100 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



manency, I have no doulot that it is an Unsoundness. I 

 do not go by the noise, but by the disorder" (c). 



And in a previous case, where an action had been 

 brought on the Avarranty of a Horse, whicli had turned 

 out a Roarer, Lord Ellenborough said, " It has been held 

 by very high authority (Sir James Mansfield, C. J.), that 

 Roaring is not necessarily Unsoundness, and I entirely 

 concur in that opinion. If the Horse emits a loud noise, 

 which is offensive to the ear, merely from a bad habit 

 which he has contracted, or from any cause which does 

 not interfere with his general health or muscular powers, 

 he is still to be considered a sound Horse. On the other 

 hand, if the Roaring proceeds from any disease or organic 

 infirmity, which renders him incapable of performing the 

 usual functions of a Horse, then it does constitute Un- 

 soundness. The plaintiff has not done enough in showing 

 that this Horse was a Roarer. To prove a breach of the 

 warranty, he must go on to show that the Roaring was 

 symptomatic of disease." The defendant had a verdict {d), 



Rolling. Rolling is a pleasant and safe amusement for a Horse 



at grass, but cannot be indulged in the stable without the 

 chance of his being dangerously entangled with the collar, 

 and being cast. Yet, although the Horse is cast, and 

 bruised, and half-strangled, he will roll again on the fol- 

 lowing night, and continue so to do as long as he lives {e). 

 Now this is a bad habit, and a Horse may have his health 

 and usefulness impaired by being often cast, or half- 

 strangled and lamed ; it must render a Horse less valuable, 

 and when inveterate may perhaps be considered a Vice. 



Eunniiig Some headstrong Horses will occasionally endeavour to 



away. -^^-^^ with the best rider. Others, with their wonted saga- 



city, endeavour thus to dislodge the timid or unskilful. 

 Some are hard to hold, or bolt only during the excitement 

 of the chase ; others will Run awaij, prompted by a vicious 

 propensity, alone. There is no cure here; and being a 

 bad and dangerous habit, it is a Vice (/). 



Saddle-galls. When the Saddle has been suffered to press long upon 

 the withers, a tumom^ will sometimes be formed, hot and 

 exceedingly tender. In neglected Fistulous withers the 

 ulcer may be larger and deeper, and more destructive than 

 in Poll-evil {g). It may burrow beneath the shoulder- 



Eames, 2 Stark. 



(e) Onslow 

 N. P. C. 81. 



{(I) Basseit v. CoUis, 2 

 522. 



Camp. 



(f) Lib. U. K. " The Horse," 

 3-12. 



(/) Ibid. 337. 



(V) Poll-e\-il, ante, p. 97. 



