The Sporting Dictionary and Rural Repository, Volume 2 (of 2): Of General Information upon Every Subject Appertaining to the Sports of the FieldTaplin, William
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The Sporting Dictionary and Rural Repository, Volume 2 (of 2): Of General Information upon Every Subject Appertaining to the Sports of the Field
Taplin, William
Hunting -- Dictionaries; Sports -- Dictionaries
These repositories are conducted upon principles of the most unsullied
integrity by the present proprietors; and under fixed regulations, which
admit of no opening for cavil or discontent. Horses sent in for SALE are
immediately BOOKED, with the instructions of the owner; whether he is to
be sold _to the best bidder_, or a specific sum mentioned, _at less_
than which he is not to be disposed of. The expences are as follow; a
certain price per day and night, as long as he is continued there. If
brought out, and put up at the hammer, and not sold, half a crown. If
sold, the commission for selling is five per cent. in addition to the
auction duty of _ten-pence_ in every POUND; but if sold by private
contract, either _before_ or _after_ the PUBLIC AUCTION, no duty to
government is payable whatever.
Other rules attach invariably to each establishment. Horses may be sold
_with_ or _without_ a WARRANTY, at the option of the owner. If sold
_bona fide_ to the BEST BIDDER, and no declaration made, or questions
asked, respecting SOUNDNESS, he is then said to be sold with _all his
faults_; which the purchaser must abide by, and has no plea for
_return_, however he may repent the purchase he has made. On the
contrary, when the horse is sold at the hammer, and warranted sound,
under the authority of, and by commission from, the owner, although the
purchase-money is deposited when the horse is taken away, yet the
purchaser has that and the following clear day to ascertain the perfect,
sound and healthy state of the horse so purchased, when during which
time so allotted him, if he returns the horse or mare, with proper and
indisputable proof of palpable lameness or defect, the purchase-money is
of course returned, and such horse or mare again becomes the property of
the former owner: and for the regular support of this equitable and
necessary part of the establishment, no person selling such horse at
either of the repositories, can demand the money in payment till two
clear days from the day of sale. Instances sometimes arise, where the
owner of a horse sold with a WARRANTY, has refused to accede to the
return of the purchase-money, upon a plea of justification, that such
horse or mare was positively SOUND when _sold_. In cases of this kind,
the proprietor of the repository retains the money in hand; an action is
commenced against him by the purchaser of the horse returned, (for the
money so paid, and which he cannot get back,) upon being indemnified by
the original owner; he becomes the NOMINAL DEFENDANT, and the case goes
before a JURY, to be decided by the glorious _uncertainty_ of the law;
as in all HORSE CAUSES, the witnesses are so _critically conscientious_,
that there are generally as many OATHS on one side as the other.
Public-domain text, read in full here on John Shaqi.
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