202 
WARRANTY OP HORSES. 
to the impugning of this particular verdict that I venture to 
call the attention of the public to the question of soundness 
in horses ; it is because 1 believe the subject has a far wider 
and more important interest. 
The question which meets us naturally at the outset of our 
inquiry is, “ What constitutes unsoundness?” And this is 
one upon which there has been so much difference of opinion, 
both among legal and veterinary authorities — on the bench, 
let it be remembered, as well as in the witness-box— that it is 
no wonder if we approach it with some hesitation. It is a 
subject on which even the wisdom of the wig may be at fault, 
and the most learned of our judges have perpetrated the 
greatest absurdities; for it unfortunately happens that the 
presence of horse-hair on the head does not necessarily imply 
the possession of horse-knowledge in it, and ignorance, here 
as elsewhere, whether it is clothed in silk or in fustian, leads 
naturally to error and injustice. Different judges have given 
us different definitions, none of which fairly meet the require- 
ments of the case ; and it is certainly matter of regret that 
the opinions of such men on such a subject should be held 
forward as guides and authorities. For example, I have 
even heard it ruled that an animal labouring under a disgust- 
ing and incurable disease, like that termed crib-biting, which 
in all cases reduces his value to a mere trifle, might still be 
considered “sound;” and a few months later, in the same 
court, it is held that an ailment so trivial as what is called 
thrush of the hind feet, removable by ordinary care and at- 
tention, and lessening neither the usefulness nor the value of 
the horse in the slightest degree, is beyond all doubt to be 
considered an “unsoundness;” and all this in deference to 
some magnate of the bench, who could not possibly — I say 
this with all due respect — by any process short of inspira- 
tion, be supposed to possess the slightest knowledge of the 
subject. 
The uncertainty of the law in all cases is proverbial, but 
in cases of disputed soundness it has long been notorious: 
indeed, it is difficult to conceive anything less calculated to 
inspire respect than the proceedings in a horse-case. As 
might be expected, where the law is so vague and incon- 
sistent, there is a beautiful field for the sharp practice of the 
attorney and the ingenuity of the advocate; and if these 
gentlemen, each in his vocation, perform their parts with 
sufficient zeal and ability, there is hardly any absurdity in 
the shape of a verdict which may not be obtained. I do not 
confine this opinion merely to the County courts, for in the 
superior courts matters are equally bad, indeed, probably 
