JOCKEY CLUB'S ACTION.

New Zealand Herald, Volume LXVI, Issue 20174, 7 February 1929, Page 9

JOCKEY CLUB'S ACTION.

FORFEITS RECOVERABLE.

RULING BY APPEAL COURT,

Australian and N.Z. Press Association. (Received February 6. 5.5 p.m.) LONDON, Feb. 5. The Court of Appeal allowed the appeal by the Jockey Club in a friendly action against the novelist, Mr. Edgar Wallace, to recover forfeits for void nominations for the Newmarket races, in which Mr. Wallace's horses did not run. The Master of the Rolls, Lord Hanworth, in giving judgment reversing the decision of Mr. Justice Clauson, said that horse-racing, in spite of certain icstiictions, was still a lawful pastime. If there were no other purpose in a contract than gaming and wagering it was void, but there was nothing that depended on gaming and wagering as betweeu the Jockey Club and Mr. Wallace. Therefore there would bo a declaration that Mr. Wallace was liable to pay the sums claimed. The decision has given the greatest satisfaction in racing circles since it establishes tlio principle that a forfeit incurred by an owner of a racehorse is a debt legally recoverable. It will probably have far-reaching consequences, including an alteration of the rules of racing regarding nominations being void, should an owner die before tho decision of a race for which his horse is entered.

Mr. Edgar Wallace in July last year won a friendly action brought by the Jockey Club to recover forfeits for void nominations for the Newmarket races, in which Mr. Wallace's horse did not run. Mr. Justice Clauson ruled that payment for the forfeits could not be enforced as the contracts were wagering contracts under the Gaming Act.