VETERINARY JURISPRUDENCE, 
253 
James Morley, jobber, was at Partney fair, and sold Mr. King tbirty- 
three sheep; they were part of the flock of Mr. Preston, of Dalby; none 
of them were scabbed. Had never said it was the habit of the defendant 
to sell scabbed sheep. 
By Mr. Toynbee.—Perhaps I sell at Partney 2000 in the course of a 
year. I never knew sheep bought in the fair to be returned. It is not 
common to have scabbed sheep in this neighbourhood. 
William Everett had been a drover for twenty years, and took these 
sheep from Partney to Stewton. When on the road he observed some of 
them turn and “nag” themselves. Tlie wool was in a rough state. He 
caught one, and found on it a few “ wormsit had been dressed on the 
middle of,the back. The “ worms” were situated just above the tail. 
By INIr. Toynbee.—The sheep he caught had been dressed with some¬ 
thing dark; it might have been sheep salve. 
George Crow, shepherd to Mr. King, at Stewton, helped to examine 
the sheep when Mr. King came on the Monday. There were scabs on the 
bficks and shoulders of three or four of them. The scabs had risen half an 
inch in the wool. He had salved them twice ; they were not cured yet; 
in all sixty-two had the scab. They were all marked with the letter C. 
Joseph Kitchen, Mr. King’s Orsmby shepherd, corroborated this 
evidence. 
Mr. Frederick Sooby occupies a large Wold farm, near Louth, and has 
some acquaintance with the scab. AVent with Mr. King to examine his 
sheep, and found several with the scab, which they must have had some 
time when he saw them. Pie once sold a lot of sheep to Mr. Mawer, at 
Partney, which were afterwards discovered to be scabbed, and he directed 
Mr. Alawer to return them, and he gave him back the money. He feared 
that if he allowed them to be sold by Mr. Mawer he should have many 
actions brought against him. 
Mr. Thomas Mason, auctioneer, Louth, said, in reference to the custom 
at fairs, it was his impression that in a public fair a sound price implied 
a sound animal, and that in this case it was not unreasonable to ask for 
£50 as compensation for the loss sustained. 
John Foster. —I have been a farmer several years, and keep about 700 
sheep. I always understand that I am buying sound sheep in a market or 
fair. I never look for disease, because I expect I am buying sound sheep. 
Thomas Horton. —I have bought sheep for twenty years. I never 
examine sheep when buying in a market to see if they have scab. If 
they looked bad I should examine them. It is not the custom to ask 
questions as to scab. Giddy sheep or those affected with water on the 
brain are returnable. It is not customary to examine sheep minutely in 
a fair, because it is not expected that they are scabbed. 
By Mr. 'Toynbee.—Mr. Byron never asked me about having scabbed 
sheep. If I bought such sheep I should keep them for the day at least, 
and sell them if I could. If I sold sheep in a fair which I knew to be 
affected I should have the fear of the County Court before my eyes. I 
think the custom is if sheep are sold in a fair as sound, which afterwards 
turn out to have been affected with scab, the person selling them is liable 
to take them back. I have never known that custom acted upon. 
Mr. Toynbee objected to any evidence as to custom ; it would, he said, 
be contrary to the common law. 
V 
Mr. Allison .—I rely upon the dictum of Justice Heath, and that when 
we go into our fairs we have sound stock. 
His Honour. —AVhat I want to make out is that the vsheep were set 
down as sound : the point really is scab or no scab. 
Samuel Hobson. —I have been a AVold farmer for forty years. I have 
