UNLICENSED JOCKEYS.

Otago Daily Times, Issue 10018, 9 April 1894, Page 3

UNLICENSED JOCKEYS.

Recently Mr A. Lynch, owner of the racehorse Raven sued the Kumara Racing Club for £15, tbe value of the stake given for the second clay's hurdle race at the Christmas meeting. This race was won by Blackmore's Freeborn, Raven being sacond. Mr Lynch entered a Verbal protest on the grounds that Freeborn was ridden by au unlicensed jockey, and demanded tiie Btakes. The protest was disallowed by the stewards, and on appeal boicg made to the Metropolitan Club, their action was sustained. After detailing the facts proved, and arguments adduced by counsel for both aides, Mr Stratford, S.M., gaye (the Inangahua Herald reports) the following judgment :— "On the facts proved I am pf opinion that the Enmara Racing Clnb has permitted an irregular proceeding which has .caused this action. In default of a writteu protest they should have forthwith returned the deposit of £2 to the plaintiff, but they have waived his laches by retaining his money and deciding his objection, and thus legalised his appeal, but there is no question as to the bona fides of the stewards, and their decision on' matters of fact are final and conclusive, but subject to appeal to the Metropolitan Clnb ns far as relates to points involving interpretation of the 'rules, as in this case. And it'is proved that the Greymouth Jockey Club, on appeal, has decided that the words, ' only the holders of such licenses—meaning jockeys' licenses—thall be qualified to ride under.the rnles of racing,' to mean that if a jockey has not a jockey's license he ia disqualified under racing rule 167 a; and that this decision of the Metropolitan Club overruled that of the stewards of the Kumara Racing Club, and cannot be questioned in any court of law; and if tho money had not been paid to Mr E. Blackmore before the objection had been sustained by the Metropolitan Club, the plaintiff would have been entitled to a judgment, but aB the stewards had paid it away before the decision on appeal bad been given tho action cannot prevail against them as they, under Buch circumstances, are protected by the provisions of racing rule 142. Ifc appears to me that the Greymouth Jockey Club h»s stultified itself in the face of racing rule 22 by approving of rule 4 on the Kumara Raoing Club programme, and then declaring it nnll and void by entertaining an appeal. As racing rule No. 142 in this case relieves the defendants ot all responsibility, they having parted with the stakes before the plaintiff's objection had been sustained by the Metropolitan Clnb, the plaintiff, in my opinion, must be nonsuited, and is nonsuited accordingly, each party to pay their own costs."

A Christchurch telegram says thafc the Polo Club held its annual sports at the Riccarton racecourse on Saturday. The weather was fine, and the attendance very large. The Poll Cap was won by G. M. Buckley's Banjo, E D. O'Rorke's Salvator being 6econd, and W. Bnckley's Mallowi'ake third.

A friendly and exciting game of cricket was played on the Oval on Saturday between the players who represented the firm of Bing, Harris, and Co. against Sargood, Eon, and Ewen and the non-players in the firm's employ, tho majority of whom had nofc handled a bat for many years. Tho match ended in a victory for the non-players by a small majority of 5 runs, their total being 73 to their opponents' 68. Howison (12), Cole (12), King (10), and Smith (10, not out) batted very well for the winners; while Low (46, not out) and Gregg (13) made the runs for the players. Howison and Rutherford bowled splendidly for the winners, and Low and Kinvig did likewise for the losers. A dingey race was rowed at Port Chalmers on Saturday afternoon for a trophy valued at £1 between R. Douglas and T. Pope, and resulted in a win for the former by three lengths.