238 ACTIONS AT LAW. 



actually " does diminish " the natural usefulness of the 

 animal so as to make him less capable of work of any de- 

 scription, or which, in its ordinary progress, will diminish 

 the natural usefulness of the animal, this is unsoundness ; 

 or if the horse has, either from disease or accident, under- 

 gone 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 horse is unsound. 



Defendant admitted receiving the letter and cheque 

 referred to by plaintiff ; the endorsement on the cheque 

 was his. He did not reply to the letter and took no notice 

 of the remarks therein. His son fixed the elastic bands 

 to the ears ; he did not tell plaintiff about them, he told 

 the groom. The horse was seven years off now. 



The son of defendant corroborated his father in most 

 particulars. He knew the horse was a wind-sucker, but 

 said nothing about it. 



The ostler who was with defendant at the time was 

 called. He said he discovered the horse was a wind- 

 sucker in about a fortnight ; he had driven the horse — he 

 went well — and considered him a sound horse. 



Mr. Samuel Bignold, M.R.C.V.S., said that he remem- 

 bered examining the horse. The certificate produced was 

 his ; he did not know the horse was a wind-sucker. 



His lordship, referring to the wording of the certificate : 

 " I do not detect any unsoundness," asked, " Supposing 

 a horse was blind of one eye — the off, for instance — and 

 was placed against a wall, the right side to the wall, and if 

 he was asked by anyone — perhaps myself," said his lord- 

 ship, " ' Do you detect any unsoundness ? ' you would 

 and could say, ' I do not detect any unsoundness.' " 



Witness replied it was his custom to word his certificate 

 thus, or he should always be in a law court. 



His lordship replied tliat it was well for his clients to 

 understand it. 



