204 
THE LAWS RELATING TO WARRANTY 
fall on the seller, unless he can prove that the disease which was 
the cause of death arose from circumstances occurring posterior to 
the sale. When the disease develops itself more than twenty -four 
hours after the delivery, the loss must fall on the purchaser, unless 
he can prove that the malady existed before the delivery. When 
pigs within the space of eight days after the sale are attacked with 
MEASLES, it is presumed that the disease existed antecedent to the 
sale : the same is the case with SCAB in sheep, and PHTHISIS in 
cattle. This presumption holds equally good in the horse, as it 
respects RESTIVENESS within four days ; GLANDERS, FARCY, and 
MANGE, within fifteen days ; and BROKEN-WIND, AMAUROSIS, 
and OPHTHALMIA, within four weeks after the delivery. 
In many parts of Prussia the warranty extends to four weeks 
with respect to cattle, as it regards MANGE, ASTHMA, and COUGH, 
and six weeks with regard to PHTHISIS and ABSOLUTE REFUSAL OF 
FOOD. As to sheep, the warranty extends to fifteen days , as to 
the ROT, PHTHISIS, or TURNSICK ; and, finally, in pigs to fifteen 
days for MEASLES, three weeks for PHTHISIS, and four months for 
SCAB. 
Saxony. 
In Saxony there are no established laws with regard to traffic in 
cattle, except this, in force at Magdeburgh, may be considered 
one, — that a person who sells a horse to another with a warranty 
does warrant him against being RESTIVE, AMAUROTIC, STOLEN, or 
FOUNDERED. The purchaser bringing an action against the seller, 
has no chance of succeeding, unless he can prove, which he is 
seldom able to do, that the vice or unsoundness existed before the 
sale. It is on this ground that there are so few actions on the 
warranty of animals in this country. In the trial of these actions, 
the judges always propose certain questions to some professional 
men ; but they have a right to decide, and occasionally do decide 
contrary to the opinion of these persons. The same custom exists 
in the Grand Duchy of Saxe- Weimar, in the Duchies of Saxe- 
Rottenbourg, Saxe-Cobourg, and Saxe-Menningen, and also in the 
principalities of Anhalt and Schwarzbourg ; but in the Duchy of 
Saxe-Gotha there is an especial law on this subject. 
Saxe Gotha. 
A law bearing date the 29th of March, 1790, and, perhaps, the 
most complete one of all those by which the commerce in horses is 
regulated, contains an enumeration of all the diseases which con- 
stitute unsoundness — the duration of the warranty, and almost 
every other particular which can bear upon the subject. As an 
