206 
THE LAWS RELATING TO WARRANTY 
own expense, and indemnify the purchaser for any loss or damage 
which he may have sustained. 
The time of the warranty commences at the hour that the horse 
was delivered either to the purchaser or to any one commissioned 
by the purchaser to receive the animal. 
When a horse is sold upon trial, and the time for trial has been 
fixed, the bargain is considered as being concluded, if the purchaser 
does not return the horse within twenty-four hours after the expi- 
ration of the time of trial. In case the duration of the trial has 
not been fixed, the sale will be considered as perfect, when the buyer 
shall have paid the price of the horse, or have informed the seller 
that he intends to keep the animal. In both cases, the time of 
trial is included in the period of the warranty. 
The buyer must make his declaration before the tribunal previ- 
ous to the expiration of the period of warranty, and the tribunal 
must proceed to the examination of the animal either on that day, 
or the following one at latest, through the medium of three veterinary 
surgeons appointed for that purpose. An examination made after 
the termination of the warranty, or by veterinary surgeons not 
properly appointed, will be of no avail. 
The examiners must neither be related to either of the parties, 
or engaged, nor in partnership with them in the purchase and sale 
of horses. When two of the three affirm the existence of the 
fault or unsoundness, the matter shall be considered as decided. 
When the horse lies dead on the premises of the purchaser, the 
veterinary surgeons will decide whether a post-mortem examina- 
tion is requisite. In order that it may come under the legal pro- 
visions that have reference to warranty, it is not required that the 
horse should die of the prohibited disease ; it is sufficient that the 
existence of the disease shall be manifest to the examiners. The 
delay allowed to the purchaser to carry his complaint before the 
tribunal of the seller is one hundred and eighty days, reckoning 
from the day of the examination of the horse by the veterinary 
surgeons. That period having passed, the purchaser loses his 
right of damages, although his declaration may have been made 
within the specified time. When persons have entered into 
partnership as horse dealers, the complaint may be laid against 
either of them, without reference to the concern which he really 
had in the transaction. The purchaser may demand the reim- 
bursement of the price which he paid for the horse, with interest at 
five per cent, from the day of payment, and for the stable expenses, 
but without interest for other occasional charges for shoeing and 
medical treatment — for indemnity with respect to any damage 
which the horse may have done — for the expense of compelling the 
seller to take back his horse — and, if the animal may have died, 
