328 THE ADVENTURES OF A GENTLEMAN 



parties to a sound discretion in considering the policy 

 of an appeal to a jury : it not only would save jury- 

 men the trouble of long and painful consideration 

 upon the value of evidence, but would prevent a mul- 

 tiplicity of perjury in horse causes, that are now un- 

 fortunately proverbial for it. 



What then is the meaning of soundness ? When 

 the word is applied to a horse, we have seen that in 

 the case of Coltherd v. Puncheon, "good," means 

 "good in all particulars." 



In quoting 1 Rolls Abridg. p. 90, Mr. Justice Law- 

 rence appears, we have seen, to consider " secret 

 maladies" as the essential ingredient in unsoundness. 



In two cases already quoted, Elton v. Brogden, 

 and Shillito v. Claridge, Lord Ellenborough gives his 

 opinion that, "if a horse is affected by any malady 

 which renders him less serviceable for a permanency, 

 it is unsoundness ;" and again, that "a warranty of 

 soundness is broken if the animal at the time of the 

 sale had any infirmity upon him which rendered him 

 less fit for present service ; it is not necessary that 

 the disorder should be permanent or incurable." The 

 author of the anonymous work I have already quoted, 

 defines soundness to be in its enlarged sense " an ex- 



