25G 
VETERINARY JURISPRUDENCE. 
By ]\Ir. Allison.—I never sought redress for buying scabbed sheep. 
]\lr. S/nith, the defendant. — I am a cattle-dealer and a farmer at 
Frieston, near Boston. I had 500 sheep at Partney September fair. I 
bought 100 of Mr. Briggs, 100 of Mr. Oliver, near Spilsby, eighty of 
Mr. Brumby, seventy of Mr. Iloulden, and some others were bought at 
llorncastle. I bought Mr. Oliver’s on the 25th August. They all were 
sent in one drove from Frieston to Partney. They were four days upon 
the road. If any of them had been affected with scab I should not have 
thought of taking them. 1 first sold at Partney 100 to !Mr. Charles 
Bramley; afterwards some to a gentleman near Peterborough ; 204 to 
]\[r. King, the plaintiff; fifty to Mr. Cole; and eighty to gentlemen who 
have been here to-day, but I did not know their names at the fair, as 
they paid in cash. I had no scabbed sheep that I know of. I have sold 
sheep at Partney for many years, but never heard of the custom which 
has been spoken of to-day. I had some sheep at Ilorncastle fair after 
Partney, and finding there was something suspicious about them I took 
them out of the fair and sent them to London. 
William Oliver .—1 occupy a farm under Lord Willoughby d’Eresby, 
at Eresby. I sold sheep to ]\Ir. Smith a short time before Partney fair. 
Neither they nor any of my flock had scab. 
Messrs. David Martin^ Robert Martin, Samuel Smeeton, Longstaff, 
William JEverington, David Briggs, John Byron, John Drury, Charles 
Bramley, Thomas Newton, William Horry, Henry Freshney, Ashlin Cut- 
forth, all respectable and well known as large buyers of sheep in the 
North Lincolnshire fairs and markets, corroborated the evidence of 
Mr. Winder and the other witnesses for the defendant in denying the 
existence of the custom of which the witnesses for the plaintiff had spoken. 
Mr. Toynbee declined to call any further witnesses, although he had 
more than twenty upon his list. 
This being the defendant’s case, Mr. Allison briefly replied. 
His Honour put it to the jury whether they thought there was evidence 
to the custom. 
The Jury .—We are of opinion there is no such custom. 
His Honour .—Then the only question for you, gentlemen of the jury, 
now is, did Mr. Smith sell these sheep to the plaintiff knowing at the time 
they were unsound ? If you are of opinion that Mr. Smith did not 
know the sheep were unsound, the verdict will be for the defendant. 
But if you are of opinion that he dealt unfairly with the plaintiff, and 
knew the sheep were diseased, your verdict will be for the plaintiff. I 
leave the case in your hands to say whether Mr. Smith has spoken the 
truth, and if not you will give such compensation to the plaintiflf as you 
think proper. 
The jury, after a short consultation, returned a verdict for the 
defendant. 
ARMY APPOINTMENTS. 
Veterinary Department. - 
The follow ing acting veterinary surgeons have been per¬ 
mitted to resign their commissions: 
John Henry Burbage. 
John L. A. Poett. 
r.RKATUM IN NO. -1:23. 
At page 131, line 1-1, I'or collapsed rccr/coalesced* 
