404 
ON WARRANTY 5 &C, 
“warranted sound,” actually proved so or not . And very pro¬ 
perly has our law passed over a point which, in the light we have 
just sec it, must appear so valueless and unimportant. But if, 
with the French, we are to regard the “ perceptibility of the 
defect itself,” the question assumes, at once, a degree of 
importance, and becomes fraught not only with interest, but 
with an intricacy often beyond our art to unravel. Who, 
for example, is to determine whether cataract in every stage, 
or spavin in all its forms, or lameness, from whatever cause, 
in all its degrees, are to be accounted “perceptible” defects 
or not? Who is to decide whether such a one, or such 
another person (their qualifications and experience in such con¬ 
cerns being widely different) ought or ought not to have observed 
such defects at the time of purchase ? In fine, we repeat, we 
cannot see what help this notion of perceptibility affords us, 
unless it be intended to denote the actual knowledge of the defect 
by the purchaser; a case in which a man would hardly make the 
purchase at all, or, at least, not at a price demanded for a sound 
animal.” 
Glanders. 
u In confirmed cases there can be no doubt or dispute on the 
subject: in others there may occur both. A horse may have a 
discharge from the nose; may have painful enlargement of the 
glands or cellular structure underneath the jaw; and the pur¬ 
chaser, out of pure apprehension, may wish to return the animal, 
although there may be no certainty or probability even of the 
glanders ensuing. Nevertheless, the veterinarian, knowing un¬ 
der what variety of forms glanders may lurk, cannot decide that 
the bargain is valid, or that the animal is not glandered : he will 
require that the animal be properly treated for a fortnight, during 
which period the malady, should it be but simple catarrh, will 
pass off; or, should it have been but the mask of some other 
affection, the latter will probably develope itself. Should it 
not, however, in the course of that time, a few days more must 
be allowed: after which simply the continuance of the disease 
(doubtful as it still appears) renders the subject strongly suspi¬ 
cious ; and, for that reason only, by the law returnable. On the 
same principle, that it is illegal to offer a horse for sale that is 
only suspected of having glanders.” 
Far a/. 
c % 
“The law framed especially for glanders, on account of its 
contagiousness, also holds good in cases of farcy. This disease, 
in general, admits not of any difference of opinion regarding its ex¬ 
istence : should, however, any simple cuticular eruption assume 
