APPENDIX. 241 



II.— CLAUSE IX A SHERIFF COURT PETITIOX FOR A 

 JUDICIAL WARRANT TO SELL, 



(a.) An unpaid horse at the seller's instance. 



" To Grant warrant to any licensed auctioneer to sell by public roup 

 the bay horse referred to in the said condescendence, and to apply the 

 proceeds of sale in payment j^ro tanto — (1) of the expenses thereof, 

 and of the horse's keep and of process, and (2) of the sum of forty- 

 five pounds : to Reserve all action competent to the pursuer for the 

 balance of said sum and expenses, and to the defender his defences as 

 accords : and to Find him liable in expenses in the event of his 

 offering opposition hereto." 



The condescendence sets forth the sale, the price, the refusal to 

 take delivery, and the expediency of present sale. 



Plea in Law : — " The defender having purchased said horse but 

 having refused to take delivery of it, warrant ought to be granted for 

 its sale as craved." 



{h.) An unpaid horse at the buyer's instance : — 



" To Grant warrant to A.B., auctioneer, Edinburgh {or any licensed 

 auctioneer), to sell by public roup the brown cob, put by the pursuer 

 into the custody of CD., livery stable keepers, Edinburgh, on [date], 

 and which is presently in their custody : and to Appoint the proceeds 

 of sale after deducting the expenses thereof, and of the horse's keep 

 and of process, to be consigned with the clerk of court, to abide the 

 orders of court ; and to Find the defender liable in expenses in the 

 event of his offering opposition hereto." 



The condescendence sets forth the sale, with its conditions and 

 warranty [if any), the trial, the fact of horse's unsoundness, and of 

 its having been tendered back, the seller's refusal to accept it, and 

 its consequent removal to livery, and the expediency of present sale. 



Plea in Law : — " The said horse having been rejected by the 

 pursuer as disconform to warranty, but the defender having refused 

 to take it back, the pursuer is entitled to have it sold under authority 

 of court for behoof of whom it may concern." 



(c.) Of a paid horse at the buyer's instance : — 



"To Grant warrant, &c., ut supra (b.) . . . custody and to apply 

 the proceeds of sale pro tanto — (1) in payment of the expenses 

 thereof, and of the horse's keep and of process, and (2) in repayment 

 to the pursuer of the sum of forty-five pounds, &c., ut supra." (a) 



The condescendence sets forth the sale price and payment, the 

 trial and disconformity to warranty, the tender and refusal, and 

 consequent removal to livery, and the expediency of present sale. 



Plea in Law : — Same as in (b) . . . court, and the proceeds 

 applied in manner craved. 



B 



