ON SOUNDNESS. 25 



he is actually susceptible to the disease, liaviiig once bad 

 it, and lameness migbt appear at any moment. 



Farcy constitutes unsoundness, no matter if tbe disease 

 has been made to entirely disappear, and tbe animal ap- 

 pear in perfect bealtb ; as farcy is a disease of tbe absorb- 

 ents, it is not only a difiQcult matter, but almost impossible, 

 to thoroughly eradicate the poison from the system, and 

 the animal might be attacked with it at any time, with 

 scarcely any premonitory symptoms, and die in a very 

 short period after the second attack. 



Glanders constitutes unsoundness {see Farcy), as the 

 two diseases are similar in their nature, only diiiering in 

 the mode of attack, and all said on farcy is applicable to 

 glanders. 



GuTTA Serena constitutes unsoundness, although the 

 eyes appear natural to an ordinary observer; yet, if but one 

 eye is affected, it is an unsound horse. 



Lameness constitutes unsoundness, no matter from what 

 cause, however temporary it may be, or obscure, there must 

 be disease or alteration of structure, which must lessen the 

 usefulness of tbe animal, and render him unsound for the 

 time. Lord Ellenborough says, *'I have always held, and 

 now hold, that a warranty of soundness is broken, if 

 the animal, at the time of sale, has an infirmity upon him 

 which renders him less fit for present service." It is not 

 necessary that the disorder should be permanent or incu- 

 rable. The horse in question having been lame at the time 

 of sale, when he was warranted to be sound, his condition 

 subsequently is no defense to the action ; see 4 Campbell 

 251, Elton vs. Brogden. Mr. Baron Parke confirms this 

 doctrine ; for while a horse is lame, it would really be not 

 only contrary to common sense, but conflicting with the 

 English language, to say that he was sound; besides, the 



