HL Deb 03 March 1840 vol 52 cc848-9
The Duke of Richmond

requested their Lordships to permit the first reading of a bill which had been rendered necessary by certain late transactions of a vexatious character. An act had been passed in 1740, which prohibited any person from running more than one horse in a race, or from running any horse otherwise than his own name. That act, up to the present time, had never been carried into effect. Neither, indeed, could it; because, if a person bought a horse under an engagement, it must run under that engagement, as a matter of course. Yet, according to that statute, the horse was forfeited, and the owner become liable to a penalty, The act was hardly known, indeed, until some very clever solicitor lately ferretted it out, and served notice of action upon six gentlemen under its provisions. Now, according to that law, the Member for a borough or county subscribing 10l. or 20l. to the races held there, was liable to a penalty, or any number of gentlemen entering for a sweepstakes. His late Majesty, who kept race-horses for the purpose of encouraging an amusement which all could enjoy, and of maintaining the breed of horses, frequently ran three horses in one race, and that in the name of the Master of the Horse. His Majesty, by doing so, was liable, under this act, to one of the penalties, and the forfeiture of the horses, and the Earl of Albermarle to another penalty. The act had clearly fallen into desuetude, and therefore he called on their Lordships to repeal it, since it could only be made use of to extort money from persons who were perfectly ignorant of its existence. The bill would go to repeal that part of the 13th of George II. which contained the enactments to which he had referred. He had adopted the precedents afforded by a bill brought into Parliament by Sir W. Follett some time ago, and another introduced last year by the Attorney-General, the one relating to pluralities, the other concerning newspapers, so that in the case of actions already instituted, the party might get his costs, but not recover the penalties.

Bill read a first time.