EDITORIAL OBSERVATIONS. 
225 
defendant sold the animals with a knowledge of their true 
condition. The result, therefore, establishes that a buyer 
has no claim against a seller in the case of scab in sheep, 
unless a general or special warranty be given, as otherwise 
the rule caveat emptor applies. 
We have, however, to deal with the question in another 
of its bearings, and we ask whether parties should be per¬ 
mitted to bring scabby sheep into fairs and markets with 
impunity, and thus spread the disease far and wide ? It will 
be seen from the following quotations that the law is singu¬ 
larly defective with regard to this point, although very precise 
on others. 
In 1798, an Act was passed, the 38th of George the Third, 
cap. 65, entitled ^An Act for preventing the Depasturing of 
Forests, Commons, and Open Fields, with Sheep or Lambs 
infected with the Scab or Mange, in that part of Great 
Britain called England.’ 
The preamble sets forth that— 
“Whereas there are within this kingdom several forests, chases, woods, 
moors, marshes, heaths, commons, waste lands, and open fields, and other 
undivided and uninclosed lands, capable of yielding great profit, by 
breeding and maintaining sheep and lambs: and whereas several persons 
interested in such lands turn out, keep, and depasture thereon sheep 
and lambs infected with a certain contagious complaint or disorder, com¬ 
monly called the Scab or Mange, by which means such complaint or dis¬ 
order has gradually increased, and will, if such practice be not restrained, 
become general, to the great injury, not only of divers individuals, but 
to the public at large, such complaint or disorder rendering the flesh of 
such sheep and lambs unwholesome, and destroying the wool.” 
Next follows Clause I, which, after praying, “May it there¬ 
fore please your Majesty that it may be enacted,^’ sets forth— 
“And be it enacted by the King’s most excellent Majesty, by and with the 
advice and consent of the Lords Spiritual and Temporal, and Commons, 
in this present Parliament assembled, and by the authority of the same, 
that, from and after the Twenty-fifth day of December, in the year of our 
Lord one thousand seven hundred and ninety-eight, if any person or 
persons whosoever shall turn out, keep, or depasture, in or upon any forest, 
chase, wood, moor, marsh, heath, common, waste land, open field, or 
other undivided or uninclosed land, any sheep or lambs infected with 
such complaint or disorder called Scab or Mange, or shall wilfully and 
knowingly turn out, keep, or depasture, in or upon any such forest, 
chase, wood, moor, marsh, heath, common, waste land, open field, or other 
undivided or uninclosed land, any sheep or lamb which, at any time 
within the space of six calendar months immediately previous thereto, 
shall have been infected as aforesaid, every such person, on being there¬ 
fore convicted on the oath of one or more credible witness or witnesses, 
XXXVI. 16 
