FOR PEACE AND WAR. Ill 



veterinary surgeons, the odds are that they will not be 

 unanimous in opinion. 



As our Courts of Law have been too frequently made the 

 arena for questions as to soundness, it will be expedient to 

 look at the views taken by some of our ablest legal autho- 

 rities upon the subject. 



Chief Justice Best, in the case of Best v. Osborne, held 

 that " sound " meant perfect. 



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 qualitication of which it is susceptible arises 

 from the purpose for which the warranty is given." 



A horse may be defined to be "sound" when he is free 

 from hereditary disease, is in possession of his natural 

 physical powers and constitutional health, and has as much 

 bodily perfection as is consistent with his individual forma- 

 tion ; which latter consideration is the province of the 

 purchaser, and not of the veterinary examiner, except 

 specially retained to combine with his professional duties 

 an extraneous office. 



Lord EUenborough said — '■' It has been held by very high 

 authority (Sir James Mansfield, C I.) that roaring is not 

 necessarily unsoundness, and I (Lord EUenborough) 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 Avhich 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, Avhich renders him incapable of performing the 

 usual functions of a horse, then it does constitute unsound- 

 ness. Tlie plaintiff has not done enough in showing that 



