GISBORNE APPEAL CASE.

Auckland Star, Volume XXIII, Issue 141, 15 June 1892, Page 5

GISBORNE APPEAL CASE.

$|' A RACING QUESTION. ' *

A peculiar case came before His Honor Mr Justice Couolly, at tho Supreme Courb this morning, in an action Munro v. Maude and others tor argument on appeal from a given by the Resident Magistrate "at Gisborne. Mr Thea Cooper appeared for the appellant and Mr'Ch'as. Buddie £or the- respondent;. This was an acbion broughb against the president, secrebray and treasurer of the Gisborne Racing Club to recover the sura of £25. The particulars of demand set oub (.1) bhab the plaintiff claimed to recover stakes upon a race won by the plaintiftty horso, and (2) in the alternative, tr-1 ~"-<;-<x £20, the price paid Co the .Racing Clri*r upon the s'a'e of the said hor?e, Boqky_ or R„'<u?, the said race being a selling race. There was noquestion raised bhab the horse had been entered"on an assumed name. The horse was cold by the stewards, and after the horse had been sold the stewards held an inquiry into the running and disqualified the horse for ever. The R.M. held that he had no power to review the decision of the stewards, and nonsuited the plaintiffs. Mr Cooper stated that the stewards nob only disqualified the horse and retained the stakes won by the horse, but they also had retained the money paid for the horse. He submitted that there were two points for consideration—(l) Whether the stewards had. acted in accordahca with their jurisdiction; and (2) supposing they had so acted, whether they were not bound to hand oyer, the whole of the .£4O received for the horse to the appellants.—lTis Honor gaveJudgmeut for the appellant, allowing the appeal and setting aside the non-suit with'co3tß. The plainbitf thus is entitled' to £20. •