46 ON WARRANTY. 



which may render it necessary to return the horse. It is 

 thought necessary by many persons, -when a horse is re- 

 turned, to put him hito the stable of the seher, or to get him 

 to receive the horse ; but it has been estabhshed in our 

 courts of law that this is not necessary, and that it is suf- 

 ficient to give notice by a witness that the horse is unsound 

 or vicious, or is not what he was warranted to be, and that 

 he is ready to be delivered up when sent for ; although, 

 by tendering the horse, and afterwards placing him at liv- 

 ery, the keep of an unsound horse after this tender can be 

 recovered ; this is, therefore, the best plan to adopt when 

 the seller is a solvent and responsible man. If the horse is 

 sold to a third party, an action can be brought, after due 

 notice given to the vendor, for the difference between the 

 price given and the price the horse sold for, after deduct- 

 ing all expenses that were actually necessary in the keep 

 of the animal, and at the sale ; the best and most advis- 

 able plan is to sell the horse at a mart, or otherwise, by 

 auction, due notice having been given to the seller. 



It is advisable, after purchasing, not to have the horse 

 shod, nor to give him any medicine, until satisfied, by a 

 sufficient trial, that he is in every respect sound. 



Perhaps I have dwelt longer upon this subject than 

 some of my readers may think necessary ; but it should be 

 recollected that it is intended only for those who are inex- 

 perienced in horses. It may be thought, also, that what I 

 have written may tend to excite an unjust prejudice in the 

 minds of those to whom it is addressed, or that it may 

 make them over-cautious, and induce them to reject horses 

 without sufficient reason ; but if we take into considera- 

 tion the many defects or diseases to which horses are 

 liable, the difficulty of detecting them, the numerous de- 

 ceptions that are practiced, and the shifts and evasions 



