veterinary jurisprudence. 
519 
affirmed in the case of Begbie v. Robertson (6, Shaw p. 1014), the rubric 
of which is as follows : “ A mare being sold, warranted quiet in harness, 
but proving liable to shy greatly at meeting stage coaches. Held though 
she was completely cured in a short time after being returned, that the 
purchaser was entitled to refuse her, and was not bound to break her in 
for the use of which she was warranted fit at the time.” The Lord 
Justice Clerk said : “ The horse must be fit at the time he is 
bought for the work he is warranted to perform, and it is not the 
duty of the purchaser to break him in, and though at the distance of 
some months it is shown that the mare is quiet, yet that does not weaken 
the prior evidence as to her unfitness at the time of sale.” 
It is averred on record that the pursuer knew the horse was unsound 
when he sold it. The Sheriff-substitute does not see that that is proved. 
He very likely, as he said, believed it to be sound, and that was why he 
gave the warranty. The horse had been under no professional treat¬ 
ment after its accident, and he probably did not knowhow much it had been 
injured. It had been at rest, and probably was only exercised upon 
grass land, or at all events but gently. 
It is much to be regretted that so great expense should have been 
incurred when the pecuniary interest at stake was so small, there not 
having been a very heavy loss when the horse was sold by auction. The 
pursuer’s claim in any event would have had to be restricted to one for 
the difference between the prices. (Intd.) D. B. H. 
Agent for pursuer, Mr. J. M. Gun; for defender, Mr. J. Geddes. 
COWS, SWINE, AND SMALLPOX PATIENT, IN A COWSHED. 
Edgeware Petty Sessions, June 2nd. 
Present, J. E. B. Cox, Esq. (in the chair), A. R. Johnson, Esq., and 
E. Noel, Esq. 
Samuel Clark , of Church Lane, Hendon, was charged with unlawfully 
keeping swine in a registered cowshed at Prince of Wales’ Road, Hendon, 
in contravention of the Dairies Order of the Privy Council. 
Mr. Offer , County Inspector, said, in consequence of information he 
received from the police, he was directed to prosecute. 
Dr. Cameron , Medical Officer of Health for Hendon, said he visited 
the cowshed in question on the 22nd of May, and found there a man 
suffering from the smallpox ; two cows and two pigs were in the same 
shed. The man was removed the next morning. 
Defendant, who appeared ignorant of the serious nature of the case, 
said he gave the man leave to sleep in the shed, but he did not know he 
was suffering from smallpox. He turned the cows out as soon as he 
knew the nature of the case. 
The Bench inflicted the very moderate fine of 30s., the cost bringing 
the sum up to £4 5s. 6d. 
Allowed a month for payment. 
EAR-MARKING CATTLE. 
At a recent Court of Petty Session, held at Bedale, Mr. Why lie, 
steward to the Duke of Leeds, five of his assistants, and seven farmers, 
were charged by the Royal Society for the Prevention of Cruelty to 
