VETERINARY JURISPRUDENCE. 
2iG 
withstanding the very able pleadings submitted to him at the 
rehearing of the cause by the defender’s counsel. 
As regards that branch of the issue which relates to notice 
of the unsoundness to the defender, the recognised principle 
is, that the time within which notice should be given to the 
seller depends mainly upon the period when the unsoundness 
is discovered. In this case, although tenderness in the fore 
feet was shewn early after the sale, the pursuer has reasonably 
accounted for his continued belief that no cause of permanent 
lameness existed in the gelding until it became so much 
worse as to lead him to require the services of a veterinary 
surgeon ; and immediately thereafter he intimated the un- 
soundness to the defender. In the proved circumstances, 
the Lord Ordinary considers that no case of undue delay 
exists, and that notice was given within a reasonable period 
after discovery of symptoms of the unsoundness which has 
been proved. (Initialed) J. C. 
Second appeal. 
Unto the Right Honourable the Lords of Council and Ses- 
sion, the Reclaiming Note for Samuel Wordsworth , proprietor of 
Her Majesty’s repository, Nottingham-place, Edinburgh; in 
the action at the instance of John Balfour , Tacksman of Gilston, 
in the county of Edinburgh, against the said Samuel Wordsworth . 
That in the said action, Lord Cowan, Ordinary, w r as, of 
these dates, July 20, and December 3, 1833, pleased to pro- 
nounce the prefixed interlocutors, which are humbly sub- 
mitted to the review of your lordships. 
“ May it therefore please your lordships to recall and 
alter the interlocutors submitted to review ; to sustain 
the defences; to find that on the questions of law r 
arising upon the evidence as appearing in the notes 
of the Lord Ordinary, the defender is entitled to a 
judgment in his favour; to assoilzie the defender from 
the whole conclusions of the action, with expenses ; 
or to do otherwise in the premises as to your lordships 
shall seem proper. 
“ According to Justice, &c. 
“G. H. Pattison.” 
“This second Appeal, on the ground that the horse w^as 
not returned immediately Mr. Balfour found him lame, was 
heard in the ‘Inner House’ about the beginning of last 
autumn, and the original finding of the Lord Ordinary 
confirmed, with all the additional costs. The Court expenses 
alone amounting to £332.” “ J. Horsburgii.” 
