IN THE GERMANIC STATES. 
205 
appendix there are added certain instructions to the veterinary 
surgeon, together with a description of each of the prohibited dis- 
eases. 
The 1st section abolishes all anterior usages and customs with 
regard to the soundness or unsoundness of horses. 
The 2d extends all the regulations respecting the sale of horses 
to the exchange of them likewise, 
The 3d enumerates the faults and diseases which constitute un- 
soundness, and which are AMAUROSIS either in one or both eyes, 
SPECIFIC OPHTHALMIA in one or both of them; RESTIVENESS, 
GLANDERS, FARCY, ALL DISEASES OF THE RESPIRATORY ORGANS, 
MAD STAGGERS, IMMOBILITY, DEAFNESS, MANGE, and EPILEPSY. 
4. No complaint can be heard when the sale has taken place in 
an open market, or when the horse has been sold by judicial autho- 
rity, or sold in a lump with other commodities, as house, or land, 
or furniture, &c. 
5. Without some especial understanding, the purchaser cannot 
bring his action for any other unsoundness than those enumerated 
in section 3, not even although it should be of so serious a nature 
as to lessen the value of the horse one-half. The seller may, how- 
ever, by an especial understanding, exclude from the warranty any 
particular unsoundness, or unsoundness of every description ; but 
this convention is only taken into consideration by the judges 
when the purchaser does not deny it, or it has been written and 
signed by him, or the contract was entered into before the tribunal, 
or is confirmed upon oath. No other proof is admitted, and the 
testimony of witnesses is particularly excluded. No proof on the 
part of the seller that the horse has acquired the disease or the 
fault, since the time of sale is admitted. 
6. This section authorizes the purchaser to prefer his complaint, 
even when the horse has not any of the specified diseases or faults, 
if he can prove that deceit has been used, and that, if it were not 
for that deceit, he should not have purchased the horse. In such 
case the vender is not only compelled to indemnify the purchaser, 
but he is summoned before the tribunal, and punished in propor- 
tion to the nature of the fraud. The same thing takes place when 
a person sells a horse which he knows to have been stolen. 
7. The duration of the warranty is thus arranged , — eight days for 
AMAUROSIS and RESTIVENESS ; twenty-eight days for OPHTHALMIA, 
DISEASE OF THE RESPIRATORY PASSAGES, and MANGE ; and six 
weeks for FARCY, GLANDERS, IMMOBILITY, VERTIGO, DEAFNESS, 
and EPILEPSY. For each of these faults the tribunal will pronounce 
the cancelling of the agreement ; and the vender will be compelled 
to return to the buyer the price which he had given, with interest 
at the rate of five per cent., and also to fetch back the horse at his 
