466 REVIEW — THE LAW CONCERNING HORSES, 
because upon it must necessarily be based the entire superstructure, 
of one department at least, of veterinary j urisprudence. Unless the 
question of soundness be satisfactorily set at rest, how can the 
“ law of contracts” in buying and selling horses be equitably 
adjusted 1 That which veterinarians have neglected or been 
unable to do for themselves, we should apprehend judges and juries 
will fail, as they ever have failed, in attempting to do for them ; and 
it is under this great disadvantage that Mr. Oliphant has found him- 
self forced to write on such subjects as soundness and unsoundness, 
warranty, & c. He has however done so, and he has accomplished 
his object in the best manner we could under the circumstances 
expect. He has summoned to his aid our best veterinary author- 
ity, Youatt ; and he has presented us with a most comprehensive 
and useful digest of cases of reference, among which we may find 
parallels to almost any thing of the kind that may occur in future. 
Still, the question of soundness remains substantially unsettled, 
and we are to blame for it. The law has made every provision 
law could make on a question those who ought to have long ago 
settled the point continue so much at fault ; and Mr. Oliphant has 
judiciously arranged and digested what has been done ; and so, as 
far as the law of soundness and warranty is concerned — the “ law 
of contract,” as its legal denomination is — the matter stands, and 
we are afraid is likely to stand, in statu quo. 
“ The object of the present treatise is to lay before the (legal ?) 
profession and the public, in as short and convenient a form as 
possible, the law of contracts concerning horses, whether it be in 
buying, selling, hiring, or in any other manner dealing with them ; 
to ascertain the liabilities incurred by parties either on ‘ the road/ 
through negligent driving, or in * the field,’ by riding over the 
lands of another ; also to explain the present state of the law 
with regard to racing, wagers, and gaming, in connection with the 
recent alterations effected by the Act of V ictoria. In the Appendix 
will be found some very late cases, a few important statutes, and 
some information which may be found useful for general refer- 
ence.” — Preface . 
The following may prove useful hints to such of our readers as 
make it their business or pleasure to traffic in horses : — 
“ The best rule for a man to follow in selling a horse is this : — 
Where the horse is of no great value, to refuse warranty alto- 
gether, and such a horse is best sold by auction. Where the horse 
is of great value, if sound, but that appears doubtful, then to let 
the purchaser be satisfied by a veterinary examination, and to take 
the responsibility upon himself. Where, however, the seller is 
confident that the horse is perfectly sound, and that with a war- 
ranty he would fetch a much larger price than without one, he 
