THE LAWS OF WARRANTY. 
333 
white, so confuses the jury that the verdict in most cases is 
returned contrary to the evidence, and the unfortunate vete¬ 
rinary surgeons, at the least on the loser’s side are credited 
with not telling the truth. A bill introduced to Parliament 
to simplify the law would, no doubt, meet with strong oppo¬ 
sition from the legal members, as horse cases being invariably 
undertaken by men of means, afford ample scope for the 
exercise of their professional talent in lessening the contents 
of their clients’ pockets. What with the repositories now 
opened throughout the country, where horses change owners 
in vast numbers, it behoves the profession to be well 
up to the tricks of the trade, some of which closely border 
on swindling, such as “ setting a piper,” bishoping,” &c .; 
and while some establishments ignore warranties altogether, 
others warrant nearly all the horses they sell, the vendors, 
probably in many cases, running the chance of having them 
returned, as they discover that to warrant increases the price. 
As on this point the law seems very clear—that is, so 
far as regards vexatious litigation, I beg to introduce an 
extract from ‘ Roscoe’s Digest of the Law of Evidence on the 
Trial of Actions at Nisi Prius When a horse is sold by 
private sale at a repository for the sale of horses, where the 
terms of the sales are painted upon a board fixed up in a 
conspicuous situation, a purchaser must be taken to be cog¬ 
nizant of those terms, though nothing is said respecting them 
at the time of sale; and if one of the terms is that the horse 
being found to be unsound must be returned within twenty- 
four hours, zl must he complied with, though the unsoundness 
is of such a nature as may not he discovered within that 
twie.’’^ 
If all the dealers were to combine, and have such a tablet 
erected in their yards or places of sale, and sell and buy 
(the latter equally as important as the former) only according 
to those conditions, it would soon be acknowledged as the 
custom of the trade ; and as the vendee has in his favour, 
under the present law, about ten chances to annul his 
bargain to one of the vendor, in compelling him to adhere to 
it, the buyer would then trust less to his own judgment at 
the time of purchase, but would rather call in a veterinary 
surgeon to give his opinion previous to the completion of 
such purchase, thus at the same time increasing our social 
position and our incomes, and avoiding litigation, which is 
prejudicial to every one engaged excepting the lawyers. 
Roscoe says, In selling a horse the word ^ warranty ’ is 
not essential, but there may be a mere representation or 
opinion of the seller, without any intention on either side to 
