RACING, WAGERS, AND GAMING. 
467 
should have him examined and certified as sound, &c. by one or 
two veterinary surgeons of respectability and experience, and then, 
knowing on what grounds he goes, he may take the risk of war- 
ranting him sound.” — Introduction , p. xxxvii. 
In former times 6t shaking of hands was held necessary to bind 
a bargain and though it continues to be “ very much practised in 
the north of England at the present day, both in horse-dealing and 
other transactions,” — “ it certainly does not bind the bargain where 
the horse is worth £10 or upwards.”— Chap, i, p. 2. 
“ To make the sale of a horse at £10 or upwards valid under 
the statute, the buyer must either actually accept or receive it, or 
give something in earnest to bind the bargain, or something in part 
of payment ; or the parties to be charged must either themselves 
or by their agents make and sign some note or memorandum in 
writing of the bargain.” — Chap, i, p. 4. 
Chapter II treats of “ the rule of law” of “ Fairs and Markets 
overt, the Recovery of Stolen Horses, and the Law of Auctions and 
Repositories.” 
And in Chapter III we come to “ what Diseases or bad Habits 
constitute Unsoundness or Vice.” After having expressed our- 
selves in the manner we have on the subject of soundness, it will 
not be expected we should enter into any lengthened disquisition 
of it here : at the same time we cannot help shewing how evidently 
the judges themselves have felt puzzled about the matter. 
“ Chief Justice Best, in the case of Best v. Osborne , held that 
1 sound ’ meant perfect. In Kiddell v. Burnard , Mr. Baron Parke 
said, the word ‘ sound ’ means what it expresses, namely, that the 
animal is sound and free from disease at the time he is warranted. 
And in the same case Mr. Baron Alderson said, ‘ The word sound 
means sound ; and the only qualification of which it is suscep- 
tible arises from the purpose for which the warranty is given.’ ” 
So that “ sound” means perfect, and “perfect” means sound; and 
perfection, as we have already shewn, may be said to be as diffi- 
cult of attainment in horses as it is among men. 
Mr. Oliphant has defined a horse to be “ sound” when he is in 
possession of his natural and constitutional health , and also in 
such bodily 'perfection as is consistent with his natural formation .” 
There can be no doubt but that a horse answering in his state to this 
definition must be regarded as sound ; we are afraid, however, 
that, if we exclude, on the score of unsoundness, all such as do not 
answer to it, the catalogue of sound horses will be reduced to 
inconveniently narrow dimensions. 
Did the diseases, defects, vicious or bad habits, &c. constituting 
unsoundness admit of enumeration or classification, there would, of 
course, be an end of the affair, so far as they were concerned ; 
