682 THE HORSE 



and be capable of being hunted. Horses described as hunters without the 

 word ' good ' must have been hunted and be capable of being hunted, but 

 this description does not guarantee them sound in ' wind and eyes.' 



" 4. Any horse sold at this establishment with a warranty, must, in case 

 the buyer contend that it does not correspond with such warranty, be 

 returned before five o'clock p.m. on the second day after the sale (Sunday 

 excluded), otherwise it shall be deemed and taken to be in all respects as 

 warranted as between all persons, and the non-return within the time 

 limited shall be a bar to any claim on account of any breach of warranty, 

 and the buyer shall be bound to keep and pay for the horse, whether it be 

 or be not according to the warranty. 



" 5. Should a horse warranted quiet in harness or to ride, be returned, it 

 shall be tried by an impartial person, to be named by the proprietors of 

 this establishment, whose decision shall be final and conclusive upon all 

 persons, and a fee of ten shillings for the trial shall be paid by the party 

 in error. 



'* 6. Should any horse, sold here, warranted to ride or draw, be considered 

 by the buyer to be incapable of working, from any infirmity or disease, it 

 may be returned here before five o'clock on the second day after the sale, 

 with a certificate from a veterinary surgeon to that effect ; if not so 

 returned with such certificate, it shall be taken not to have been returned 

 within the meaning of the 4th condition ; and if such certificate be not 

 confirmed by another, to be furnished by the vendor within two days, or in 

 case the vendor shall neglect or refuse to furnish such certificate, the 

 auctioneer shall immediately appoint a veterinary surgeon, Avhose decision 

 shall be final and binding, and the whole expense must be paid by the 

 party in error. 



"7. No horse considered to be affected with glanders, mange, or other 

 infectious or contagious disorder, must, under any circumstances, be returned 

 in accordance with the 4th condition, but in lieu of such return, a notice in 

 writing, of the fact of the horse being so affected, and of the place where it 

 stands, must be given at this establishment within the time mentioned in 

 that condition, accompanied with the certificate of a veterinary surgeon 

 that the horse is so affected ; and in case of omission to give such notice, 

 accompanied by such certificate Avithin such time, the said horse shall be 

 deemed and taken to be as between all persons not affected with any such 

 disorder, and such omission shall be a bar to any claim on account of 

 the said horse being so affected, and the buyer shall be bound to keep and 

 pay for the same whether it be or be not so affected. 



" 8. If such notice from the buyer, accompanied by a certificate, be given, 

 the vendor will immediately be required to procure a certificate from his 

 veterinary surgeon ; and in case of non agreement of these two opinions, or 

 in case the vendor neglect or refuse to furnish a certificate within two days 

 after his receiving the notice, then the auctioneer shall appoint a veterinary 

 surgeon, whose decision shall be final and binding upon all parties, and all 

 expenses must be paid by the party in error. 



" When a horse is sold as ' quiet to ride and drive ' a warranty of 

 * workably sound ' is implied, and he ' must be sound enough to be ridden 

 or driven.' " ^ 



^ Extract from a letter of Messrs. Tattersall, dated 1896.— Editor. 



