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the person to whom it was previously due ; and if he should be compelled by the Laws of Racing to pay any forfeit, which had not yet been put upon the List, he may, after paying the amount of the forfeit, have it put upon the Forfeit List in the usual manner, as due to himself.
34. If any bet shall be made from signal or indication, after the race has been determined, such bet shall be considered as fraudulent and void, and shall not be paid. And if any servant belonging to a member of this society shall be found to have betted from any such signal, or shall be concerned in making any such signal, he shall be dismissed from his service, and no further employed by any member of this society.
35. All stakes and bets, whether expressed to be in guineas or pounds, shall be paid in pounds sterling.
36. All double bets shall be considered as play or pay bets.
37. All bets depending between any two horses shall be void if those horses become the property of the same person, or of his avowed confederate, subsequently to the bets being made.
38. All bets between particular horses shall be void if neither of them happen to be the winner, unless agreed by the parties to the contrary.
39. If a match or sweepstakes be made for any particular day in any race-week, and the parties agree to change the day to any other in the same week, all bets must stand ; but if the parties agree to run the race in a different week, all bets made before the alteration shall be void.
40. When the riders of any horses brought out to run for any race are called upon by the person appointed to start them, to take their places for that purpose, the owner of every horse which comes up to the post shall be considered as liable to pay his whole stake, and all bets respecting such horses shall be considered as play or pay bets.
41. When any better has been adjudged to be a defaulter, by the Stewards of the Jockey Club, notice shall be given to him that he will not be permitted any longer to come into the Coffee-room yard at Newmarket, nor upon the Race Course there, until it shall have been certified to the Keeper of the Match-book, by his several creditors, that their claims have been satisfied; and if after such notice he should disregard the prohibition, it shall be enforced against him by the usual legal process ; at the expiration of the Spring and October Meetings, the names of such defaulters shall be communicated to Messrs Tattersall, in order that they may also be excluded from the Betting-room in their yard.
The Stewards of the Jockey Club will not entertain any claim emanating from a person who has received the above-named notice, until the claims upon him shall be certified to have been discharged.
Trials. 42. No person shall try the horse, &c. of any other person than his declared confederate, without giving notice of such trial by inscribing the name or proper description of the horse, &c. tried, and the name of his owner, in the Trial-book kept at the Coffeeroom, Newmarket, within one hour after the trial has taken place, or by nine o'clock in the morning, in case the trial shall have taken place at an earlier hour; and the hour of running such trial, and also the hour of making the entry, shall be noted in the Trial-book. And in case any trial shall not be entered, the groom having the care of the horse running with the trial horse, and being present at the trial, or if not present, then the owner of any horse running with such trial horse shall forfeit and pay to the Stewards of the Jockey Club the penalty or sum of 10% for every such offence ; but the Stewards shall have the power to mitigate such penalty to not less than 5l. in case it shall fall upon any groom.
43. Every bet made upon or against any horse running in a trial, between the time of such trial and the entering it in the Trial-book', whether it be entered within the time prescribed or not, shall be void.
44. Every engagement made with any horse, &c. running in a trial between the time of such trial and the entering of it in the Trial-book, whether it be entered within the time prescribed or not, shall not be run, but the owner of such tried horse shall be considered as having declared forfeit, and be liable to pay the forfeit accordingly, unless his opponents, or any of them, shall desire to hold him to his engagement. And in case any horse so tried shall have started for and won any race made subsequently to the trial, and before the entry of it in the Trial-book, his owner shall not be entitled to the stake so won ; and in case he shall have actually received it, he shall pay it back into the hands of the stake-holder, who shall pay it over to the owner of the second horse, or, in case of a match, shall pay it over to the owner of the beaten horse ; but if such horse shall have lost such race, his owner shall not be entitled to claim or to be repaid his stake or deposit for such race ; and in those cases such disqualification shall attach to the horse, without regard to any change of the property in him; and if, with respect to the disqualification, there shall be any difficulty in ascertaining the horse or horses tried, the owner of the horse or horses so tried shall be bound, on the request of the Stewards, to declare to them which of his horses ran in such trial, and in case be shall decline so to do, the Stewards shall have the power to fix the disqualification upon any one or more of the horscs of such owner at their option.
45. No notice of trial shall be required, where the trial is run at a greater distance than twenty-five miles from Newmarket.
46. The day, with respect to the engaging of the ground for trials, shall be divided into three periods; that is, previously to eight o'clock in the morning, from one to half past three in the afternoon, and after half-past three in the afternoon, from the first day of the Craven Meeting to the end of the Houghton Meeting ; during the rest of the year the first period extends to nine o'clock in the morning. No trainer shall have the ground for trying horses more than one morning and one portion of the afternoon in the same week, and trainers having less than ten horses shall be allowed to have the ground only for one period of time.
47. Notice for engaging the ground shall, at least one day before the day it is used, be entered in a book to be kept for that purpose at the Coffee-room in Newmarket. And no notice or warning shall be deemed sufficient unless given as before directed.
48. If any person shall be detected in watching a trial, or shall be proved to have employed any person to watch a trial, he shall be served with notice to keep off the heath ; and if in the employment of any member of the Club, or of any groom or rider employed by any member of the Club, he shall be dismissed from his service, and not again employed.
The Cup and Whip. 49. The Cup may be challenged for on the Monday or Tuesday in the first Spring Meeting in each year ; to be run for over the B. C. on Tuesday in the First October Meeting following, by horses, &c. the property of members of the Jockey Club ; four years old carrying 8st. 7 ib. five years old, 9st. 2īb. six years old and aged, 9st. 6 lb. Each person, at the time of challenging, is to subscribe his name to a paper to be hung up in the Coffee-room at Newmarket, and deliver to the Keeper of the Match-book the name or description of the horse, &c. sealed up, which shall be kept till six o'clock on the Saturday evening of that week ; and if not accepted, or only one challenger, to be returned unopened ; but if ac. cepted, or if more than one challenger, to be then opened and declared a match or sweepstakes for 200 sov. each, play or pay. If the challenge be not accepted, the Cup to be delivered to the Keeper of the Match-book, in the Meeting ensuing the challenge, for the person who may become entitled to the same.
50. The Whip may be challenged for on the Tuesday or Wednesday in the Second Spring, or on Monday or Tuesday in the Second October Meeting in each year, and the acceptance must be signified,
or the Whip resigned, before the end of the same Meeting. If challenged for and accepted in the Spring, to be run for on the Tuesday in the Second October Meeting following; and if in the October, on the Thursday in the Second Spring Meeting following, B.C., weight 10st. and to stake 200 sov. each, play or pay.
The £l per cent. Plates. 51. The stake-holder shall deduct 1l. per cent. upon all sums won at Newmarket in sweepstakes or matches, where the clear sum to be received by the winner, over and above his own stake, shall amount to 100l. or more (unless the winner shall object to allowing such deduction to be made), and the money so raised shall be disposed of in the following manner ; viz.
Two handicap plates of 100l. each, for four, five, six years old, and aged horses, shall be annually given to be run for ; one in the Second October Meeting, A. F., and the other in the Houghton Meeting, from the D.I. And if any horse-keeper shall object to contribute to the above fund, he will not be allowed to start a horse for either of those plates.
The Stake-holder at Newmarket. 52. The stake-holder, at Newmarket, shall be allowed to retain, out of the stakes in his hands, the following fees, for his trouble ; viz.
For every match, one pound.
For every subscription or sweepstakes, where the whole stake exceeds 1001. and does not amount to 1000l., two pounds.
For every sweepstakes, where the whole stake amounts to 1000l. or upwards, five pounds.
Relating to other Matters not before specified. 53. If for any plate, sweepstakes, or subscription, the first two horses shall come in so near together that the Judge shall not be able to decide which won, those two horses shall run for such prize over again, half an hour after the last race on the same day; the other horses which started shall be deemed losers, and be entitled to their respective places, as if the race had been finally determined the first time.
54. Every person who shall ride for a race at Newmarket shall be weighed immediately after the same, and shall be allowed 21b. above the weight specified for his horse to carry, and no more, unless the weight he actually rode be declared as the weight he intended to ride ; and if any horse shall carry more than 2tb. above his weight without a declaration having been made by the jockey or the owner of the horse, or by his servant, to the Steward or Keeper of the Match-book at least one hour before the time fixed for the first race of the day, then such horse shall not be considered the winner of the race, even though he should come in first, but shall be placed as the last horse in the race, and his owner shall pay the stake as for a beaten horse ; and whether the horse comes in first or not the jockey shall be fined 5l. for his neglect, and shall not be allowed to ride in a public race at Newmarket until the said fine be paid.
55. The person appointed by the Stewards to weigh the jockies, shall, immediately after each day's race, report to the Keeper of the Match-book how much each horse carried, where he carried more than 2 ib. above the specified weight. And the Keeper of the Match-book is, as soon after as may be, to communicate such report to the Stewards, or one of them. And the weight each horse actually carried, if more than 2 lb. above his weight, shall be published in the first list printed after the race, and also in the account published in the Racing Calendar.
56. Every groom shall have his horse at the post, ready to start, within five minutes of the time appointed by the Stewards. And every jockey is to be there, ready to start, within the same time. And every groom and jockey making default herein shall forfeit 5l., to be paid to the Keeper of the Match-book, and by him accounted for to the Stewards.
57. The person appointed to start the horses shall mark in his list the time when the horses in each race actually started ; and if there have been any false starts, the first of them shall be considered as the time of starting for that race. And he shall make a report thereof to the Keeper of the Match-book in the afternoon of the day the races are run. And if any delay beyond the allowed time shall have taken place, he shall state by whom, or by what cause, the delay was occasioned. He shall regulate his watch by the Coffee-room clock, which shall be considered as the true time for this purpose.
The person appointed to start the horses has authority to order the jockies to draw up in a line as far behind the starting-post as he may think necessary ; and any jockey disobeying the orders of the starter, or taking any unfair advantage, shall be liable to be fined in such sum, not exceeding 51., as the Stewards of the Jockey Club may think fit to inflict.
58. If any horse, &c. intended to be entered for any plate or subscription, where entrance is required, shall be engaged to run on