MISCELLANEA. 
775 
expenses there was no question. They had, however, to take into con¬ 
sideration the keep of the horse from the time the notice was given by 
the plaintiff to the defendant; and though they were not bound ‘to give 
18s., they ought to give what was fair for the keep of the horse during 
that time. He (the learned judge) did not understand whether or not 
the plaintiff sought to recover damages on the ground that the horse was 
not of the same age as stated. 
Mr. Bartrum. —I am entitled to use a second string to my bow, but I 
don’t think it will be needed. 
Ilis Honour^ in addressing the jury on this subject, did not think there was 
much importance to be attached to this point, inasmuch as in the warranty 
the words were “ a horse five years of age, warranted sound and good,” 
so that he did not think the warranty applied to the age. There was a 
principle —applicable to the circumstances of this case,—one which had 
been laid down by the superior courts of law, and one which was very 
simple and satisfactory in principle, however difficult it might be in 
application. It was this—that any defect in the structure of a horse, 
whether congenital or arising from subsequent disease or accident, which 
diminishes his natural usefulness and renders him less than reasonably 
fitted for present use, is unsoundness. With these observations. His 
Honour carefully read over the principal portion of the evidence given, 
commenting thereon ; and concluded by telling the jury that the question 
for them was—was the horse sound or unsound ? If they came to the 
conclusion that the horse was not sound, then they ought to find a verdict 
for the plaintiff, assessing the damages on the principle he had pointed 
out to them. 
The jury consulted for some time in the box, but they were unable to 
agree. The foreman (Mr. W. Hillier, of Devizes) enquired if the court 
would take the opinion of the majority of the jury ? 
Ills Honour. —Oh no. 
The liegistrar. —If you cannot agree, gentlemen, we have locks and keys 
at hand (laughter). 
The Officer of the Court. —I’m waiting for them (renewed laughter). 
The jury returned a verdict for the plaintiff, and were about to couple 
with their verdict an expression of their opinion that the plaintiff ought 
not to have driven the horse from Tan-hill to Bath in so short a time, when 
His Honour told them he could not take such a verdict. They had to 
do with nothing but the question—was the horse sound or unsound at 
the time of the sale ? The jury had better reconsider their verdict. 
After a few minutes’ further consultation, the jury returned a verdict 
for the plaintiff for the full amount claimed. 
MISCELLANEA. 
THE LAND-LEECHES OE CEYLON. 
Sir J. Emerson Tennent, in his account of Ceylon, 
recently published, states that of all animals and insects, 
venemous and otherwise, that infest that beautiful island, 
none are comparable as plagues with a species of leeches, 
