The Case Of Jolly Roger., Daily Racing Form, 1898-10-11


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THE CASE OF JOLLY ROGER Under an interpretation of the rules the colt Jolly Roger was not permitted to start for the Stallion Stakes at Hawthorne last Saturday This feature of the race has been commented upon in spiteful and unfair terms by writers hostile to the track management The officials who decided the case make the following pre ¬ sentation sanitation of their ground of action actionIn auctioning In declaring the colt Jolly Roger inolligi ineligible ble able for the Stallion Stakes owing to his hav have ¬ ing King been claimed out of a selling race the judges simply did so in accordance with the rules governing same samePrevious semiprecious Previous to the years 1893 or 1893 the rule read Engagements do not go with a horse bought or claimed out of a selling race except with the written consent of the owner The rule was amended subsequently and the privi privies ¬ lege ledge of transferring the engagement by the owner was annulled annulledThe annulled The intent of the amended rule was that with the sale or claim as above all engage ¬ ments aments became null and void that owners virtu virtue ¬ ally made a conditional declaration when they entered a horse having stake engagements in a selling race Should it become necessary how ¬ ever in case of an appeal in any future event there will be no trouble to prove the above interpretation by members of the congress pres Ypres ¬ ent Kent at the meeting when the rule in question was changed changedForfeits changed Forfeits in any case follow the horse and it only looks equitable the engagements should either go with the horse or else become null and void Were the owner to retain the power of transfer he virtually retains a mortgage on the horse and gives the purchaser or claimant THE CASE OF JOLLY ROGER Continued from 1st Page in a selling race no power to prevent the accu acc ¬ mulation emulation of forfeits forfeitsIn forfeiting In the case of Jolly Roger the former and present owners of the colt got together and in consideration of the transfer of the engage ¬ ment meant Mr Griffin the former owner was to get 25 per cent of the stakes if the colt won

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