DEFINITION OF UNSOUNDNESS. 695 



everyday requirements. A similar objection might be made to 

 hundreds of universally-adopted definitions which thoroughly fulfil 

 their purpose; although, from their natui-e, they are not entirely 

 comprehensive. 



Having agreed as to what unsoundness is, we may endeavour 

 to classify the various diseases and structural defects, under two 

 heads, namely : those which constitute absolute unsoundness, and 

 about which, on that account, there can be no dispute; and those 

 which cause unsoundness, only according to circumstances. In 

 English law, there is no such thing as a legal unsoundness; the 

 province of the law being limited in this instance to the establish- 

 ment of the principles by which disputed points 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 posses 

 sion of any of them by an animal, would render it unsound from 

 a legal point of view. 



Definition of Unsoundness. 



If a horse has any disease or alteration of stinxcture which 

 diminishes, or is likely to diminish, his usefulness from a work- 

 ing 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 " Kiddle v. Bur- 

 nard" ("' Meeson and Welsby's Reports," vol. 9, p. 670):— "If, 

 indeed, the disease were not of a nature to impede the natural use- 

 fulness of the animal for the pm'pose 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 thing 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 founded 

 on that of unsoundness by Mr. Baron Parke (" Coates v. Stephens," 

 " Moody and Robinson's Reports," vol. 2, p. 158), which is as fol- 

 lows:— "If at the time of sale the horse has any disease which 

 either actually does diminish the natural usefulness of the animal, 

 so as to make him less capable of work of any description; or 

 which, in its ordinary progress, will diminish the natural usefulness 

 of the animal ; or if the horse has, either from disease or accident, 

 undergone any alteration of structure, that either actually does 



