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"agricultural Horse-trots."

"agricultural Horse-trots." image
Parent Issue
Public Domain
OCR Text

The following decisión made by tho Supreme Court of this State on tho lOth inst. - unanimously concurred in by all tho judges - will be found interesting to managers of agricultural sociotics, and to fast horsemen in whese interest such societies havo largely been run : The Bronson Agricultural and Breeders' Association vs. Ira L. Ramsdell ; error to Brannh Circuit. Opinión by Christianey, Ch. J.: Plaintiff in error is a Corporation organized under chapter 54, Compiled Laws of the act of Maren 23d, 1807. By section 4 the purposes of sueh organizations are declared to bo "to promoto tho interests of agriculture, horticulture, and the mechanic arts," and it is declared that tho association authorized may "hold fairs and exhibitions, and may distribute premiums tbr tho best and most moritorious animáis or articles oxhibited in their several departraents, as shall be by their laws and regulations provided." By plaintiff in error's articles of association " the particular businoss and objects of the society " are declared to bo " to advance the interests of agriculture and improveinent in the bloeding and training of horsos and other animáis." September 7th, 8th, 9th and lOth, 1870, what has beon called an " exhibition or horse fair" of this assoeiation was held for the purpose of testing tho speed of horses by trotting or running, at which, by the regulatious and by-laws, cortain specified premiums were to be paid to tho owners of tho respectivo horses running or trotting tho race. Theso premiums were raised by requiring ten per cent. of tho same to be paid in by tho owner of each horse entered for the race, and by charges for the admission of spectators to the grounds for viowing tho races, such races boing deeided as in ordinary horse Ramsdell entered a horse to compete for one of the premiums in a trotting race, paying in his 10 per cent. of such premium, and upon the race being had nis horse wou one of the spocific premiums, which was awarded to hün in accordance with the rules and regulations of the association, and a part of it paid down in cash, and for the balance, $100, an order or draft was drawn in his favor upon the Troasurer of the association, Bigned by the President and countersigned by the Secretary, according to the by-laws and rules of the association. This ordor the Treasurer refusod to puy, and for its non-payment this action was brought, and judgment was rendered in his favor in the court below. The court bolow ruled that the facts did not show a violation of ohapter 40 of the Revised Statutes of 18-16. Held, That the raciug of thejiorses alluded to under the regulations of this association, and the premiums giveu to tho owner of tho winning horse, as well as the mode of raising that premium, eame directly within the expross prohibition of this statute. JIM, That the act of 1855, as amended ia 18 o, does not expressly repoal any of the provisions of chapter 40 above cited, and that it is not wituin the meaning of section first of that chapter a " qicciul law expressly allowing" the raciug or other proceedings there prohibited, and that the Legislature never contemplated theroby any repeal of the provisions of that chapter. No right of action was therefore shown by the facts found, and the judgment must be reversed and a new irial ordered.


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Michigan Argus