APPENDIX. 175 



time of sale, then warranty or no warranty, the sale is 

 rescinded. 



If the plaintiff recovers less than ^20 he must take care to 

 ask the Judge for his costs and his witnesses' expenses. 



A recover}' of £20 or over carries costs . 



The plaintiff will learn the day and hour of hearing from 

 the officers at the Court when he goes to enter his case. 



The defendant may try to get out of it by declaring that 

 the horse was sound and free from vice at the time of sale. 



Again, he may deny warranty, and will be most likely to do 

 so when no written warranty has been given. 



Or he may put questions to the plaintiff before the Court. 

 If the sum be over ;^20, either party has a right to put 

 questions to the other before the Court. Should defendant 

 employ a solicitor the plaintiff need not expect extra danger 

 or embarrassment provided he keep his temper and be not 

 too anxious. 



Finally, the plaintiff ought to bear in mind that after he 

 and his witnesses have told the Court their version of the 

 affair, they will he followed by the defendant and his wit- 

 nesses. This ought to be ever present in the mind of the 

 plaintiff, so that he and his witnesses may give evidence, of 

 the ti?ne, place, and ch-nmistaiice of everything having the 

 least bearing on the case. 



VIII. TRIAL AT ASSIZES. 



Subpoenas, Fact, Opinion. 



It need hardly be observed that every witness is bound 

 to obey a subpoena, when with it his reasonable ex- 

 penses for the journey, etc., are tendered to him, but 

 he is not bound to attend at the trial except upon a 

 subpoena. There are some questions connected with 



