313 



The case of hereditary disease is at all times 

 difficult to prove, as it rarely happens that a pur- 

 chaser can trace with accuracy the diseases of the 

 breeds though he may be at no loss to prove the 

 pedigree of his horse. 



Where however, the proof of both is accessible, 

 it seems clear that a constitutional taint is unsound- 

 ness; though it may not show itself till the offspring 

 arrive at a certain age. We know by daily expe- 

 rience, that what may be called, for lack of a better 

 term, the moral qualities of a horse, are acquired 

 by inheritance, such as spirit, activity, and docility. 

 There appears to be no satisfactory reason why the 

 same principle should not obtain, as respects their 

 physical vigour ; especially, when we also find that 

 good action and speed are almost always the gift 

 of birth. 



I have alluded to the case of chest-founder. I 

 find this mentioned in the case of Atterbury v. 

 Fairmaner, 8 Moore, 32 ; and it appears, that in 

 that case it was the only unsoundness upon which 

 the plaintiff relied ; he obtained a verdict, and the 

 defendant moved for a new trial, on the ground 

 that there was no such disease. In support of this 

 motion he produced an affidavit of a veterinary 

 surgeon, who was stated to be " most experienced," 

 to prove that no such disease was known. I appre- 



