706 SOUNDNESS. 



quirements. A similar objection might be made to hundreds of 

 universally-adopted definitions which thoroughly fulfil their pur- 

 pose ; although, from their nature, they are not entirely compre- 

 hensive. 



Having agreed as to what unsoundness is, 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 legal unsoundness ; the province 

 of the law being limited in this instance to the establishment 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 possession 

 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 structure 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 unsoundness 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 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 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 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), and 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 useful- 

 ness of the animal ; or if the horse has, either from disease or acci- 

 dent, undergone any alteration of structure, that either actually 



