Case 1
A bids out of turn. Y and Z consult as to whether they shall allow the declaration to stand or demand a new deal. B claims that, by reason of the consultation, the right to enforce a penalty is lost.
Decision
Rule 49 does not prohibit consultation. It provides that "either adversary may demand a new deal or allow the declaration to stand." This obviously only means that the decision first made by either shall be final. The old law prohibiting consultation has been stricken from the code, and the action seems wise, as such a question as, "Will you enforce the penalty, or shall I?" is really a consultation, and consequently an evasion of the law.
There does not seem to be any sound reason for preventing partners entitled to a penalty or choice of penalties from consulting, and as the laws at present stand, there is unquestionably nothing prohibiting it.
B's claim, therefore, is not allowed.
Case 2
A bids two Hearts, Y bids two Diamonds,—B demands that the Y declaration be made sufficient. Y says, "I correct my declaration to three Diamonds." B passes, Z bids three No-trumps. A claims that Z has no right to bid.
Decision
Law 50 provides that "in case of an insufficient declaration ... the partner is debarred from making any further declaration." This exactly covers the case in question. True it is that Law 52 provides that, prior to the next player passing, declaring, or doubling, a declaration inadvertently made may be corrected. The obvious intent of this law is that it shall apply when a player says, "Two Diamonds—I mean, three Diamonds"; or, "Two Spades—I mean two Royals"; and that such correction shall be allowed without penalty if the declaration has really been inadvertently made and neither adversary has taken any action whatever. We interpret 52 by reading into it the additional words, "or either adversary calls attention to the insufficient declaration." The construction put upon 52 by Y would result in nullifying a most important part of 50.