254 
VETERINARY JURISPRUDENCE. 
never asked the question, and have never been asked in any fair, whether 
the sheep were scabbed. I take it for granted that they are sound, 
because they are there, and that they are offered as sound stock. 
His Honour. —What I want to have established is that sheep shall be 
sound when offered in a fair. 
31r. Allison. —What 1 mean is that when sheep are offered in a fair 
there is an implied warranty. 
Thomas Stones was at Partney fair and bought some sheep of Mr. Smith. 
A few days after saw one rubbing herself. I caught her and found she had 
the scab. She infected the flock. I told Mr. Smith of it at Horncastle 
fair. He said it was a bad job: he had turned out eighty that day, 
which had never been offered for sale. He said he had received a 
letter from Mr. King saying his sheep were also scabbed. 
By Mr. Toynbee.—Mr. Smith said he had sent them out of the fair. 
John Fisher. —I am a farmer at Sutton-on-Trent. My impression is 
that when I am buying sheep at a fair I am buying sound animals. At 
the last Partney fair I bought eighty of the defendant, and in about a 
fortnight after I found they were scabbed. This is the first time I have 
been so taken in. 
By Mr. Toynbee.—I had the sheep ten days before I found that any 
of them were scabbed. I never took any steps to find out where 
Mr. Smith lived. I thought it better to cure them if I could, and make 
the best of a bad bargain. 
William Hornhy. —I am a farmer, residing at Sutton-on-Trent. I was 
at Partney fair. I consider there is no custom but a mutual understanding 
between buyer and seller that the stock is sound. I never ask if sheep 
are scabbed. My sheep have the scab, and I have no doubt it came from 
Mr. Smith’s sheep. It was about ten days after Partney fair when I 
discovered it. The disease was then about two months old. There is no 
mistake about it. 
Henry George Graves. —I breed largely, and attend the Lincoln and 
Caistor fairs. I always expect when an animal is sold in the market it is 
a good and sound animal. I have sometimes sold a giddy sheep, not 
knowing it to be so, and on its being discovered have either taken it 
back or given the difference in value. 
Mr. lliomas Brooks, of Croxby, and Mr, John lies, of Binbrook, gave 
similar evidence. 
Mr. William Altai, of Glinton, Northamptonshire.—I buy and sell 
sheep. When sheep are offered we understand they are sound. I once 
bought some scabbed sheep, and returned them. I bought them of a 
jobber, and on finding they were scabbed threatened him with an action, 
and he took the sheep back and returned the money. 
Mr. D. Gresswell, veterinary surgeon, Louth, proved that the sheep 
had the scab at the present time. From what had been stated respecting 
these sheep was certain that they did not become infected after Partney 
fair. They could not have been infected for less than five weeks at 
that time. The scab would be visible in about ten days after exposure 
to the contagion. 
James B. Simonds, Professor at the Royal Veterinary College, London, 
minutely described the disease from the first existence of the acarus — 
scab insect—upon the skin until the malady became fully developed. He 
also exhibited several specimens of the insect, and some highly magnified 
drawings of it. In the sheep in question he had no doubt that the disease 
would have been visible before Partney fair. 
Richard Bradshaw. —I am a farmer and a valuer. If I sell sheep in a 
fair or market I should expect to sell them as sound, and if I wanted to 
