Rules of racing are evidence.
In construing an agreement, the Court will look at the Rules of Racing or other the conditions of the race,[[217]] |Agreement requires stamp.| but it seems that any sporting agreement should be stamped before the Court can look at it.[[218]]
Starter when requisite.
Thus in Carr v. Martinson (sup. p. 76) the Court held on the construction of the agreement that the presence of a starter was necessary before the race could properly be run at all. By the Jockey Club Rules the horses must be started by the official starter or his authorised substitute.
Parties can waive conditions.
The parties can, of course, waive any of the conditions of the race by mutual consent or acquiescence, as was done in Dines v. Woolf;[[219]] or any party can without the consent of the others waive a condition which tells solely for his benefit. In Evans v. Sumner (35 J.P. 761), the plaintiff sued the stakeholder for the stakes. An objection had been lodged against the plaintiff as winner on the ground of his being on the unpaid forfeit list, but the objection was, according both to the local rules and the Newmarket Rules, lodged too late. The plaintiff appeared before the stewards and did not raise the point as to time, and the objection was sustained. Held, that he could not now set up the point, as he waived the benefit of the rule, which under the circumstances told solely in his favour. Quis que renunciare potest, &c., &c.
Qy. in case of a Plate or “added money.”
At least this would appear to be the case so far as regards the authority of the stakeholder to pay over mere stakes to the winner; the waiver of the competitors who have subscribed them would be sufficient. But in the case of a Plate, or where there is “added money” (ante pp. 73 and 74) contributed by an outsider, the consent of such person or persons would be necessary before any of the conditions could be waived. Compare with this suggestion Rule of Racing 143, which provides that in a sweepstakes the competitors may waive a walk over, but in a Plate the consent of the Stewards is necessary.
Stewards’ liability.
A steward, being an unpaid official, is not liable for negligence in not appointing a judge,[[220]] nor, semble, could he be responsible for the default of the stakeholder unless he knowingly appointed an unfit person.