The question is, whether the horse at the time of its attachment was required for the plaintiff’s actual use. G. L., c. 224, s. 2, § 12. On this question of fact there is evidence to be considered by the referee. Somers v. Emerson, 58 N. H. 48; Rice v. Wadsworth, ante 100; George v. Fellows, ante 206.

Report recommitted.