Rule 38.—Rank Between Distanced Horses.—Horses distanced in the first heat of a race shall be equal, but horses that are distanced in any subsequent heat shall rank as to each other in the order of the positions to which they were entitled at the start of the heat in which they were distanced.
Rule 39.—Time and its Record.—In every public race the time of each heat shall be accurately taken and placed in the record, and upon the decision of each heat the time thereof shall be publicly announced by the Judges, except as provided in these rules concerning those heats which are “not awarded to either of the leading horses.”
It shall be the duty of the Judges of the race to take the time as aforesaid, or to appoint some suitable person or persons to assist them in that respect, and no unofficial timing shall be announced or admitted to the record. [See also Rule 40.]
Rule 40.—Two Leading Horses to be Separately Timed.—The two leading horses shall be separately timed, and if the heat is awarded to either, his time only shall be announced and be a record.
In case of a dead heat, the time shall constitute a record for the horses making the dead heat; and if for any other cause the heat is not awarded to either of the leading horses, it shall be awarded to the next best horse, and no time shall be given out by the Judges or recorded against either horse; and the Judges may waive the application of the rule in regard to distance in that heat, except for foul riding or driving.
Rule 41.—Suppression of Time.—In any public race, if there shall be any intentional suppression or misrepresentation in either the record or the announcement of the time of any heat in the race, procured through any connivance, or collusive arrangement, or understanding between the proprietor or Judges or Timers and the owner of the winning horse or his driver or other authorized agent, it shall be deemed fraudulent. And any horse winning a heat or making a dead heat wherein there was such a fraudulent suppression of time, together with the parties implicated in the fraud, shall by operation of the rules be thenceforth expelled.
Rule 42.—A Public Race.—Any contest for purse, premium, stake, or wager, on any course, and in the presence of a Judge or Judges, shall constitute a public race.
Rule 43.—When Time Becomes a Bar.—Time made at fairs and on any track, whether short or not, shall constitute a bar, the same as if made over a track that was full measurement.
Rule 44.—When Time shall not be a Bar.—Time made under the saddle, as well as time made when two or more horses are harnessed together, shall constitute a record for races of the same character, but shall not be a bar for races of a different character.
Rule 45.—Complaints by Riders or Drivers.—All complaints by riders or drivers, of any foul riding or driving, or other misconduct, must be made at the termination of the heat, and before the rider or driver dismounts or leaves his vehicle.