208 
WARRANTY OF HORSES. 
to a certain class of men. They perfectly understand the 
simplicity of the process by which an animal maybe rendered 
unsound to the satisfaction at least of both judge and jury, 
and they are not slow to profit by it. The threat of return- 
ing a horse often leads to a compromise, by which a little 
money is ee drawn,” even when there is no serious desire to 
repudiate the bargain. But should such a desire really exist, 
the annoyance is generally continued until the seller finds 
himself compelled either to ee fork out” rather strongly, or, 
what is worse, defend an action in which, notwithstanding 
the strongest conviction of his being in the right, as I have 
shown, the chances are something like three to one against 
his obtaining a verdict. Is there any wonder that such a 
man, having other equally easy and profitable means of 
employing his capital and his land, abandons the breeding of 
horses of this character altogether, or that his neighbour 
should follow his example ? I believe the truth of this 
remark will be readily admitted by all, whose associations 
have led them much amongst breeders of horses. In the 
course of my own observations I have met with many such 
examples. In fact, I have no doubt that this has tended, 
quite as much as any other single cause, to produce the 
deterioration of which I have spoken. 
The practical deduction from all this, and which I am 
anxious to enforce, as it is in some measure suggestive of 
the remedy, is sufficiently obvious. The present form and 
system of warranty is bad. In its operation it is productive 
of much wrong and injustice, a great deal of evil and very 
little good. It is unfair, the advantages being all on one 
side, and it imposes far too much responsibility on the party 
who gives it. What has been said may probably lead some 
men to recognise that responsibility more fully, and they 
may be saved some trouble, since they will be more likely 
to take care how and to whom they give warranties, and if 
so, I shall not have written in vain. It is true the present 
system has been too long established to be easily got rid of, 
but much may be effected by a firm and determined course 
of action. To me it has long appeared that the purchaser 
ought to be satisfied with a protection from fraud, and that 
some form of warranty which would effect this much is all 
that in reason ought to be required. If, for example, instead 
of the expression, i{ warranted sound and free from vice,” 
usually appended to the receipt, the words “ which I believe 
to be quite sound and free from vice,” were substituted, the 
evil would be at once got rid of, and the good would remain. 
For to prove a breach of such a warranty, it would be 
