VETERINARY JURISPRUDENCE. 
465 
of the horse, and he refused to do so : told him that he would 
make an entry of the examination in his book, to which he 
could refer at any time, but that it was not customary to 
write certificates of horses as being sound unless they were 
going abroad, or were going out of the country; Mr. Barker 
seemed to entertain some doubt as to the chesnut horse, and 
for the purpose of pleasing him, more than for any other 
reason, he had him out again ; on that day the horse was not 
lame ; examined them as carefully as if he had never seen 
them before ; the chesnut horse had not a contracted foot : 
Mr. Foote drew his attention to some enlargements on the 
pastern joints of the mare ; told him that it was a natural 
enlargement of the part, and would not be of any conse- 
quence ; the enlargement called ringbone is a material de- 
fect; it would cause lameness; the other enlargement would 
not, and did not in this instance ; the mare had no curb on 
either hock : the horse had no spavin, corn, curb, ringbone, 
or contracted hoof ; saw the horse and mare about five or six 
weeks ago ; both were then perfectly sound and getting 
regular exercise ; if a veterinary surgeon, who has been 
named to give an opinion, give an opinion, it was conclusive. 
In his cross-examination Mr. Watts said that he would 
give a certificate to a stranger who was bringing a horse to a 
distance, if he thought the transaction was a bona fide one ; 
did not give certificates to parties in Dublin whom he did 
not know, lest they might make an improper use of them, 
and sell a horse of the same colour as that in reference to 
which he had given a certificate ; had no reason to suppose 
that Mr. Barker was not a respectable person, but knew 
nothing whatever of him. Do you believe that Mr. Ferguson 
would declare horses unsound merely because you said they 
were sound ? I do, and vice versa. If a horse is warranted 
sound by the seller, and also sold subject to the opinion of 
the veterinary surgeon, does not such a contract operate as a 
guarantee to the purchaser that such horse is sound, and that 
such guarantee is confirmed by the opinion of the veterinary 
surgeon if passed sound? If a horse is sold and warranted 
sound, as well as subject to the opinion of a veterinary sur- 
geon, such warranty will hold good irrespective of the opinion 
of the veterinary surgeon. 
The case for the plaintiff having closed on the previous 
evening, 
Mr. O’Hagan, Q. C., addressed the court and jury in stating 
the case for the defendant. He stated that his client was a 
stranger to Mr. Foote, and had never seen the horses which 
he (Mr. Foote) had for sale, until Mr. Levingstone mentioned 
xxvii 6l 
