30 THE STUD. 



ously affected by any ailment while In his pos- 

 session without his knowledge. If it was a serious 

 one, he must be aware of what it was from any 

 professional man he had called in ; and he further 

 must know whether the animal has since suffered 

 from the same ailment or the effects of it. So, by 

 taking such guarantee as specified, if he gives it 

 wrongfully, it would be no difficult matter to 

 detect him in falsehood, and then not only punish 

 him by returning him his horse, but in such a 

 case it would be quite just and proper to make 

 him pay all expenses attendant on the transac- 

 tion ; in fact, if he was indicted for wilful fraud, 

 he would only meet his deserts. 



Xow, with our present form of warranty, w^hat 

 do we get ? Only, virtually, the seller's OPINION 

 and belief that the horse he sells is a sound one. 

 If he is a good judge, and a rogue, he pretty well 

 knows whether the horse will pass an examina- 

 tion or not, but may equally well know that he 

 will be lame after a few days' work ; and if the 

 horse is not examined at the time of sale, such a 

 man will be sure to find plenty of witnesses to 

 swear he was sound at that period ; and this 

 statement it might be difficult to disprove by 

 counter evidence. If the man be ever so honest 

 or honorable, if he is not a competent judge in 

 such matters, his warranty is not worth a far- 

 thing, so far as his personal opinion goes. But 



