INTRODUCTIOX. h 



Horse having beeu made, or sometimes in the face of 

 actual disease ; for the giving a Warranty seems to be 

 considered quite a trifling matter. Thus, in the case of 

 Hall V. Rorjerson, tried at the Newcastle Spring Assizes, 

 1847 («), it appeared that a -fitness, who was a Veterinary 

 Surgeon, had taken off the Horse's shoes, and examined his 

 feet, when he found a slight Convexity of Sole. The o^^-ner 

 then asked him if he would he justified in warranting the 

 Horse as it had been warranted to him ; the witness asked 

 him if he was satisfied tlie Horse went sound ; he replied, 

 " Perfectly so :" he then said he was justified. On cross- 

 examination, the witness said, " I pointed out a slight 

 disease in the Sole, but thought he would have been 

 justified in warranting him; if I had taken the pre- 

 caution to see him go, things might have been different." 

 So that a Veterinary Surgeon finding that a Horse has 

 a disease in the Sole, and without taking the precaution 

 to see him go, tells the 0-\vner he is justified in warranting. 

 Now the use of the word justified shows that neither of 

 the parties fully knew the amount of liability incurred by 

 giving a Warranty, and it seems as if they had considered 

 it rather an affair of conscience or honour than of legal 

 responsibility. 



That the Veterinary profession feel the greatest diffi- Difficulties 

 culty in dealing with the question of unsoundness when Vetermary 

 called upon for a Certificate on that point, will appear profession. 

 from part of an article on " Soundness as opposed to 

 Lameness," by Mr. Percival, M.E.C.S., editor of the 

 Veterinarian; he writes, "Reluctantly as we enter on 

 this difficult and much debated question, we feel it our 

 duty to make some observations on the subject, though 

 these observations will be rather of a general than of a 

 particular nature, and have especial reference to sound- 

 ness, regarded as the converse of, or opposite state to, 

 lameness. No person buys or sells a Horse without feel- 

 ing some concern as to the soundness of the animal ; the 



(«) Hall V. Rogerson, Appendix. 



