365 



thereby leaving the agent what he ought to be in the trans- 

 action, an impartial witness, to prove the facts in dispute. 



10. When a horse, having been warranted sound, shall be 

 returned within the prescribed period on account of unsound- 

 ness, a certificate from the veterinary surgeon, particularly 

 describing the unsoundness, must accompany the horse so 

 returned; when, if it be agreed to by the veterinary surgeon of 

 the establishment, the amount received for the horse shall be 

 immediately paid back ; but if the veterinary surgeon of the 

 establishment should not confirm the certificate, then, in order 

 to avoid further dispute, another veterinary surgeon shall be 

 called in, and his decision shall be final ; and the expense of 

 such umpire shall be borne by the party in error. 



11 . If any horse, wan'anted quiet in harness or quiet to ride, 

 or warranted in any other respect, (except as to soundness,) 

 shall be returned within the prescribed period, as not answer- 

 ing the warranty given with him at the time of sale, he shall be 

 tried and examined by an impartial person, approved of by 

 Mr. Allen, whose decision shall be final; and the considera- 

 tion for the examination, viz. 10*., shall be paid by the party 

 in error. 



12. No liability is to attach to Mr. Allen in the event either 

 of an ofier or an agreement to purchase not being subsequently 

 carried into effect. 



13. All charges upon horses that may be taken away unsold, 

 must be paid before delivery. 



14. When the expenses upon any horses sent in for sale 

 shall amount to a larger sum with reference to their value than 

 Mr. Allen shall deem expedient, he shall, at the expiration of 

 ten days after the sending of a written notice to the owner or 

 owners, addi-essed by post, agreeably to the register made at the 

 time the horse or horses were sent in for sale, be at liberty to 

 sell and dispose of the same, either by public or private con- 

 tract, placing the proceeds to the credit of the parties, and pay- 

 ing over to them the balance, if anv remain, after deducting all 



