78 WARRANTY OF 



upon trial of one you put him to that pace without the 

 consent of the owner, in such case, should any accident 

 or subsequent illness occur or be presumed to occur 

 to the horse as the result of the trial, you may be 

 made to take him at the price agreed upon before start- 

 ing (and a price should be always agreed upon), or 

 you may be made to pay the damage done to him, 

 should the owner feel disposed to compel you so to do. 

 It may seem inconsistent that you should not be 

 permitted to risk accidents, with penalty for their 

 occurrence, by trying a horse at the full speed he should 

 go as one of his class ; but as there may be so many 

 interpretations put upon what is a just and what an 

 unjust trial, it is best to have with you at the time the 

 owner or his servant ; for if you took the horse further 

 than you were authorized to do by the owner, if you 

 drove it faster, or took it over a different road than the 

 one stipulated, and did this in the absence of the owner or 

 his representative, you would have to pay the cost of 

 any damage done to the animal; but not so if the 

 owner were with you, and he made no objection to your 

 methods of operation. 



Again, if you state that you want a saddle-horse, 

 and receive such an one, but instead of using him for 

 the saddle, you try him in harness ; for any accidents 

 accruing therefrom you will be liable ; so that if you 

 only mark him with the collar, or in any other trifling 

 way, nay, should you rub off a few hairs so as to interfere 



