#### Farrell vs. Patteson.

A CTION'for money won upon a race. — -And on the trial it appeared that Farrell was to run with some horse in the county of Franklin, and owned by persons in Franklin ; the race was to be run on the seventh day of the month, and on that day the writ issued, as appeared by its endorsement. The horse which he ran over the ground was one in the county, of Franklin, but one of his owners, there being two, resided in Franklin, the other in Warren»

*363 Et per curiam.

If die agreement be to run at A’s quarter paths, the plaintiff need not prove lie actually did run a quarter, but that he ran at such paths is enough ; otherwise it is if the agreement be to run one quarter of a mile at such paths. If the writ be issued on. the day of the race the plaintiff must prove it issued after the race. As to the owners of the horse, he ought to have been owned wholly by persons in the county of Franklin. Thirdly, if the articles are not play or pay, and defendant refused to run, the piaintiff is entitled to one half the sum betted. — * Hut if the articles be play or pay, the plaintiff shall recover the whole sum betted. Fourthly, it ought to be proved that the plaintiff’s horse carried through the paths the Weights he received at the starting poles.