UNSOUNDNESS AND VICE. 71 



also in anotlier case expressed an opinion as to what 

 constitutes a Vice {b), and keeping this in view a correct 

 estimate may be formed of what will be considered a 

 breach of a warranty of " freedom from Yice." 



It is a difficult matter without the use of negatives to Definition of 

 explain, fully and briefly, the meaning of the word Soundness. 

 *' Sound," as applied to Horses. Chief Justice Best, in 

 the case of Best v. Osborne {c) held that " sound " meant 

 perfect. In Kiddell v. Buvnard {d), Mr. Baron Parke 

 said, " The word ' sound ' means what it expresses, 

 namely, that the animal is sound and free from disease 

 at the time he is warranted." And in the same case Mr. 

 Baron Alderson said, " The word 'sound' means sound; 

 and the only qualification of which it is susceptible arises 

 from the purpose for which the warranty is given." 



We may define a Horse to be " Sound " w/ien he is A Sound 

 free from liereditary disease, is in the possession of his natural Horse. 

 and constitutional health, and has as much bodily perfection 

 as is consistent tcith his natural formation. 



The rule as to Unsoundness is, that if, at the time of Rule as to 

 sale, the Horse has any disease, which either actually Unsoundness, 

 does diminish the natural usefulness of the animal, so as 

 to make him less capable of work of any description ; or 

 which, in its ordinary progress, will diminish the natural 

 usefulness of the animal : or if the Horse has, either from 

 disease (whether such disease be congenital or arises sub- 

 sequently to its birth {e) ), or from accident, undergone 

 any alteration of structure, that either actually does at 

 the time or in its ordinary effects will diminish the natural 

 usefulness of the Horse, such a Horse is Unsound {f). 

 This very much resembles the definition of Unsoundness 

 given in an excellent work, on the Construction of the 

 Horse and the Treatment of his Diseases, by the late Mr. 

 Youatt, published by the Society for the Diffusion of 

 Useful Knowledge, and which will be used as an autho- 

 rity in the description of those diseases and bad habits to 

 which the Horse is subject. But in that work Unsou)icl- 

 ness is referred to disease only ; namely, to that alteration 

 of structure which is connected wit*h or will produce disease, 

 and lessen the usefulness of the animal ; and any alteration 



(i) ScJioIeJeldy. Bobb, 2M. &Eob. {e) nolijday v. Sforgan, 28 L. J., 



210. Q. B. 9 ; see post. 



(c) BestY. Osborne, R. & M. 290. (/) Per Parke, B., Kiddell v. 



(flf) Kiddell V. Burnard, 9 M. & Burnard, 9 M. & W. 670; Coates v. 

 W. 670. Stephens, 2 M. & Rob. 137; Smart 



V. Allison, Appendix. 



