NOMINATIONS VOID BY DEATH.

Otago Witness, Issue 2399, 22 February 1900, Page 40

NOMINATIONS VOID BY DEATH.

Touching the questions of nominations being rendered void on death of the nominator, S am surprised, says '"Vigilrnt." to find Mr Corlett, whose writings are generally dictated by sound common sense, repeating the old argument that it would be unfair to other subscribers if the present rule did not hold good because the forfeits of the best horses onfy would be paid. Mr Corlett appears to think il'£>l executors would be able, if nominations were not void, to pick and clioose among the hor.-da of the rleceas?d. paying the forfeits ox some and letting others go, but of course nothing of the sort could be done. They would h»ve to settle for the lot, or the usual consoauenc'PS of ihe forfeit list would follow. They would, in fact, be irt exactly the c ame positioii »s an individual owner with no different riddle or liabilities They could, of course, k?11 the horses, and there might be buyers who would take some with their er.gageme* ts, while in regard to any others, it v/ould possibly prove worth tho while of buyci-b to pay up their forfeits in order to run them, but this would be a posi'ion exactly similar to that of a living ownei' who goes into the forfeit list. Anyone who buys his best hor«ja« can pay their forfeits and run them though the forfeits of the others are left unpaid. The Australian rule as to deceased nominalciT is absolutely siti?actory in its working, and there can be no reason against adopting it, while the great loss to the turf which the voiding of the Duke of Westminster's nominations has caysetl is a most weighty argument in its favour. Mr Corlstt makes a good point when he sug-gasts that nominations constitute a legal liability, for if that be so trustees and executors could pay them without hesitation, and I can see no reason whatever against ihe view that they constitute a genuine debt, though for some reason or other the forfeit l\ii is the only means used for their collection. Thf French plan of making entries in the font, of o promissory note might Fimpl'fy mritors. There is .unquestionably fcome valid cor -id era lion for the money to be pt'id, t^en if il only 1;p the publication of tho entry m tbe CfJcndar and the right to übb tLe racecourpe.