353 
ON WARRANTY. &C. 
practitioner to say, whether the interval of delay has been only 
such as the case admitted of; because the case may be one of 
that description which would lead him to doubt whether he 
ought to date its origin anterior or posterior to the sale; and, 
therefore, the clause, “ consonant with the customs of the place,” 
is added, in order to relieve the judge, in some measure, from the 
embarrassments of such an arbitration. When ordinary local 
usage cannot decide upon the question, u the wisdom of the 
judge” is the resource. 
According to the law (No. 3), a vender may disengage him¬ 
self from all responsibility incurred by warranty, providing he 
stipulated beforehand, that he would not he amenable for defects 
of any description , unless it be in the case of contagious mala¬ 
dies : and in regard to them, in order to guard the public against 
any dangers arising from the spread of glanders (in particular), 
it has long been enacted, that no animal so infected , or even sus¬ 
pected to be so infected, shall be sold , or exposed for sale , under 
any circumstances whatever . 
PART SECOND. 
Of the Defects and Maladies of Domestic Animals , which render 
them unsound*; and of the Precautions to be taken in the 
examination of Animals suspected to labour under them . 
“ Some persons have contended, that such defects and mala¬ 
dies were but few in number, since little could be concealed from 
competent judges, and it became every such purchaser to open 
his eyes. In answer to which (saysM. Huzard) it may be said, 
1st, that it is often in the pow T er of the vender to impose upon 
even the veterinarian himself, and the most experienced dealer; 
2dly, that in certain situations, such as fairs, where the bargain 
is made, time or opportunity is not afforded for sufficient trial .” 
“ Other persons have taken up the position, that a warranty, 
be as full as it may, is still inadequate, in certain cases, to pre¬ 
vent deception; and that it would be better to dispense with it al¬ 
together, since, in that case, purchasers would take more pre¬ 
cautions, be more fastidious, and be less deceived : hence the 
numerous disputes, so hurtful to commerce, would be dimi¬ 
nished.” 
“ Admitting, however, that these disputes are injurious to 
commerce, would not the state of uncertainty in which the pur¬ 
chaser would be left without such a thing as warranty at all, prove 
still more so ! Is not warranty one of the grand means of iacili- 
* By which is meant, returnable to the vender. 
