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<Sife he fold him when under (uch inlirmititi as n\ay efcape 

 the view of the buyer, and as are not obvioufly difcovered. 

 Thefe infirmities are purlivenefs, the glanders, and un- 

 foundnefs, hot and cold : but he does not warrant him 

 clear of fuch infirmities as may be difcerned. Not only 



i'ockeys or horfe-merchants, but alio perfons of what qua- 

 ity or condition foever, are obhged to take iiack the horfe, 

 and repay the money, if he is atfefted with tlie faid difor- 

 ders. But the rule of the law of England is, cwueat emptor, 

 unlefs the feller exprefsly warrants. See Warranty. 

 Warrants, Dividend. See Dividend. 

 Warrants /or imprejin^ Chorijlirs. See Tusser. 

 WARRANTIA CuAUTiE, a writ that lies for a per- 

 fon who is infeofled in lands and tenements, with claufe 

 of warranty ; and is impleaded in an affize, or writ of en- 

 try, in which he cannot vouch, or call to warranty. See 

 Voucher. 



Warkantia Diti, a writ wliich lies in a cafe where a 

 man, having a day ailigned perlonally to appear in court to 

 an a6lion in which he is fued, is, in the mean time, by com- 

 mandment, employed in the king's fcrvice ; fo that he can- 

 not come at the day afGgneJ. It is dirtfted to the juilices, 

 ordering them not to iiud or record him in default. 



WARRANTIZANDUM. See Sum.mons ad War- 

 rantizandum. 



WARRANTO, ^ec Qvo Warranto. 

 WARRANTY, Warrantia, in Law, a promife or 

 covenant, by deed, made by the bargainer for himfelfand his 

 heirs, to warrant and fecure the bargainee, and his heirs, 

 againft all men, for enjoying the thing agreed on or granted 

 between them. 



Such warranty pafTes from the feller to the buyer ; from 

 the feoffcr to the feolfce ; from him that rcleales to him 

 that is relcafed from an aftion real. The form of it is thus : 

 " Et ego vero pnefiitus A. ct haredes mei, pra^diftas quin- 

 que'acras terra cum pertinentiid fuis pra;fato B. hseredibus 

 ct alfignatis fuis, contra omncs gentes warrantixabimus in 

 perpetuum, per prxfentes." 



Note, under haredes, heirs, are comprifed aU fuch as the 

 firft warranter's lands come to, whether by defcent, pur- 

 chafe, or the like. 



Warranty is either real, or perfonid. Real, when it is 

 annexed to lands and tenements granted in fee, or for life, 

 &c. which, again, is either in deed, or in law. 



Pcrfonal either refpefts the property of the thing fold, 

 or the quality of it. 



By the civil law, an implied warranty was annexed to 

 every fale, in refpeft to the title of the vendor : and fo 

 too, in our law, a purchafer of goods and chattels may have 

 a fatisfaflion from the feller, if he fells them as his own, and 

 the title proves deficient, without any e.^prefs warranty for 

 that purpofe. But, with regard to the goodncfs of the 

 wares fo purchafcd, the vender is not bound to anfwer ; un- 

 lefs he exprefsly warr.-uits them to be found and good, or im- 

 lefs he knew tlicm to be othcrwife, and hath ulcd any art to 

 difguife them, or unlefs they turn out to be different from 

 what he rcprtfentcd to the buyer. And if Ik-, who felleth 

 any thing, doth upon the fale warrant it to be good, the 

 law annexes a tacit contradl to tliis w.irranly, that if it he 

 not fo, lie fhall make compenfalion to the buyer ; alfo, it is 

 an injury in good faith, for which an aftion oji tlte cafe will 

 lie to recover damages. The warranty mull be upon the 

 fale ; for if it be made after, and not at the time of the fale, 

 it is a void warranty. Alfo the warranty can only reach to 

 things in being at the time of tlie Warranty made, and not 

 to things infutiiro: as, that a horfe is found at the lime of 

 buying hiin, not that he will be fuuud two yearj liciicc. 



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Any artifice to difguife goods fhall be equivalent to an 

 exprefs warranty, and the vendor is anfwerable for their 

 goodnefs. 



A general warranty will not extend to guard againft de- 

 feats that are plainly and obvioufly the objeft of one's 

 fenfcs, as if a horfe- be warranted perfect, and wants either 

 a tail or an ear, unlcfs the buyer in this cafe be bhnd. Alfo, 

 if a horfe is w.irranted found, and he wants the fight of an 

 eye, though this ieems to be the objeft of one's fenfcs, yet as 

 the difcernment of ftich defcds is frequently matter of lltill, 

 it hath been held that an aftion on the cafe lieth, to recover 

 damages for this impofition. Blackft. Com. book iii. 



Real warranty, again, in refpeft of the ellate, is either 

 lineal, collateral, or commencing by dijfeifm. 



Lineal warranty was where the heir derived, or might 

 by poffibility have derived, his title to the land warranted, 

 eitlier from or through the anceflor who made the warranty ; 

 as, where a father, or an elder fon in the life of the father, 

 releafed to the diffeifor of either themfelves or the grand- 

 father, with warranty, this was lineal to the younger fon. 



Collateral warranty was where the heir's title to the land 

 neither was, nor cotdd have been, derived from the war- 

 ranting ai.ceftor ; as, where a younger brother releafed to 

 his father's diffeifor, with warranty, this was collateral to 

 the elder brother. 



But where the very conveyance, to which the warranty 

 was annexed, immediately followed a diffeifiii, or operated 

 itielf as fuch, (as, where a father tenant for years, with re- 

 mainder to his fon in fee, aliened in fee-fimple with war- 

 ranty,) this, being in its original manifeflly founded on the 

 tort or wrong of the warrantor himfelf, was called a war- 

 ranty cummcncing by dijpifui ; and being too palpably in- 

 jurious to be fupportcd, was not binding upon any heir of 

 luch tortious warraritor. BlackfL Com. bookii. 



WARRAWARROW, in Gcr^raphy, a bay of the 

 ifland of St. Vincent ; i mile S. of Kinglton bay. 



WARRELL, a river of Hindoollan, one of the arms of 

 the Indus. 



WARREN, Warknva, a franchife, or place pri. 

 vileged, either by piefcription, or grant from the king, to 

 keep hearts and fowl of warren in ; as rabbits, hares, par- 

 tridges, pheafants, &c. 



A man that has the franchife of warren is in reality no 

 more than a royal game-keeper : but no man, not even a 

 lord of a manor, could by common law juflify fporting on 

 another's foil, or even in his own, unlefs he had the liberty 

 of free-warren. This franchife is almoft fallen into difre- 

 gard, fince the new ftatntcs for preferving the game. There 

 are, indeed, many inlUnces of eager fportfmen in ancient 

 times, who have fold their ertates, and referved the free- 

 warren, or right of kilhng game, to themfelves ; by which 

 means it comes to pafs that a man and lii,; lieirs have fonie- 

 tinies free-warren over another's ground. 



By a flatute, 21 Edw. III., a warren may lie open, and 

 there is no need of clofing it in ; as there is of a park. 



If any perion be found an offender in any Inch free-war- 

 ren, he is puniOiable for the fame at common law. See 

 Bi.A( K ylcl, and Game. 



The word warren is now generally applied to a piece of 

 ground fet apart for the breeding and preferving of rabbits. 



In the fetting dp of a warren, great caution is to be ufed 

 for the fixing upon a proper place, and a right fituation. 

 It flionld always be upon a fmall afcent, and cxpofed to 

 the eart or the fouth. The foil that is moll fuitablo, is that 

 which is fandy ; for when the foil is clayey or to»gh, the 

 rabbits find much more dilficulty in making their burrows, 

 and never do it fo well ; aud if llic foil be boggy or moori/h, 



there 



