542 STRAY PAPERS ON VETERINARY JURISPRUDENCE. 
correct one ; nay, you may hear the same individual assert “ that 
a horse is sound which is perfect in structure and perfect injunc- 
tion , and that he is equally sound with an alteration in structure, 
providing he is not likely to be incapacitated from his ordinary 
duties.” 
Gentlemen, have nothing to do with attempting to reconcile these 
incongruities. There is no intermediate stage between soundness 
and unsoundness. Take the words in their simple and intelligible 
sense as admitted by men better versed in the English language 
than ourselves, and never attempt to make use of any word, in giv- 
ing your opinion on the soundness of horses, but what you wish 
to be taken in its literal meaning. A horse warranted sound must 
be either sound or unsound. Should any member of the profession 
discover that he is neither one nor the other, I trust he will express 
himself by some word that will render his opinion intelligible. 
In delivering an opinion on the soundness of horses, you must 
recollect that you have a threefold duty to perform; the first 
relating to yourself, the second to the purchaser, and the last to 
the seller. To fulfil these, it is indispensable that you make a 
minute examination of the animal. The manner in which this 
should be conducted it is needless for me to relate ; you have the 
best opportunity of acquiring that information at College. It is, 
however, to be done with the strictest attention as to the form, 
structure, and function of both external and internal parts. Differ- 
ence in form is commonly followed by difference in structure, 
and difference of structure may lead to alteration or suspension of 
function. All are but deviations from the healthy structure of 
the part, and as such are a direct contradiction to the term sound. 
The result of your examination may be, that the horse is what he 
was represented : but it may be otherwise ; if so, you will express in 
what consists his unsoundness. Now, supposing this unsoundness 
to arise from some little exostosis or some other equally unimport- 
ant matter, which does not at all interfere with the usefulness of 
the animal, what, you may ask, are we to do ? Pronounce the 
horse unsound. While truth compels you to make this statement, 
justice to the purchaser and seller demands something more from 
you. The law as it at present stands with regard to soundness 
amounts to this, that an animal may be unsound ; but if that un- 
soundness does not and is not likely to interfere with the useful- 
ness of the horse, and is not accompanied by any derangement 
of function, the purchaser cannot return the horse upon the 
seller. Thus, a horse with a splint situated where it is not inter- 
fered with by the other leg, or where it is not likely to make him 
lame, is not legally returnable, and is not depreciated in value. 
These facts you are bound to state to the purchaser. You may 
