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to make the references to the new cases as numerous as possible, and to notice any conflict that may exist between the decisions in this country and those in the United States.

CLEMENT E. LLOYD.

4, KING'S BENCH WALK, TEMPLE,

June, 1882.

PREFACE

TO THE THIRD EDITION.

In preparing a new Edition of Mr. Oliphant's valuable Treatise on the Law of Horses, it has been the endeavour of the present Editor to amalgamate with the text of the preceding Edition such new matter as the growth of legal science during a period of eleven years has supplied, without disturbing the symmetry or impairing the method of the original Work.

It has been found necessary indeed to make considerable additions to the text, for there are few subjects upon which the law is long silent. But the alterations have been few, inasmuch as the opinions expressed by Mr. Oliphant have, in almost every instance, been confirmed by subsequent decisions; those, therefore, which have been made, have been rendered necessary, for the most part, by legislative enactment, as, for instance, by the Common Law Procedure Acts of 1851 and 1860, by the Railway and Canal Traffic Act of 1854, and by the Act for the Suppression of Gaming Houses of the same year.

The present Editor has had access to the notes and references made by the Author during the earlier part of the period which has elapsed since the publication of the Second Edition, and must make due acknowledgment for the assistance thence derived.

He ventures to express his hope that this Edition will not prove unworthy of the reputation which this Book has hitherto enjoyed, and that his aim to preserve its character as a complete Manual upon the various points of contact between the Horse and the Law, and upon the subjects kindred to them, has not been altogether unsuccessful.

10, KING'S BENCH WALK, TEMPLE,

May, 1865.

G. R. RYDER.

PREFACE

TO THE SECOND EDITION.

THE case of the Sale of a Horse is often chosen by our Judges as a favourite and popular mode of illustrating their views in numerous cases coming before them with respect to the Bargain and Sale of Chattels. It is here intended that the Law relating to Horses should be used for a similar purpose; because nearly the same incidents which affect the Bargain and Sale of Horses also affect the Bargain and Sale of other Chattels, including manufactured Goods, Carriages, Pictures and Works of Art.

An attempt has been made to arrange, in a logical and concise manner, the subjects hereafter discussed, and to reduce to a regular System the various principles which are found to be involved.

Great care has been taken to keep out all matter which might tend to encumber the Book, but the most ample references are given.

During the last few years there have been numerous decisions with respect to the Bargain and Sale of Chattels, and the other subjects here treated of. It will also be seen that great changes have recently been made in the Law of Pleading and Evidence; and that the Law of Wagers has been most materially affected by the "Act for the suppression of Betting Houses."

1, NEW COURT, TEMPLE,

Dec. 20th, 1853.

G. H. H. O.

PREFACE

TO THE FIRST EDITION.

THE object of the present Treatise is to lay before the profession and the public, in as short and convenient a form as possible, the Law of Contracts concerning Horses, whether it be in buying, selling, hiring, or in any other manner dealing with them; to ascertain the liabilities incurred by parties either on "the road," through negligent driving, or in “the field," by riding over the lands of another; also to explain the present state of the law with regard to Racing, Wagers, and Gaming, in connection with the recent alterations effected by the Act of Victoria. The Appendix contains some very late cases, a few important Statutes, and other information which may be found useful for general reference. An attempt has been made, by a judicious division of the subject, and the introduction of marginal notes, to make the text as accessible as possible.

G. H. H. O.

TEMPLE, May 15th, 1847.

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