WARRANTY AND SOUNDNESS. 
363 
This, however, was superseded by the Code Napoleon, which 
enacts (Article 1641 of the civil section), that all contagious 
diseases, and besides these, roaring, epilepsy, intermittent 
lameness, chronic affection of the lungs, in all domestic 
animals ; crib-biting (even without the marks of this being 
shown by the teeth), periodic ophthalmia, and all other dis- 
eases, defects, or vices, which are not perceptible to a com- 
mon observer at the time of sale (< defauts , vices, ou maladies 
caches ), shall be subjected to the law of redhibition. 
In Article 1648, the time is fixed for ordinary cases at 
nine days, twenty for intermittent lameness, and one month 
for epilepsy and ophthalmia. No action can be brought it 
the purchase price is less than fifty francs. 
In 1838 a new law was passed, which provides against the 
following diseases. 
In the horse, mule, and ass , periodic ophthalmia ; epilepsy ; 
glanders; farcy; chronic disease of the lungs; immobility; 
broken wind ; chronic roaring ; crib-biting ; intermittent 
inguinal hernia, and intermittent lameness. 
In the ox species, pulmonary phthisis; epilepsy, and the 
consequences of the retention of the foetal membranes and 
inversion of the uterus and vagina in the cow, parturition 
having taken place while the animal was in the vendor’s 
possession. 
In the sheep, clavclee or smallpox, one case of which renders 
the whole flock liable to be returned, provided they bear the 
mark of the vendor; sang de rate of the French and milzbrand 
of the Germans, a kind of apoplexy of the spleen, very fatal 
on the Continent, but little known in this country. The 
liability, however, is only when the loss amounts to one 
fifteenth part of the number sold, and when, also, the 
animals bear the mark of the vendor. 
The legal proceeding is somewhat different from ours, 
inasmuch as the magistrate is compelled to appoint one or 
more qualified veterinary surgeons as experts , to whom the 
following precept is sent ; “ We, A. B, Justice of the 
Peace, &c., charge C. D., veterinary surgeon, to examine 
and report on the maladies, defects, and vices, by which the 
said animal may be affected.” According to this proces 
verbal , as it is called, the court generally decides, or should 
any contest arise, then another qualified veterinary surgeon 
is named as umpire. 
This way of proceeding is certainly very simple, and less 
expensive than the one adopted in our courts, inasmuch as 
lawyers are mostly dispensed with. The main questions 
are, whether the defect or malady is one of those specified by 
