VETERINARY SURGEON AND FARRIER. 



213 



on any person falsely representing himself to be a member 

 of the Royal College ; and by section 17 imposes a like 

 penalty on any person not possessing the prescribed quali- 

 fications -who, after December Slst, 1883, "takes or uses 

 . . . any name, title, addition or description stating that he 

 is ... a practitioner of veterinary surgery, or of any 

 branch thereof, and further incapacitates any such person 

 from recovering any fee for performing any veterinary 

 operation («'). 



Where a man takes upon himself a public employment 

 he is bound to serve the public as far as his employment 

 goes, or an action lies against him for refusing. Thus if a 

 farrier refuse to shoe a horse (j), an innkeeper to receive 

 a guest, a carriage to carry, when he mai/ do it, an action 

 lies (k) . 



But the horse must be brought to be shod at a reasonable 

 time for such purpose ; because if brought at an irregular 

 hour, the farrier may say, " I will not do it " (^ ). 



A farrier is liable for laming a horse in shoeing it, and 

 the action is founded on the implied contract, that every 

 workman undertaking any work will perform it properly (/), 

 because it is the duty of every artificer to exercise his art 

 rightly and truly as he ought (m) . 



And an action may be maintained for a breach of duty, 

 arising out of a contract with a third person. Thus 

 Coke, C.J., puts this case, " If the master sends his servant 

 to pay money for him upon the penalty of a bond, and on 

 his way a smith in shoeing doth prick his horse, and so by 

 reason of this the money is not paid ; this being the 

 servant's horse, he shall have an action upon the case for 

 pricking of his horse ; and the master also shall have his 

 action upon the case for the special wrong which he hath 



Farrier 

 cannot refuse 

 to shoe a 

 liorse. 



When 

 brought at a 

 reasonable 

 time. 



Answerable 

 for his own 

 want of skill. 



Where a third 

 person is 

 affected. 



(i) Where a shoeing- smith not 

 possessed of the quahfications speci- 

 fied by section 17 had for the last 

 twenty-five years described his place 

 of business as a "veterinary forge," 

 it was held that these words consti- 

 tuted a description that he was 

 specially ijualified to practise a branch 

 of veterinary surgery within the 

 meaning of the section, and that he 

 was, therefore, liable under the 

 section [Soyal College of Veterinary 

 Surgeons v. Robinson, [1892] 1 Q. B. 

 557; 61 L. J., Q. B. 146). But 

 where a chemist published a book 

 dealing with diseases of horses, re- 



commending medicines which he kept 

 and advising people in some cases to 

 consult a veterinary surgeon, and 

 described himself in the book as a 

 pharmaceutical and veterinary chem- 

 ist, it was held that he was not 

 unlawfully using a description imply- 

 ing that he was a veterinary surgeon 

 {Veterinary Colleges'. Green, 57 J. P. 

 506). 



(j) 14 Hen. 6, 18. 



(k) See note (hh), ante. 



[l) 2 Chit. Pleading, 6th ed. 262. 



(«() Eex V. Eilderhy, 1 Saund. 

 312, n. 2. 



