DEFINITION OF UNSOUNDNESS. 3 



that, in English law, there is no such thing as a legal 

 unsoundness ; the province of the law, in this case, being 

 limited to the establishment of the principles by which 

 cases have to be decided. Certain defects, however, have 

 been so frequently ruled to be unsoundness, and are so 

 universally regarded as such, that no doubt need be 

 entertained respecting the fact, that the possession of any 

 of them by an animal, would render it unsound. 



Definition of unsoundness. — If a horse has any disease 

 or alteration of structure which diminishes, or is likely to 

 diminish, his usefulness from a working point of view, or 

 if he has any malformation which renders him less than 

 reasonably fit for present work, such a horse is unsound. 



We may see from the foregoing, that soundness is a 

 question not of disease, but of usefulness ; a fact which is 

 in accordance with the following ruling by Mr. Baron 

 Parke in Kiddell v. Burnard* — " If, indeed, the disease 

 were not of a nature to impede the natural usefulness of 

 the animal for the purpose for which he is used, as for 

 instance, if a horse had a slight pimple on his skin, it 

 would not amount to an unsoundness : but if such a thins: 

 as a pimple were on some part of the body where it might 

 have that effect, as for instance, on a part which would 

 prevent the putting a saddle or bridle on the animal, 

 it would be different." 



The first part of the definition which I have adopted, is 



* Mi-eson & Welsby's Eeports, vol. 9, p. 670. 



B 2 



