HOW TO I'UOCEEI) IN CASK OF DlSl'UTK. 



and an accurate and truthful method of telling the 

 story. After j udgment is given, if the complainant 

 recovers more than 20/., ho will have costs as a 

 matter of course (/) ; but if he recovers a less sum 

 than tliat, he should apply to the judge for his 

 costs and the expenses of his witnesses. 



These remarks are intended to be of service to 

 defendants as well as plaintiffs in such like case, 

 for it is evident that if a certain line of conduct is 

 followed by the plaintiff, an opposite but similar 

 line of defence should be followed by defendant. 



If a ^vl'itten warranty is given, the only defence 

 would be, either tliat the animal is still, or was, 

 when action brought, in the same state or condition 

 as it was when warranted by the document given, 

 or that the breach of the warranty is the com- 

 plainant's own fault ; for instance, a horse may, 

 immediately after being bought, bo shod and 

 thereby lamed, or it may be put in a conveyance 

 with harness too small or improperly fitting, or 

 the vice alleged ma}' be brought about by fault of 

 the buyer. If the warranty is not in "writing and 

 the defendant denies it, lie should bring evidence 

 to show exactly what was said; but the com- 

 plainant must make out his own case first. Tho 

 defendant will not be required to prove he did not 

 warrant, until the complainant has made out a case 

 showing that he did do so. Again, the defendant 



171 



((•) 30 & 31 Vict. c. 142, s. o. 



