VETERINARY JURISPRUDENCE. 531 
was sound. He would not have sold the horse to Mr. Ryan, had 
he known that he was spavined. 
Mr. Smith proved that on the 7th of May he had examined the 
horse in question, and certified that it was at that time unsound. 
Mr. Small had denied Mr. Smith’s capabilities, but he had 
transacted business with Mr. Small and Mr. Lillyman for years, 
and told Mr. Ryan that Mr. Small had deceived him, although, 
agreeably to a bill read in one of his Banbridge bills, that in the 
veterinary department the same Mr. Smith was a person com- 
petent to examine horses as to soundness, and also to operate and 
prescribe; and had announced that Mr. Smith would reside at 
Mr. Small’s establishment at Banbridge, which was under the 
patronage of the most noble the Marquis of Downshire, and that 
Mr. Small of Newry and Mr. Marshall of Armagh would attend 
every Monday. 
John White proved that, on the 7th of June, defendant certified 
that the said horse was bone-spavined. 
Another witness, John Byers, was present, when on the 14th 
of May the defendant examined the horse, and said he never 
would be spavined. 
Mr. Quin handed up other authorities to induce the Barrister to 
admit that he had jurisdiction : his Honour was reluctant, but yet 
heard the arguments used to induce him to allow it. 
Mr. Small admitted the certificates: a horse may be sound, and 
yet in one week changes might occur in the state of the animal ; 
adding, if the plaintiff let the horse rest under his medical treat- 
ment, he would in a week be able to give him a sound certificate 
again. The certificates were then read, and following are copies : 
“ Small's Horse Bazaar , March 1 , 1850. 
“ 1. This is to certify that I have this day examined a bay horse by request 
of Mr. John Conolly, which is at present sound.” 
“ M. Small, V. S.” 
“ 2. This is to certify that I have this day examined a six-year-old bay 
gelding at the request of Mr. Simon Ryan, which is at the present time 
unsound, having bone spavin on both hocks. 
“Wm. Smith, Veterinary Surgeon.” 
“ May 7th, 1850.” 
The following was on the back of No. 1 : — 
“ 3. I certify that, having re-examined the bay horse, of which this is a cer- 
tificate of a former opinion, he still continues perfectly sound. Fee 5s. paid. 
“ M. Small.” 
“ Armagh, May 14, 1850. 
“4. This is to certify that I have examined a bay horse by request of 
John Wite, which is unsound, having an enlargement of the flexor tendop of 
the near hind leg, and bone spavin on the off’. 
M. Small.’ 
