628 
VETERINARY JURISPRUDENCE. 
chains. Mr. Boden asked £45 for it; he said that it had had the 
influenza three times, and was not quite recovered, but if worked 
gently for a short time would make a good horse. Before agreeing 
for the purchase, Swaine, after running the horse about, put it into 
the stable, began to examine him, Mr. Boden being there. Passing 
his hand down the near fore fetlock joint, Swaine said, “ Here’s a 
lump here.”—“ I am not aware of it,” observed Mr. Boden. Swaine 
replied, “I will not turn my back upon any veterinary surgeon; 
and I say there is.” Mr. Boden then examined the leg, and said, 
“ this is nothing, man; however, I will warrant him sound, and, if 
Mr. Kenworthy does not like him after he has used him a bit, I’ll 
take him back.” He, witness, then paid £45, receiving back half a 
sovereign, and a warranty that the horse was “ sound and perfect,” 
drawn up by the clerk and signed by Mr. Boden. The horse was 
taken charge of by Swaine; and Mr. Ashton the book-keeper at the 
collieries, Lees the carter, and other parties, received particular 
instructions as to working the horse very gently, inasmuch as it 
was labouring under influenza or cold. Went in three weeks after 
to Leamington and London, and returned on the 20th of May, when 
his attention was drawn to the condition of the horse, which had 
fallen lame. Sent for Swaine, and it was examined by Mr. Wor¬ 
thington, veterinary surgeon, Manchester, and, in consequence of 
his reporting the horse unsound, it was sold at the Manchester 
Repository for £30. Paid £1..10s. as commission for selling, so 
that, in truth, it only realized £28.. 10s. in money. The keep was 
3.?.. 9cl. ; and two veterinary surgeons’ fees were paid out of it. 
Have lost a good deal of work by the animal falling lame; we paid 
3.5. or 35 - .6d. a-day, and their keep, for the use of other horses ; 
that is the minimum price. The keep of a horse will average from 
15.5. to 20.5. a-week, as we give them plenty of corn. [ Laughter .] 
Cross-examined by Mr. Wm. Vaughan. —Before witness went 
to London nothing was said about the lameness; came down for a 
short time in April, but did not go to the works; heard nothing 
then about the enlargement on the foot. When the men did com¬ 
plain about the horse not going on very well, thought it arose from 
the influenza. There was no qualification in the warranty about 
taking the horse back again. Have not had much experience in 
horses; what he had had, he had paid dearly for. [ Laughter .] The 
horse had been engaged in gentle work, such as carting coal and 
coke, and occasionally dirt, sometimes alone and sometimes with 
other horses. Desired the men not to allow the horse to take coal 
more than two or three times a-day. This horse, the grey, was 
generally worked with an old horse. Mr. Wm. Mellor, of Ashton, 
went to Mr. Boden’s about it. The horse was sold by public com¬ 
petition at the Repository inconsequence of a dispute, and it was 
so stated in the notice of sale. Understood Mellor to say that he 
