COMMERCIAL VETERINARY JURISPRUDENCE. 473 
natural interpreter of the wants and interests of both parties; and 
he has long ago explained the change in the character of his art, 
and has demanded corresponding changes in the decisions of 
the tribunals. The tribunals have accorded these changes, and 
have established them. 
M. Dunot, in his Treatise on Precedents, says “The facts on 
which custom is established should be just and reasonable; they 
should have in them nothing contrary to law natural or divine, 
to good morals, and government or public right; they should be 
authorised by the law of justice and equityand, a little farther 
on, “There is nothing in any positive human law which is not 
capable of change. It is expedient that it should be so, because 
a law, at one time just in its principle and in the views of the 
legislature, may become unjust and oppressive by the change of 
times, of customs, and of circumstances.” 
That time has arrived, and the law of usage has been long 
unjust and oppressive. 
Second Question. —In what time should the action for 
unsoundness he commenced? 
Article 1648 of the code says the action should be commenced 
after the briefest delay, according to the nature of the unsound¬ 
ness, and the usage of the place at which the sale was made. 
M. Legat here improperly considers the usage of the place of 
greater importance than the nature of the disease, considering 
that there is something definite in the usage, but very vague and 
uncertain in the nature of the malady. The truth, however, is, 
that the usage of different places is exceedingly different, while 
the unsoundness remains the same. We cannot change the nature 
of the unsoundness in order to follow the usage, but we can mo¬ 
dify the usage, if it is defective, according to the nature of the 
unsoundness. The tribunals of Lyons and of Paris acknowledged 
this when they accorded, contrary to the usage, which says nine 
days, only twenty-four hours for spasmodic affection of the muscles, 
which can be perceived as soon as the animal is sufficiently at 
liberty to indulge in the bad habit. Some usages more reason¬ 
able than others have also endeavoured to apportion the time to 
the nature of the disease; thus in Gascony and Bigorre forty days 
are allowed for glanders and courbature, thirty for ophthalmia, 
nine for broken wind and discharge of bloody urine, forty for 
epilepsy, four months for Van tee (gradual wasting, phthisis ?), 
and three months for the hydatid in the brain and Vamoredat 
(scab ?). The same would be done every where if there were the 
necessary knowledge, and usage is as unreasonable with regard 
to the time allowed in the warranty, as it is in the nature of the 
unsoundness. 
1 here is the greatest variety and disproportion of time allowed 
