An Act to restrain and prevent the Excessive Increase of Horse Races

The full title of this Act of 1740 is An Act to restrain and prevent the Excessive Increase of Horse Races: and for amending an act made in the last session of Parliament intitled [sic] 'An Act for the more effectual preventing of excessive and deceitful gaming.'

The Act legalised races where owners entered their own horses in races for prizes of £50 and above. The Act intended to restrict racing to wealthy owners who were likely to have the resources to compete by breeding better horses.

By 1739, the rapid expansion of horse racing had begun to worry the government, and the Act of that year included provisions for the restriction of the growth of the activity. Such was the demand for racing and low-stakes gambling that by 1722, over 122 towns and cities were holding race meetings. The Act stated:

'the Great Number of Horse Races for Small Plates, Prizes or Sums of Money, have contributed very much to the Encouragement of Idleness, to the Impoverishment of the meaner Sort of Subjects of the Kingdom'

Racing at Newmarket 1740

The Act of 1740 was one of the first attempts by the aristocracy to keep horse racing the preserve of the rich. Public interest in the sport had removed the cachet of it for the rich and reduced prize levels significantly. This Act's insistence that every race would have to have an entrance fee and a prize of £50, enough to disqualify a large proportion of would-be racehorse owners from entering their horses.

The Act was to prove wholly ineffective, and illegal race meetings were held regularly. Nothing could stop the public's desire for horse racing.