174 APPENDIX. 



Arrived at the Court a plaint-note is produced which is to 

 be filled up. The two copies of his claims are taken by the 

 officers of the Court, who send one copy to the defendant 

 along with the summons, and the other copy they pin to the 

 plaint-note, which is for the use of the Judge. Whilst at the 

 Court he should give his opponent notice to produce all docu- 

 ments or letters which may have been sent to him having 

 bearing on the case in hand. Again, whilst at the Court he 

 must direct the officers to issue subpoenas to any witness or 

 witnesses he may require, whom he has reason to think 

 would not come forward without being legally obliged to 

 do so. The Court's officers serve the subpoenas. 



When a written warranty can be produced, expressed in 

 proper terms, no witnesses need be summoned. If the 

 warranty was by word of mouth, all hearing it should be 

 summoned, to bear witness as to the words used ; also that the 

 words amounting to warranty were used before the bargain 

 was struck. The exact words used ought, as far as possible, 

 to be called to remembrance, which is, as a rule, easily done. 

 Great care must be taken to give the words as they occurred 

 — that is to say, not to add anything on the one hand or 

 leave out anything on the other. In all cases of unsound- 

 ness a veterinary surgeon ought to be employed to examine 

 the horse, and he will have to give his evidence in Court — 

 his certificate alone will not do, as the writer is not present, 

 and therefore cannot be cross-examined upon it. Should, 

 however, the case be one of vice, then almost any one with 

 common sense can enter the witness-box — indeed, veterina- 

 rians are here seldom called for. 



Much trouble can be saved ^^dlen the purchaser can bring 

 proof that the vendor knew at the time of sale that the horse 

 was unsound or vicious. The case then turns on a question 

 of fraud or no fraud. If fraud can be thus proved to have 

 taken place — that is to say, if it can be proved that the 

 seller knew that the horse was unsound or vicious at the 



