HINTS TO THE PURCHASERS OF HORSES. 393 



worth If sound, it is an act of fraud, and the buyer can recover 

 the amount as well as the damage, should the infection have 

 been communicated to other horses belonging to him. If any 

 gross deception be pi'actlsed to hide a fault, the horse is re- 

 turnable on the ground of fraud, though no warranty be given. 

 It Is necessary, however, that the fault afterwards discovered 

 should not be of such glaring description that any man of com- 

 mon judgment would have readily discovered, — such as a large 

 blemish on the knee or the absence of an eye ; for the law 

 expects the purchaser to exercise common vigilance. In cases 

 where there exists some temporary unsoundness it is desirable to 

 have sucli defect mentioned in the warranty : the horse to be 

 returnable, or a flxlr allowance made, if the unsoundness be- 

 comes permanent. In cases where there is an unsoundness, 

 but one to which the purchaser does not object, it is desirable 

 that a qualified warranty should be given, — that is, sound In 

 every other respect but this one exception. — Ed.] 



Soimdness. 



[In wliat does soundness consist? This question has been a 

 sul ject of the most contradictory opinions, has given birth to 

 numerous arguments, and has sadly puzzled the heads of lawyers 

 themselves. Indeed, the most opposite opinions have been ex- 

 pressed by the learned judges, at various times ; though, at the 

 present day, when the ojnnions of veterinary surgeons are 

 allowed more weight than formerly, the decisions of the bench 

 are much more uniform. Perfect soundness appears to consist 

 in the total absence of disease ; but as this very seldom occurs in 

 horses that have been used, and as, from the rarity of its exist- 

 ence, the strict definition would be useless, it is now understood 

 to 'mean that a horse has no disease or alteration of structure 

 that makes him in any respect less useful, or is likely to make 

 him less useful, than he Avould be without such defect. Soundness 

 has, therefore, strict reference to utility ; it does not apply to 

 blemishes, although these blemishes may be alterations of struc- 

 ture, and pi'oduced by disease. Freedom from blemishes must 

 be specified In the warranty, in order to guard against them. 

 With regard to the greater number of points, veterinary sur- 

 geons are pretty well agreed as to what is unsoundness and what 

 is not ; but there are some cases In which there is a difference of 

 opinion : some practitioners, perhaps, are too strict in their opi- 

 nion, and others not strict enough, but there are many, It is to 

 be hoped, Avho preserve the happy medium. 



On the following diseases, no doubt can be entertained that 

 they constitute unsoundness : — 



Lameness of all kinds and degrees ; 



Diseases of anv of the internal viscera; 



Cough of all kinds, as lunr/ as it exists; 



