690 OBSERVATIONS ON THE LAW OF WARRANTY. 
be easily prevailed upon to do this, or, in other words, they 
will not infringe on the warranty of horses as a law, and let 
the opinion of veterinary surgeons rule in its place. I 
imagine that our great law-pleaders would say that such a 
proposition w 7 as something like “ robbing Peter to pay Paul.” 
The employment of veterinary surgeons instead of lawyers 
may sound very well for one party ; but how does it do 
for the other? Revising the law to them is practically 
removing it altogether. 
Some people may be of opinion that the criminal laws do 
not keep men honest, but still they are necessities, and so, 
in fact, is the law of the warranty of horses, a thing w ? hich 
cannot be dispensed w r ith. Now, if those who w 7 ant to alter 
the law w 7 ere to endeavour to do away with it, so that there 
were no longer any breaches of warranty nor actions for 
damages, they w ould, I think, be much more likely to succeed 
by thus striking at the foundation than by trying to knock 
off one limb of a professional avocation w r hich seems to have 
been instituted purposely that some members of society 
should live and prosper by the folly of others. If they could 
convince our able statesmen that such a step w r ould be an 
advantage to the country, it is possible they might succeed ; 
but, by attempting to alter something merely to benefit one 
professional man to the injury of another, is not likely to be 
accomplished just yet. 
I do not think that the fault of the conflicting statements 
regarding soundness or unsoundness is to be attributed to 
the state of the law 7 ; it lies more with us as a profession. 
There should be, I believe, more forethought exercised by 
many veterinary surgeons before giving an opinion as to 
whether a horse is sound or unsound. Without referring, as 
is frequently done, to any individual’s statement or opinion, 
there should exist in the mind of the profession a greater 
uniformity as to what is disease of practical importance and 
w 7 hat is not. 
If the law states that a disease, or even the existence of 
the seeds of disease, constitutes unsoundness, w 7 e have done 
w r ith that point ; but we should be better agreed upon 
practical defects or diseases. Doubtless, veterinary surgeons 
are agreed that it is easy enough to state whether disease or 
no disease exists. No doubt that gentlemen finding a horse 
very lame from some injury affecting important organs w 7 ill 
be able to say that such an animal is a diseased one, and 
therefore unsound ; but w r e w 7 ant to collect opinions upon 
what are often considered as trifling defects. 
Perhaps some w 7 ill say that these small things are of no 
