Chest-founder, or, as it was formerly called, anticor, is a tenderness about the muscles of the breast, with occasional swelling, and after a time there becomes apparent a shrinking of the muscles of the chest. It is evidently an unsoundness.1

Cataract is unsoundness. (See Blindness.) So also is cloudiness of the eye, as it is almost sure to end in complete opacity of the lens, cataract, and blindness.

"Chinked in the chine" is synonymous with "broken-backed.” Contraction is where the foot loses its circular form, becomes long and narrow, especially at the heel; it is not necessarily unsoundness, but may become so if lameness results therefrom.2

Corns are seldom radically cured. They materially interfere with the natural usefulness of the animal, and are an unsoundness.3

Cough is generally subdued without much difficulty when resulting from catarrh or common cold; yet it is now the law, as settled by the later English authorities, that if the horse had at the time of sale a cough, whether permanent or temporary, it constitutes a breach of the warranty of soundness.4

1 Hanover on Horse, p. 68; Oliphant's Law of the Horse, p. 76; Atterbury v. Fairmauer, 8 Moore, 32. Chest-founder was for a long time confounded with rheumatism; but it is now ascertained to be a result from navicular disease, which, preventing the fore-legs from being exercised to the same extent as before, produces an absorption of the muscles of the chest. Anticor is distinguished from chest-founder, and generally considered as being an abscess of the brisket.

2 Hanover on the Law of Horses, p. 65; Oliphant's Law of Horses, p. 76. Lameness usually accompanies the beginning of contraction, and when contraction continues to exist for any considerable length of time, lameness almost invariably results therefrom.

Contraction may be caused by neglect of paring, by suffering the shoes to remain on too long, by want of the natural moisture because of the feet having been kept too dry, or by thrushes; but these last are more often the result from rather than of contraction. The cause of that contraction, however, which most often produces lameness of a permanent character, is an inflammation of the little plates which cover the coffin-bone, but not sufficiently intense to be characterized as acute founder. (Bywater v. Richardson, 1 Ad. & E. 508.)

* Oliphant on the Law of Horses, p. 77; Hanover, pp. 68-9. In the angle between the bars and the quarters, the horn of the sole has sometimes the appearance of being red and spongy; the horse shows pain when the spot is touched, and, if the matter be neglected, so much inflammation is produced that suppuration follows, and is succeeded by quittor, and the matter either undermines the horny sole or is discharged at the coronet. Corns seldom appear on the hind feet. In any situation, they are very seldom radically cured, though temporary relief may be obtained, and manifestly constitute unsoundness.

4 Elton v. Brogden, 4 Camp. 281. Lord Ellenborough said: "While a horse has a cough I say he is unsound, although that may be only temporary or may

Curb is an enlargement at the back of the hock, about three or four inches below the point; it is caused by an exertion of more than usual violence, or by a spring, or sudden jar. A horse with a curb, at the time of the sale, is unsound, within the line of a general warranty, but if it throw out a curb immediately after sale it is no breach of the warrant.1

Cutting is not a vice or a breach of warranty, although a serious annoyance; the buyer generally, with a fair share of prudence, can detect the signs of the habit, and the rule caveat emp tor applies.2

Dropsy is of two kinds, that of the skin, and of the heart; in the former, dropsical swellings most frequently appear on the chest and fore-legs; they are results of weakness from other diseases rather than a distinct malady, and sometimes owe their existence to the debility which accompanies the change of coat in the spring of the year; the latter is where the pericardium of the heart becomes inflamed, the secretion of the pericardium is increased, and so much fluid accumulates as to obstruct the beating of the heart. Dropsy of either kind is unsoundness.3

Enlarged glands often appears with catarrh, and almost always with any serious affection of the chest, and most commonly remains after the cold or fever has disappeared. If the enlargement is considerable and tender, if the gland at the root of the car partakes. of it, and the membrane of the nose presents an unusually red appearance, the commencement or lurking of some insidious disease is to be feared; and a horse under such circumstances should be deemed unsound.

Enlargement of the hock so materially affects the complicated structure of the hock-joint, that although the horse may appear to work well for a considerable time, he will become lame, most commonly on a few days' hard work.

A decided case of enlarged hock is an unsoundness, unless it is a mere blemish, the result of external injuries.4

prove mortal. Any infirmity which renders a horse less fit for present use and convenience is an unsoundness." (Coates v. Stephens, 2 M. & Rob. 157.) But see Bolden v. Broyden, 2 M. & Rob. 113.

1 Hanover on Law of Horses, p. 69; Dickenson v. Follett, 1 M. & Rob. 299.

2 Eaves ». Dixon, 2 Taunt. 343-5; Oliphant's Law of Horses, pp. 84-6; Ibid. 8 Ibid, pp. 84-5.

4 Dickenson. Follett, 1 M. & Rob. 299. And even if, at the time of sale and warranty, the horse showed curby hocks, i. e., a peculiar form of hocks in

False quarter is a serious defect and frequent cause of lameness; it is exceedingly difficult to remedy, and must be considered an unsoundness.

Farcy, which is a disease of the absorbents of the skin, is an unsoundness; it is a type of the disease which in its different stages is farcy or glanders. The symptoms of the two are not similar, but the maladies differ in their results and effects only in that glanders is generally incurable, while farcy, in its early stage, or mild form, may be successfully treated. Water farcy

is dropsical affection of the skin, either of the chest or the limbs generally, and is also an unsoundness.

Fever in the feet, or acute founder, is so liable to render a horse permanently lame as to constitute unsoundness.1

Glanders is the worst of all diseases for the horse; it has been known more than fifteen hundred years, and no cure has been found for it. It is an unsoundness, of course.2 The moment of the incipiency—that is, if he really have the seeds of it in him-the animal is unsound, although it may be some time before the disease becomes fully developed.3

Glancoma is a dimness of sight from an opacity of the vitreous humor; it is not easily distinguished to exist, and can only be discovered by a very attentive examination of the eye; it clouds the sight, and is unsoundness.4

Goggles has been held to be unsoundness in sheep; it is generally believed to be caused by too close breeding, and no means are known for discovering its existence until it shows itself by the death of large proportions of the flock.5'

dicative of coming curbs, sometimes called cow hocks, from a resemblance to those of cows, in that the hocks turn inward and the legs form a considerable angle outward, so that the angular ligaments are continually on the stretch to confine the tendons. (Brown v. Elkington, 8 M. & W. 132.)

1 This is caused generally by leaving a horse in a draft, or where it is cold, after violent exertion; a fever in the feet is the result; this is difficult to subdue, and sometimes leaves fearful consequences, such as loss of the hoof, or permanent injury. (Lib. U. K. "The Horse," 290.)

2 The presence of glanders is first marked by a discharge from the nostrils, or one of them, differing from that of catarrh in that it is usually lighter and clearer in its color, and more glutinous, or sticky. It is not discharged occasionally and in large quantities, like the mucus of catarrh, but is constantly running from the nostril. (Oliphant on the Law of Horses, p. 85.)

3 Woodbury v. Robins, 10 Cush. (Mass.) 520.

4 Settle v. Gamer, N. P. 1857; Westminster Farrier Assizes, 1857.

5 Joliff v. Benedict, R. & M. 136.

Gutta levena, commonly known as "glass eye," is a species of blindness, and is an unsoundness.1

Kicking in the stall is sometimes a vice, but not such a habit as to be classed as unsoundness; it is more common to mares, and results from irritability rather than viciousness; kicking in harness is a vice, without doubt, and is a habit of which horses are seldom cured; it sometimes is the result of playfulness, and, not being a habit, disappears.2

A kidney-dropper will appear quite well at starting, but after traveling a short distance will come to a dead standstill; a kidney-dropper is worthless and unsound.

Lameness, whether temporary or permanent, is an unsoundness; it is impossible to say how long it may continue, and the rule given by Lord Ellenborough, that any warranty of soundness is broken if the animal, at the time of sale, had any infirmity upon him which rendered him unfit for service, and so the learned judge declares that lameness is such an infirmity.3

Laminitis is an inflammation of the medium which connects the coffin-bone with the inside of the hoof; the toe becomes tender, is favored, the horse puts his heel to the ground first, and goes short; lameness ensues, and laminitis is unsoundness.*

Lampas is a fullness in the mouth of young horses, caused by a swelling of the lower bars of the palate; they become sore, and the animal, therefore, feeds badly; they are unsoundness only during their continuance.

Liver diseases constitute unsoundness, as a diseased liver leads to such complications of maladies as necessarily interfere with the usefulness of the animal.5

All diseases of the lungs are also unsoundness, for the same

1 The pupil becomes dilated, is immovable, bright, and glassy; it is palsy of the optic nerve; it may be caused by improper treatment of the staggers, or by any treatment, or other means, which induces a rush of blood to the head.

2 In Wisconsin a man allowed a person, to whom he was trying to sell a horse, to try him in harness; the vendor knew that he was excitable and liable to kick; he did so, and the Court held that the vendor was responsible for the damages. (Smith v. Justice, 13 Wis. 600.)

3 Elton v. Broyden, 4 Campb. 281; Elton v. Gordon, 1 Stark. N. P. C. 127; Gawnent v. Bass, 2 Esp. 673.

4 Hall v. Rogerson, before Mr. Baron Alderson, New Castle Spring Assizes, 1847; Oliphant, p. 444; Smart v. Allison, Ibid, 450.

5 Hanover on Law of Horses, p. 81; Buckingham v. Rogers, Oliphant, 455.

general reason; they constitute an infirmity within the rule of impairing the usefulness of the animal; given in Elton v. Brogden, Ante.

Mallenders, or sallenders, is a scurfy eruption at the bend of the knee, or inside the hock, or a little below it; seldom produces lameness, but, if neglected, a discharge sets in, which it is difficult to stop; it is classed as unsoundness.1

Mange is marked by pimples and eruptions on the skin, which are followed by blotches, which finally become scabs; it is not only unsoundness, but is the most contagious of all diseases to which animals are liable.2

Navicular joint disease is caused by rapid, irregular, and violent exercise, or from sudden jar or concussion; it produces lameness, which is seldom cured; it is unsoundness.3

Nerving is an operation upon the leg of a horse to cure an organic defect, by depriving the animal of a diseased nerve, which relieves a peculiar pain in the foot. An animal which has been nerved is unsound.4

Nasal gleet is a continued discharge of the fluid secreted to lubricate the membranous lining of the nose; it may be green, or straw-colored, depending upon whether his feed is grass or hay, and is sometimes brown, or even bloody; it may last for months, and sometimes destroys the animal; it is unsoundness." Ossification of the cartilages, or "side bone," is an unsoundness, whether it produces lameness or not, as it is an organic

1 Oliphant, Law of Horses, p. 90.

2 Ibid.

"Navicular disease" was described in Bywater v. Richardson, 1 A. & C. 508, as an inflammation in a joint on the inside of the hoof, and to be of such a nature that it might be alleviated by proper treatment, so far as to render a horse fit for gentle work, and to make him appear sound for a time, and on soft ground; but could seldom, if ever, be permanently cured so as to qualify him for hard work.

4 Best v. Osborne, R. & M. 290. On the trial, it was shown that the operation of nerving consisted in the division of a nerve leading from the foot up the leg; that it was usually performed in order to relieve the horse from the pain arising from a disease in the foot, the nerve cut being the vehicle of sensation from the foot; that the disease in the foot would not be affected by the operation; that horses previously lame from the pain of such disease would, when nerved, frequently go free from lameness, and continue so for years; but that the presumption was that the horse could not endure hard work, and was unsound after nerving.

Oliphant's Law of Horses, p. 92.