The Ownership of Racehorses.

Hastings Standard, Issue 96, 17 August 1896, Page 4

The Ownership of Racehorses.

[By - Arorp. " i.v the X.Z. Mail/ It has at times been difficult to prove the ownership of a racehorse. When Brooklet won the Wellington Cap at the Wellington Racing Club's Summer Meeting, it will be remembered that Mr R. Allen, owner of Saracen-, who ran second, protested against Mr W. f>... jl. -. n whose name Brooklet itc 1, i\u .ving the stakes on the grounds that the person who nominated Brooklet (Mr T. Quinlivan) had .scratched the mare, and that therefore she was not eligible to start. The protect wis considered by the stewards and di-allowed. The action which Mr yumlivan had then commenced again-t Mr W. Douglas, in which the stakes won by Brooklet was part of the claim, decided in favor of the plaintiff for more than the amount of the Wellington Cup stake, the possession of another horse or its value. A somewhat vmilar case, -o f.ir as present result-, -how, c -op { * d up at the Canterbury Jockey Clubs Spring Meeting-. A horse named The Artist, entered K Mrs L. M. Cr?;.imjnu. won the Metropolitan Stake-, and a protest was entered by the owner of the second horse against The Artist receiving the stakes on the grounds that his reputed owner, Mr S. M. Baker, was on the Victoria Racing Club's forfeit list at the time of nomination. The question to be decided was whether The Artist, when nominated for his C.J.C. engagements, including the Metropolitan Handicap, was owned or partly owned by a person in the forfeit list," When the case came up for decision, sworn declarations were made by persons connected with The Artist, and the protest lodged by the owner of the second horse was disallowed. Last week's Mail save particulars of Mr S. M. Baker s bankruptcy, in which Mrs E. M. Cramond appeared as the principal creditor to the amount of £217. At a meeting of creditors last week, Mr Baker stated that The Artist belonged to Mrs Cramond, but was leased by him and in his possession. It was leased for one year in April last on the terms that he was to pay a third of the gross earnings to Mrs Cramond. The horse originally belonged to debtor, but in 1898 he transferred it to Mrs Cramond in consideration of certain moneys, about £IOO, he owed her. Mrs Cramond had been for some time and was still his housekeeper. The lease of tfie horse was not registered, neither was the

transfer registered. The Artist won two races in October, 1895, in Wanganai. Mrs Cramond received the cheque from the Jockey Club and handed it to debtor, who paid it into his own account. It was decided "that the Deputy-Official Assignee be requested to demand from the debtor possession of the horse, the Artist, and that, in the event of a refusal, the DeputyOfficial Assignee be instructed to take such proceedings for the recovery of the horse as he may be advised." After the above decision, I presume Mrs Craniond's claim will not be recognised. This will further reduce fee liabilities to *MO4 18s sd, and the assets, estimated at £I6OO, will be increased by the value of The Artist, making the estate likely to produce much more than 20s in the pound. ' The valne of the Metropolian Stakes was *.£BBo, besides which there was a total of £3417 invested in the totalisa- ; tor, Wiu* (be nine of the sworn i ■MJySAMtes&r '.j .vj •

declarations was will perhaps never be accurately known, but Mr Reid's loss would perhaps be a heavy one. It was most unfortunate for him that the present state of affairs did not eventuate some few months previously. In the event of any surplus over and above those in the statement made, would not the Victoria Racing Clubs, or any other racing body, be able to claim any amounts due by Mr Baker"? And would not the Canterbury Jockey Club, iu the event of legal advice that they can recover the stake, be doing justice to the owner of Skirmisher by rt'C'iving" the amount and handing it over to him. •