THE MODERN HOUSE DOCTOK. 409 



involved, no more than we have, in a strictly pathological point 

 of view, at the comparative paucity of sound horses coming un- 

 der our observation. The separation of monomania in man from 

 oddity or eccentricity is hardly more difficult than resolving the 

 question of soundness in its dubious or transitory form is in 

 horses ; a great deal, after all, must be matter of opinion, and 

 those opinions will ever prove best worthy our reliance which 

 are founded on the widest experience, coupled with the best char- 

 acter for honesty. No more responsible duty attaches to a pro- 

 fessional man than that of giving a certificate of soundness : by 

 it the warranty of the dealer or vender is either confirmed or 

 falsified, the purchase completed or set on one side, the value of 

 the animal either established or destroyed ; on all which accounts 

 is the veterinarian pledged, not only to use his * hundred eyes ' 

 in making the examination, but also his maturest judgment in 

 diving into the nature of any unsoundness he may discover, 

 as well as into its positive or probable effect on the action or ca- 

 pabilities of the animal, both present and to come. This leads 

 us, before we close the subject, to say a few words on toarranty ; 

 by which is meant an indemnity against any unsoundness, or a 

 pledge given — commonly in writing — by the vender to the 

 purchaser, that the horse is sound and quiet, and possesses such 

 and such qualifications. Without such indemnification or pledge, 

 the law says, Caveat emptor — let the purchaser take the conse- 

 quences ; the rule at law being, that every body who purchases a 

 horse takes him at his own judgment, and has no remedy against 

 the seller, supposing the horse to turn out, upon a future trial, or 

 a more considerate inspection after the purchase, to be worth less 

 than the sum given ; unless he (the purchaser) can prove he was 

 induced to purchase by representations false within the knowl- 

 edge of the seller ; to fasten a fraud of which nature upon an 

 experienced dealer in horses is, however, a difficult matters- 

 Warranties are of different kinds — express or implied, general 

 or special. An express warranty speaks for itself. And as for 

 an implied warranty, such a thing is hardly known, or, at least, 

 rarely taken advantage of in horse deeding, the price paid, how- 



* Tomlin's Popular Law Dictionary, 1838. 



33 



