WAS1HNO-MACHINKS. 



he expressly warrant* them to be Bound and good, or union he knew 

 them to be otherwise, and ha* used art to disguise them, or has mu- 

 represented them to the buyer. 



No particular form of words U necessary to constitute a warranty, 

 and a bare representation or description of the quality may amount to 

 a warranty if there be nothing to negative such an understanding. The 

 custom of any particular trade may establish an implied warranty 

 between parties transacting business therein, it being presumed that 

 the dealings of the parties were regulated by the custom in the 

 absence of evidence to the contrary ; but when there is express war- 

 ranty, it cannot be affected by the custom of the trade. A sale of 

 goods by sample ia in effect a sale by warranty. A promise or warranty 

 that the goods sold shall be of a merchantable quality is implied when 

 the vendee had not at the time of the sale an opportunity of inspecting 

 them, and when of course the general maxim of carrat emptor cannot 

 apply. Also it seems that when a commodity is sold for a particular 

 purpose, the seller must be understood to warrant it reasonably fit and 

 proper for such a purpose, though at the time of sale the purchaser 

 had an opportunity of inspection. Where there is an express warranty, 

 written or, it seems, even verbal, the vendee is not at liberty to avail 

 himself of representations not embodied in the contract and made by 

 the vendor without fraud. A general warranty will not extend to 

 defects that are plain and obvious to the senses, and require no skill to 

 detect, it being presumed that the purchaser knew of and bought 

 subject to them. It seems to be settled that when goods are sold 

 expressly " with all faults," the seller is not liable in respect of latent 

 defects, though he knew of them, unless some artifice be practised to 

 prevent the buyer from discovering them ; but even in the case of a 

 sale with all fault*, the vendor will still be liable on an express war- 

 ranty against a particular defect. It has been said that there cannot 

 be a warranty against future defects, but there seems to be no good 

 foundation for the doctrine. It seems that a warranty ought to be 

 given during the treaty for sale or at least before it is substantially 

 completed, and that a warranty given after the completion of a sale is 

 not binding for want of consideration. It hag been decided that in 

 actions upon warranty it is not necessary to offer to return the goods 

 before bringing the action, nor even to give notice of the breach of 

 warranty to the seller, though of course the not having done so would 

 be a suspicious circumstance in the plaintiff's case. If there has been 

 no offer to return the goods, the measure of damages will of course be 

 the difference between the sum given and the real value, as ascertained 

 either by sale or estimation. If the warranty be accompanied by an 

 express condition to take back the goods, if found defective, and return 

 the price, the buyer ought to return the goods within a reasonable time 

 in order to maintain his action : and if, after an offer is made to do so, 

 the seller refuse to receive them, they remain at his own risk. 



There are certain rules which have been laid down with respect to 

 1- of horses, one of the most common subjects of actions on warranty. 

 The fact that what is termed a sound price is given ly a horse, does 

 not imply any warrant of its soundness. If at the time of the sale the 

 horse has any disease, or has met with any accident which either does, 

 or in its progress or results will diminish the usefulness of the animal, 

 such ahorse is unsound, and, therefore, a cough or temporary lameness 

 which, though it may be curable and not permanently injurious, 

 diminishes his present usefulness, is unsoundness. So any organic 

 defect is unsoundnew, and, therefore, a nerved horse cannot be con- 

 sidered sound. Roaring is unsoundnens if it proceed from disease or 

 organic defect; but crib-biting, it seems, does not amount to unsound- 

 ness, though it is within a warranty that a horse was free from vice. A 

 warranty of soundness is broken if the disease or defect existed at the 

 time of the sale, though it could not then be detected, and did not 

 appear till some time afterwards. The question of the soundness or 

 unsoundness of horses is one peculiarly within the province of a jury 

 to determine, and, therefore, a court will not set aside a verdict on 

 account of the mere preponderance of contrary evidence, nor on the 

 ground of any peculiarity in the nature of the unsoundnees proved. 



WARREN. A Free Warren is a franchise which gives a right to 

 have and keep certain wild beasts and fowls, called game, within the 

 precincts of a manor, or any other place of known extent, whereby the 

 owner of the franchise has a property in the game, and a right to 

 exclude all other persons from hunting or taking it. It is laid down 

 by lilackntone.tliat originally the right of taking and destroying game 

 belonged exclusively to the king, and it is certain that this franchise, 

 like Uiat of a chace or park, must either be derived from a royal grant, 

 which supposes a grant. The law is thus settled 

 i, 11 'hep.' 87, b. 



the crown ever had the right of granting 

 > over the lands of another, though such a 

 by prescription. The right of free warren over 

 might also arise under other circumstances, as 

 when a man, having free warren over certain lands, aliened them, 

 reserving the warren. (8 Rep. 1 108.) 



A warren may lie open, and there is no necessity of enclosing it, as 

 there U of a park. (4 ' Int.' 818.) The beasts of warren appear to be 

 only hares and rabbits; and the fowls of warren are partridges and 

 phcasanU, though some add quails, woodcocks, and water-fowl 

 (' Terms de la Ley,' 689.) The grantee of free warren acquired thereby 

 the right to appoint a person to watch over and preserve the game, 



or from prescri 

 in the Case of 

 U does not 

 free warren 



right 







called a warmer, who is justified in killing dogs, polecats, or other 

 vermin which he finds disturbing or destroying the game (Cro. Jac. 45), 

 and by 21 Edw. I., a. 2, entitled Ik MaltfoftoriSiu, every forester, 

 parker, or warrener was authorised to kill persons trespassing in 

 forests, parks, or warrens, who resisted and refused to render them- 

 selves. 



The franchise of free warren has nearly fallen into disuse since the 

 enactment of the modern statutes with respect to game. 



\VAKKKX. KUKK. [\VAHHKN.] 



\\ "A UTS, the name of small tumours or excrescences which occur 

 on the. cuticle. Like all other epidermoid tumour*, they are unorgan- 

 ised in their origin and course. They are generally of a conical form, 

 embrace only a small extent of surface, are hard, insensible, ami in 

 colour are usually darker than the surrounding surface. In Htnicturc 

 they have a radiated character. Their growth ia slow, and they 

 their nutriment from the cutis over which they lie. The parts of the 

 body on which these excrescences most frequently occur are the hands 

 and face, although they are by no means confined to these localities. 

 They are of an innocent character, and produce no ill consequences, 

 except by pressure, when they occur in such parts as between the 

 fingers and toes or on the eyelids. 



When stimulated strongly, they generally get smaller or disappear 

 altogether. Hence the best mode of treatment is the appliiMtit.u ..f 

 stimulants. It is however a curious fact that they often disappear 

 under the use of the simplest remedies, when more violent ones have 

 failed to affect them. The most effectual remedy is cutting them away. 

 When this may be objected to, the caustic applications recommended 

 are nitrate of silver, strong acetic acid, niuriated tincture of iron, or 

 a powder composed of subacetate of copper and sabine in equal 

 parts, or the application of a hair-pencil dipped in sulphuric or nitric 

 acid. 



The thin integuments situated near the anus are often found to be 

 the seat of excrescences having the character of warts. They are of 

 all sizes, from a pea to an orange. When small, they may be removed 

 by the application of the stimulants recommended above ; and when 

 large, they should be cut away with the knife. 



WASHING-MACHINKS were originally employed in connection 

 with textile manufactures; but the Americans have effected much 

 towards rendering them also applicable to domestic use. 



In the bobbin-net district around Nottingham, washing-machines 

 are employed in great variety ; for the delicacy of the fabric renders 

 much more care necessary than in the washing of the woven goods 

 made in Lancashire and the neighbouring counties. The dash-wheel, 

 in which centrifugal force is employed to wash and then to dry the 

 goods, is much used, requiring steam power to work it. A kind of 

 thumping machine called a dolly is sometimes employed ; but it is almost 

 too coarse in its action for delicate fabrics ; and so likewise are those 

 machines in which fluted rollers work in contact. One mode adopted 

 ia that of forcing a current of air through the ley or washing liquid, 

 and thus blowing out the dirt from the cloth without any rubbing. To 

 effect this, a vessel is provided to contain the goods ; a pipe connects 

 it with a blowing apparatus, which may consist of any kind of fan or 

 wind-producer. The goods, slightly soaped, are steeped in soft water at 

 a temperature of about 90* Fahr. ; the vessel is covered over, and a 

 current of air sent in from the blowing apparatus. 



Mr. Cottrill's patent relates to a sort of triangular prism, two of 

 which rotate on horizontal axes in a direction opposite to that in which 

 yarns or woven goods are drawn through a tank ; the angles of the 

 prisms strike the goods as they pass, and thus wash them. In another 

 machine by the same inventor, instead of prisms, two arms or cranks 

 are employed, vibrating about an axis. Many washing-machines are 

 modifications of the cylindrical dash-wheels described under BLEACHIM:, 

 and call for no detailed notice here. Some of the dash-wheels now 

 used in the dye works, bleach works, and print works of Lancashire 

 and Glasgow will wash 4000 pieces in a day. At the St. Nicholas II 1 

 in New York, washing is conducted for the visitors on a scale of surpri- 

 sing magnitude and completeness. A cylinder is half filled with soap and 

 water ; three or four hundred garments of linen and cotton are thrown 

 in ; the cylinder is made to revolve by a steam-engine ; steam is 

 admitted to the bottom of the cylinder, rises through the water, and 

 escapes at the top. In doing so, the garments in the cylinder are 

 forcibly driven up, and then a current of steam in the opposite direc- 

 tion forces them down again. By this process, repeated several 

 and combined with the rotatory movement of the cylinder, il 

 garments are very quickly washed. They are then gently dried in a 

 centrifugal machine [DKTINU-MACIIINF.K], and finally exposed to a 

 current of hot air. The linen ia said in this way to be washed 

 minutes and dried in seven, very cheaply, and without injury to the 

 material. The Hampstead Board of Guardians adopted, in 1860, a new 

 washing-machine, consisting chiefly of two ridged boards ; the linen is 

 pressed between the boards, slightly rubbed, turned over, slightly 

 rubbed again, and so on abjout lift y times, the soapy water passing 

 through the pores every time; no hand-rubbing is needed. After 

 several weeks' trial, it was found that five shillings worth of fuel, soap, 

 and soda sufficed for the washing of one thousand articles. 



Among the many curious American washing-machines recently 

 introduced, one ia the ball machine, in which a number of wooden 

 balls are set in motion by a handle worked by a lever. The linen is 



