Certificates given by Veterinary Surgeons to the vendors and purchasers of Horses. He says, "It is to be regretted that the members of the Veterinary profession have not been taught to adopt some rules for rendering the Certificates they are required to give upon examining Horses as to soundness, at least somewhat similar in the construction and expression of their opinions, so as to render them more intelligible to the persons who have to pay for them. I am quite aware of the impossibility of attempting to reduce professional opinions to one common standard; but I think that our leading practitioners might meet together, and agree upon some general principles for their guidance, that would make their Certificates less liable to the censure and ridicule they both merit and incur. The occurrence is by no means uncommon for a buyer to send a Horse to be examined by a Veterinary Surgeon, and, not feeling satisfied with the opinion he obtains, to send him to another; and then comparing the Certificates of the two, and finding them diametrically opposite in their statements, he finally trusts himself to the Warranty of the dealer, purchases the Horse, and at the end of six months has had to congratulate himself upon the possession of a sound animal, and the escape he has had in avoiding two unsound Certificates " (a). (a) The Veterinarian, vol. xix. P. 88. THE LAW OF HORSES, INCLUDING THE BARGAIN AND SALE OF CHATTELS: ALSO THE LAW OF INNKEEPERS, VETERINARY SURGEONS, &c.; AND OF RACING, WAGERS AND GAMING. PART I. CONTRACTS CONCERNING HORSES, &c. CHAPTER I. BUYING, SELLING AND EXCHANGING; THE REQUISITES OF THE STATUTE OF FRAUDS; DELIVERY AND PAYMENT, AND THE LAW AS TO SUNDAY DEALING. 2 DELIVERY AND PAYMENT. Rights of Property and Possession 28 Executed and Executory Contracts id. Property may pass without Delivery What immediately passes the Pro- Condition as to Price ascertainable id. Risk after Sale Goods to be made to Order Goods to be delivered on a future' Day Delivery and Payment contem poraneous Acts Time not the Essence of a Contract id. Relative Position of the Parties Buyer's Right of Possession where How it may be defeated. སྐྱང་སྒང་པོ་ ང་པོ་པོ་པོའམ་པ་ མ ང་ཕྱང་ ང་ དྲྭ་་དྲྭ་ ་པོ་པང་༤ ངང་ ར་ ཕྱང་པོ་ ིམས་ དྲྭ་ ང་ཚོ Seller's Lien during Possession.. id. His Right of Stoppage in transitu id. When Goods are held to be in transitu When anything remains to be done by Seller Effect of Stoppage in transitu Goods to be delivered before Payment.. When Time of Delivery is not fixed to a Day Goods to be paid for before Delivery Renunciation of Contract Price directed to be sent by Post.. 34 Post Office Order. Forged Bank Note Dishonoured Bill Halves of Bank Notes..... Writing off Debt to Agent by Agent Banker's Cheque.. Bill of Exchange Debt paid to a Third Party .... SUNDAY DEALING. Law of King Athelstan.. Who may be an Agent 27 Statute of Charles 2 How constituted རུ་གླ་མི་ལ་་ id. Farmer not within the Statute.. 36 id. id. A subsequent Ratification .... Breach of a Warranty given on a id. id. Sunday BARGAIN, SALE AND EXCHANGE. A BARGAIN or mutual agreement or understanding as to Bargain. terms between the parties, is implied in every contract for a Sale or Exchange (a). A Sale is a transfer of goods for money, and an Ex- Sale and exchange is a transfer of goods for other goods by way of change. barter, and in either case the same rules of law are prescribed for regulating the transaction (b). Therefore a bargain and sale of personal chattels is an Bargain and agreement to sell, followed and completed by actual sale (c). sale. In order to transfer property by gift, there must either Transfer of be a deed or instrument of gift, or there must be an actual property by gift. delivery of the thing to the donee. So, where the plaintiff claimed two Colts under a verbal gift made to him by his father twelve months before his death, which however remained in his father's possession until his death, it was held, that the property in them did not pass to the son (d). contract. A contract may be either executed, as if A. agrees to Executed and change Horses with B., and they do it immediately; or executory it may be executory, as if they agree to change next week (e). tract. If a person buy a Horse and a Pony together for 1007., Entire conthe contract is entire, as there is no means of determining the price of each (ƒ). to contract. But if he should purchase them both together, agreeing Severable pay 301. for the Pony, and 701. for the Horse, the contract would be severable; and if the seller's title to the Pony should fail, the buyer would be obliged to keep and pay for the Horse (f). Where a bargain is made by word of mouth, all that Verbal conpasses may sometimes be taken together as forming parcel tract. of the contract, though not always, because matter talked of at the commencement of a bargain may be excluded by the language used at its termination (g). tract. But if the contract be in the end reduced into writing, Written connothing which is not found in the writing can be considered as part of the contract (g). (a) See 2 Steph. Com. 67. (b) 2 Steph. Com. 66; Anon., 3 Salk. 157; Chit. jun. Contr. 11th ed. 353. (e) Com. Dig. Bargain and Sale (A.). (d) Irons v. Smallpiece, 2 Barn. & Ald. 551. (e) 2 Steph. Com. 57. (f) See Miner v. Bradley, 22 (g) Kain v. Old, 2 B. & C. 634. |