174 APPENDIX. 
Arrived at the Court a plaint-note is produced which is to 
be filled up. The two copies of his claims are taken by the 
officers of the Court, who send one copy to the defendant 
along with the summons, and the other copy they pin to the 
plaint-note, which is for the use of the Judge. Whilst at the 
Court he should give his opponent notice to produce all docu- 
ments or letters which may have been sent to him having 
bearing on the case in hand. Again, whilst at the Court he 
must direct the officers to issue subpcenas to any witness or 
witnesses he may require, whom he has reason to think 
would not come forward without being legally obliged to 
do'so. The Court’s officers serve the subpoenas. : 
When a written warranty can be produced, expressed in 
proper terms, no witnesses need be summoned. If the 
warranty was by word of mouth, all hearing it should be 
summoned, to bear witness as to the words used ; also that the 
_words amounting to warranty were used BEFORE the bargain 
was struck. The exact words used ought, as far as possible, 
to be called to remembrance, which is, as a rule, easily done. 
Great care must be taken to give the words as they occurred 
—that is to say, not to add anything on the one hand or. 
leave out anything on the other. In all cases of unsound- 
ness a veterinary surgeon ought to be employed to examine 
the horse, and he will have to give his evidence in Court— 
his certificate alone will not do, as the writer is not present, 
and therefore cannot be cross-examined upon it. Should, 
however, the case be one of vice, then almost any one with 
common sense can enter the witness- box—indeed, veterina- 
rians are here seldom called for. 
Much trouble can be saved when the purchaser can bring 
proof that the vendor knew at the time of sale that the horse 
was unsound or vicious. The case then turns on a question 
of fraud or no fraud. If fraud can be thus proved to have 
taken place—that is to say, if it can be proved that the 
seller knew that the horse was unsound or vicious at the 
