ON WARRANTY, &C. 355 
even dangerous to make use of; in which case he is, without 
doubt, according to law (No. 1), returnable to the vender.” 
M. Huzard is of opinion, that restiveness has its origin, in most 
horses, in defective vision: an observation well deserving atten¬ 
tion from us. 
“ But, supposing the animal is capable of the services for 
which he was purchased, still, the circumstance alone of his be¬ 
ing vicious, renders him returnable; because it may lead to seri¬ 
ous mischief.” 
u Even the case of a mare being so disposed during the season 
of her horsing comes under the same law, providing no warning 
be given of this evil propensity by the vender.” 
“ It may happen, however, especially with timid horses, that 
they become restive from the unsuitable or harsh treatment of 
their new owners; or the case may prove an extremely hard one to 
decide, whether the evil existed before purchase or not. In such 
an example it would be prudent to place the horse, for a time, in 
the hands of some other disinterested party, under whose mild 
management the case might develop its veritable nature.” 
Lameness. 
u Nothing oftener gives rise to contestation in horse-dealing 
than lameness. It matters not how much the lameness depreci¬ 
ates the animal, • or to what extent deception has been practised : 
let us see, then, upon what the question of returnability for lame¬ 
ness really hinges. 
“ Any lameness perceptible at the time of sale, or that may 
arise posterior to the sale, cannot form a plea for return: that 
lameness alone comes within the pale of the law, the cause of 
which existed prior to sale, but which, itself, was not apparent 
at the moment the deal was made.” 
Taking this view of the subject (which is in perfect consonance 
with the present law in France), M. Huzard distinguishes five 
kinds of lamenesses. 
“ The first kind comprises lamenesses the consequences of con¬ 
tortions or over-actions of the joints or muscles, or of wounds ; 
which are manifest enough at the time the animal first leaves the 
stable, but which, from work or exercise, gradually wear away. 
In such cases as these fraud is easily practised : but they all, evi¬ 
dently enough, demand a return. They are detected by alter¬ 
nating the states of action and repose.” 
[To be continued.] 
