DISEASES, DEFECTS, ETC. 



93 



because it most frequently occurs in sandi/ districts, the 

 heat of the sand appHed to the feet giving them a disposi- 

 tion to crack. It occurs both in the fore and hind feet, 

 and indicates a brittleness of the crust, which is sometimes 

 natural, but oftener the consequence of mismanagement or 

 disease, particularly of false-quarter (■«) ; and where the 

 horn has grown down whole, but leaves a narrow strip of 

 horn of a different and lighter colour, this indicates that 

 there has been a sandcrack, and that a disposition to it may 

 possibly remain (o). Sandcrack is an unsoundness; but as 

 in the case of a curb (p), if a horse, without any indica- 

 tion of having previously had the disease, throw out a 

 sandcrack immediately after sale, it is no breach of a war- 

 ranty of soundness. 



The scab is a disease which constitutes a breach of war- 

 ranty of soundness, and there is a form of declaration in 

 the Liber Placitandi (q), in a case where, in consequence 

 of the existence of such disease, an action was brought on a 

 warranty given at Leeds in 1649. 



By the statute 32 Hen. 8, c. 13, s. 9, intituled " The 

 BlU for the Breed of Horses," no person shall have or 

 put to pasture any horse, gelding, or mare infected with 

 scab or mange, in any common or common fields, on pain 

 of forfeiting 10s., which offence shall be inquirable in the 

 leet, as other common annoyances be, and the forfeiture 

 shall be to the lord of the leet. This statute was, how- 

 ever, repealed by the 19 & 20 Vict. c. 64. 



Shivering is a disease known among the London dray Shivering. 

 horses. The horse constantly shivers, and frequently 

 cannot lie down ; he is unable to back, and consequently 

 can only be used in the team and not in the shafts. This 

 would no doubt be a breach of a warranty of soundness. 



Shoulder, bruised. See ante, p. 92, n. (i). 



Shying is often the result of cowardice, playfulness or Shying, 

 want of work. Shying on coming out of the stable is a 

 habit which proceeds from the remembrance of some ill- 

 usage or hurt, which the animal has received in coming out 

 of the stable, and can rarely or never be cured (r). When 

 confirmed, it is a bad and dangerous habit, and therefore 

 a vice. 



Shying sometimes, however, results from defective sight. Shymg the 



Scah. 



Statute of 

 Hen. 8. 



[n) False- quarter, ante, p. 79. 

 (o) Lib. U. K. "The Horse," 

 301. 



[p) Curb, ante, p. 77. 



{q) Lib. Plac. 30. 

 (r) Lib. U. K. 

 344. 



'The Horse,' 



