes; and if the race is not run, or cannot be run, each subscriber may sue for recovery of his contribution; but no one can obtain his contribution, or counter mand it, till the event has happened, for a sweepstakes is a legal contract to abide the result. If the stakes are contributed for an illegal game, it is otherwise; and before the stakes have been paid away, any contributor may sue for and recover his deposit ; but he ought also formally to demand it back. The stewards are the proper parties to

decide all disputes about the.fairness of a race, and their award is binding: if they can not agree, then it will fall In be decided by a jury. It is no legal objection to their award, that one of them is interested in the decision, for this is considered partly una voidable, and within the knowledge of all parties as a probable event. If there are three stewards, the decision of the majority is binding.-2. As to wagers, It was not illegal at common law to enter into a wager, if the subject-matter was not injurious to inortility or decency; and hence the bet could be recovered by action, and betting on a race is still legal to any extent. But by the act 8 and 9 Viet. c. 109, s. 15, all wagers were declared void, except as regards subscriptions of money or plate to he awarded to the winner of a lawful game, sport, pastime, or exercise. If one makes a wager on a race, he may retract it at any time before the event comes off, and require the money, if deposited, to be repaid; and no wager can lie tried in any court of law or equity, so that the winner cannot compel payment. It is merely a debt of honor,