I.AWS OF WARRANTY IN THE CxERMANIC STATES. 487 
Baden. 
With some variations not devoid of interest, the laws of war¬ 
ranty are the same in Baden as in Wurtemburgh. In case of 
diseases recognized by these laws, or in consequence of a mutual 
understanding between the parties, the purchaser has the right 
of demanding at his pleasure either the-annulment of the bargain 
or the return of a certain portion of the price. When in this 
case of conventional warranty no precise time is fixed, it is sup¬ 
posed to extend to four weeks and three days. When the con¬ 
tract for sale is not precise and clear, either an abrogation of the 
bargain or a diminution of price may be determined on, accord¬ 
ing to the option of the parties. 
In case of abrogation of the bargain, the vender must take 
back the animal if it is still living, and not only restore the money 
paid, but defray every expense that may have been incurred. 
When it can be proved that the seller was aware of the un¬ 
soundness at the time of sale, he shall not only restore the money 
paid, and indemnify the purchaser for any inconvenience or loss 
which he may have sustained, but he shall also be fined a sum 
equal to one-tenth of the price of the animal. 
When the flesh of an animal destroyed on account of unsound¬ 
ness can still be used, the sum awarded to the purchaser will be 
regulated by the diminished value of the meat, and the expenses 
actually incurred. 
The expiration of the warranty is calculated from the day and 
the hour of the contract; and the time having passed, the buyer 
is deprived of all remedy, except in cases of fraud or conven¬ 
tional prolongation of the warranty. 
Three persons appointed for the purpose, either veterinary sur¬ 
geons, or, in default of them, farriers or butchers, must prove the 
existence of the breach of warranty, by visiting and examining 
the animal in the presence of one of the presiding officers of the 
court, and of the parties or their representatives. The proch 
verbal must be written immediately, and transmitted to the parties 
within twenty-four hours after such examination. The descrip¬ 
tion of the state of the animal must be drawn up immediately 
after the visit, under pain of vitiating the whole proceedings. 
In the absence of the vender, whether accidental or designed, 
his representative shall be named by the court. 
There is no regular appeal against the sentence of the judge; 
but in certain circumstances proch verbal may be submitted 
to the examination of the board of health of that district. 
When the examination of a living animal has been conducted 
according to law, it needs not to be repeated ; but the opening of 
