66 WHAT DISEASES CONSTITUTE UNSOUNDNESS OE VICE. 



How unsound- The soundness or unsoundness of a horse is a question 

 should be left peculiarly fit for the consideration of a jury, and the Court 

 to a jury. will not set aside a verdict, on account of there being a 



preponderance of evidence the other way {t) ; and they 

 should consider whether the effect said to proceed from the 

 alleged unsoundness, is such an effect as in the eye of the 

 law renders a horse unsound. It is also a question for 

 them, whether a horse warranted sound was at the time of 

 delivery rendered unfit for immediate use to an ordinary 

 person, on account of some disease {u). 



And in case of vice they should consider, whether the 

 effect alleged to proceed from a certain hahit, is such an 

 efiect as the law holds to be a vice in a horse. 



Diseases, Defects or alterations in Structure, and Bad 

 Habits. 



"We shall now consider, in alphabetical order, as the most 

 convenient method, the various diseases, defects or altera- 

 tions in structure, and bad habits, to which the horse is 

 liable ; and with the assistance of decided cases, and guided 

 by the rules which have been laid down by the courts an 

 attempt will be made to fix in each instance, which of these 

 does, or does not, amount to an unsoundness or a vice. Such 

 conclusions, however, unless founded on decided cases, are 

 merely stated as opinions formed by the application of the 

 rules already mentioned ; and from the difficulty there often 

 is in ascertaining where soundness ends and unsoundness 

 begins, people, in doubtful cases, must necessarily be guided 

 in a great measure by circumstances. 

 Backing and Backing and gihUng are closely allied, and are generally 



giljbing. ]^Q result of bad breaking, at the time when the horse is 



first put to the coUar and refuses to start. When the 

 habit becomes confirmed, the horse swerves, gibs and backs, 

 as soon as he thinks he has had enough work, or has been 

 improperly checked or corrected, or when he begins to feel 

 the pressure of the collar painful. It is impossible perma- 

 nently to cure a horse of this bad habit when it has become 

 fixed {v) ; and as it is both dangerous and diminishes a 

 horse's natural usefulness, it is a breach of a warranty of 

 freedom from vice. In an American case, where these 



(<) Xetcis T. Pea^e, 7 Taunt. 153; (u) See Saddle-galls, post: and 



S. G. 2 Marsh. 43 ; 17 E. R. 275 ; Ainsleyy. Sroivn, there cited, 

 per Patteson, J., iJaJ/feT. iaM))-««ce, (v) Lib. U. K. "The Horse" 



llAd. &E. 926. 334. 



