LIABILITY OF JOCKEY.

New Zealand Herald, Volume LIX, Issue 18077, 29 April 1922, Page 12

LIABILITY OF JOCKEY.

—,—.» —■ OLAIM BY ASSOCIATION. HEARING OF APPEAL. An appeal by the New Zealand Jockeys' Association (Mr. Holmden) against the decision of Mr. J, X Wilson, S.M., in its claim against George Young, jockey (Mr. Goulding), for £41 membership fees, was heard by Mr. Justice Hordman in the Supreme Court yesterday. It was stated the magistrate dismissed the claim on the ground that as the defendant was a minor, the only contracts enforceable against him were for necessaries and membership, and the plaintiff association was not a necessary to him. Mr. Holmden contended that the contract being one that affected the minor beneficially, was a necessary. The magistrate had said he was satisfied the association was for the benefit of its members. " Mr. Goulding submitted that no infant who was a member of a friendly society or a trades union was, apart from statute law, bound by membership to pay his fees. There was no provision for minors in the Incorporated Societies Act under which the association was affiliated. The defendant received no material benefit from the association. The rule providing for payment of 5 per cent, on riding fees was a penalty, because the more successful a, jockey was the: worse off he was financially. His Honor ssked what the obligations of the association were, and Mr. Colliding replied that there were none. There were only a number of pious objects which, if achieved, would result in a kind of Utopia. Mr. Holmden said tie objects must bo K\d as a contract, and members had a legal remedy in case of no attempt being made to carry them out. He denied that the scale of' contribution was a penalty, saying that a jockey contributed according to his earnings. His Honor (smiling) s That is not taking into consideration what he got from bookmakers. Judgment was reserved.