692 
OBSERVATIONS ON THE LAW OF WARRANTY. 
disease, or its seed, in this case? The animal has a con- 
genital malformation, which causes him to be perfectly 
useless ; but certainly he is free from disease. Are there 
not many knock-kneed men in existence who live as long 
and are as free from ordinary affections of their legs as 
others ? The malformation is an “ eye-sore,” and nothing else. 
In the case I have named a malformation in the shape of 
the bones is present ; and may there not be malformation in 
the size of the bone as well as in its shape ? Such is my 
answer to the question of — Does congenital malformation 
constitute the seeds of disease? No man, I think, would like 
to put himself forward as a prophet, or to place himself on a 
level with a fortune-teller. Who can foresee disease ? It may 
be a very good hobby for some people to ride; but I think 
that they would make a sorry figure before a limb of the 
law well versed in those matters. A man may have his 
opinion upon the point; but I do not think he would be 
justified in giving full utterance to it before the public. 
In answering the third question — How far does the treat- 
ment of a disease which once affected the animal establish 
the existence of the “ seeds of disease ?” — I may remark that, 
doubtless, a difference of opinion may arise on the fact as to 
whether the disease has left the part as nature first formed it, 
or whether its structure is altered in any way. If parts 
are in their natural condition, then, doubtless, the animal is 
a sound one ; but if there are still visible indications of 
disease having existed, it would without question be a case 
of dispute. 
The safest course for the veterinary surgeon to take 
appears to me to be the giving of a certificate setting forth 
that he found certain marks indicative of pre-existing dis- 
ease ; but that at this time there was a total absence of all 
the ordinary signs of active disease. Were it my own case, 
I should also give my opinion as to the future consequences : 
in fact, that while I did not pass the animal as a sound one, 
I should state that the appearances of prior disease were 
not detrimental to him as a slave. 
To illustrate this position, -let us suppose a horse has been 
fired, and I should consider that such an animal is for ever 
unsound. Here are the marks of treatment for a disease ; 
if none ever existed, why was the animal fired ? Is there any 
known disease in which firing will cause the parts to be left 
as nature formed them? The operation may have assisted 
in the cure ; but, of itself, will it entirely cure? 
There are veterinary surgeons who argue that a fired horse 
is not an unsound one; and, further, that the act of firing 
