160 



The servant who received it from Mr. Sewell, should 

 be the person to examine and mark the copy, and 

 also to deliver the original, or at least to produce 

 it to the dealer ; as it will be necessary on the trial 

 of the action, to have his evidence to show fair 

 play and open dealing to the satisfaction of the 

 jury. Nothing tells more with a jury than candid, 

 open behaviour, especially in actions upon horse- 

 warranties. 



I have already intimated the importance ol 

 tracing the past history of the horse, to ascertair 

 whether the unsoundness is of old standing. Ii 

 will often be found, when this can be done, that thf 

 dealer himself bought without a warranty. Indeec 

 the question should always be put to him whethe 

 he did or not. His refusal to answer it, or to pro 

 duce the warranty, will tell as much against him a: 

 the admission that he took none ; but then h( 

 should be interrogated by a third party, who can i 

 necessary be put in the witness-box. 



The next material point is to make a chrono 

 logical memorandum of every occurrence, botl: 

 in the purchase, and subsequent treatment, anc 

 let the groom subscribe his name to it. A case is 

 clear enough in the month of March, but if th( 

 cause is not tried till July, half the circumstance; 

 are forgotten. The most trivial inaccuracy is fata 



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