UNSOUNDNESS AND VICE. 



63 



We may define a horse to be "Sound" ichen he is free 

 from hereditary disease, is in the possession of his natural and 

 constitutional health, and has as much bodily perfection as is 

 consistent with his natural formation. 



The rule as to unsoundness is, that 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 (whether such disease be congenital or arises sub- 

 sequently to its birth (e) ), or from accident, undergone any 

 alteration of structure, that either actually does at the 

 time or in its ordinary effects will diminish the natural 

 usefulness of the horse, such a horse is unsound (/). This 

 very much resembles the definition of unsoundness given in 

 an excellent work, on the Construction of the Horse and 

 the Treatment of his Diseases, by the late Mr. Youatt, 

 published by the Society for the Diffusion of Useful Know- 

 ledge, and which will be used as an authority in the de- 

 scription of those diseases and bad habits to which the horse 

 is subject. But in that work unsoundness is referred to 

 disease only ; namely, to that alteration of structure which 

 is connected with or will produce disease, and lessen the 

 usefulness of the animal ; and any alteration of structure 

 from accident is not comprehended within the definition 

 there given. This, however, is an important omission, 

 because when the Court of Exchequer laid down the rule 

 as to unsoundness, Mr. Baron Alderson on this point said, 

 " It is, however, right to make to the definition of unsound- 

 ness the addition my brother Parke has made, namely, that 

 the disqualification for work may arise either from disease 

 or accident" {g). 



The term " natural usefulness " must be borne in mind. 

 One horse may possess great speed, but is soon knocked 

 up ; another wiU work all day, but cannot be got beyond 

 a snail's pace ; one with a heavy forehead is liable to 

 stumble, and is continually putting to hazard the neck of 

 his rider; another with an irritable constitution and a 

 washy make, loses his appetite, and begins to scour if a 

 little extra work is exacted from him. The term unsound- 



A sound horse. 



Eule as to un- 

 soundness. 



The term 

 "natural 

 usefulness." 



(«) Solydayii. Morgan, 28 L. J., 

 Q. B. 9. 



(/) Per Parte, B., Kiddell v. 

 Burnard, 9 M. & W. 670 ; Coates v. 



Stephens, 2 M. & Pvob. 137. 



(g) Kiddell Y. Burnard, 9 M. feW. 

 671. 



