defect, which is liable, at any time, to culminate in serious lameness.1

Over-reaching, clicking, or striking the hind-shoe against the fore one, is not unsoundness, as the habit does not impair the natural usefulness of the animal, unless where the striking is the result of a peculiar formation amounting to an organic defect, in that the legs are too long for the body, when the animal is liable, with his hind-feet, to step on the heels of his fore-feet, and throw himself; in such cases, striking indicates such a malformation as constitutes unsoundness.2

Parotid gland ulcerated. This gland is in the hollow which runs from the root of the ear to the angle of the lower jaw. In bad strangles, and sometimes from cold, this gland will swell greatly, and ulcerate, and sometimes a fistulous ulcer is formed, very difficult to heal. Such a disease is an unsoundness.

Poll evil.-At the point of juncture of the head and bone nearest the skull, an ulcer is formed by the horse rubbing and sometimes striking his "poll" against the manger, or by hanging back on the halter, and so causing an abrasure, or by a blow. A swelling appears, which is hot, tender, and painful, and after a time matter is formed, and spreads around, and eats into the neighboring parts. This is an unsoundness.3

Pumiced feet. The sensible and horny plates of the foot, after an attack of the rheumatism, become elongated and partially separated, and do not unite again readily, and often lose their elasticity; the coffin-bone, lacking their support, presses on the sole, which thus becomes rounded out, or convex, and reaching the ground, gets bruised and sore. This is "pumiced

fect," and is an unsoundness.

Paralysis is the loss of the use of any limb, or function, through injury to the brain, nerves, or muscles. Animals subject to it are sometimes attacked while traveling rapidly, lose momentarily the use of a limb, and shortly afterward recover it, and are apparently as well as ever, but are, nevertheless, unsound.

Quittor is the result of neglected or bad over-reaching, or any

1 Hanover on Law of Horses, 86-7.

2 Brown v. Elkington, 8 M. & W. 132; Dickenson v. Follett, 1 M. & Rob. 299. 3 Hanover on the Law of Horses, p. 88; Oliphant, p. 94.

wound on the foot. In the natural process of ulceration, matter is thrown out from the wound and forces the small plates of the coffin-bone from the horny crust of the hoof, and sometimes eats into the fleshy part of the foot. These ulcerations form a kind of pipes, or sinuses, running in every direction, and constitute the disease called quittor, which is an unsoundness.

Rat-tails, an excrescence on the back part of the leg, giving a peculiar, twisted appearance to the hair, whence is derived its name, is generally harmless, and not an unsoundness.

Rearing, when the habit becomes established, or is not due to temporary causes, such as needless pulling at and laceration of the mouth, is an inveterate, bad, dangerous habit is a vice; and the maker of a warranty that a horse is gentle and free from vice, when the animal has this habit, should be held liable.

Ringbones are situate above the hoof, and are a hardening or ossification of the cartilages at the top of the coronet; when visible only in front of the pastern it is generally of little consequence, but where it is near the heels it is more serious, as there it impedes the flexibility of the cartilages. It is generally regarded as an unsoundness, whether it produces immediate lameness or not.

Rumbling is not an unsoundness, but rather a mark of good health.2

Roaring takes its name from a peculiar sound uttered, when briskly traveling, by a horse affected; it is caused by a tough and viscid substance thrown out in the shape of fluid, and which sticks to the larynx and upper part of the wind-pipe, materially obstructing the passage; the malady is always rated unsoundness if it proceed from an organic defect, but if it is but a temporary effect from strangles, or other usual condition in a colt, it is not considered so.3

1 Hanover on the Law of Horses, p. 90; Oliphant, 94-5.

2 This is frequently, but erroneously, confounded with "washy," it being thought that the noise is from water in the intestines; but, in fact, the noise is from the sheath, hence mares never make this noise. Horses of this habit are not inconvenienced, but are, for the most part, good, round-barrelled horses, and sound. (Hanover, p. 90.)

"Roaring or whistling in horses is an unsoundness within the meaning of the warranty that the animal is sound in every respect." (Southard v. Haywood et al. Supreme Court Penn. Nov. 19th, 1874.)

"There was ample evidence that roaring or whistling in horses is a disease arising from the state of the wind-pipe or air-passages. The Court submitted

Running away, or bolting, is decidedly a vice, and, when the habit becomes confirmed, renders the horse dangerous and without value.

Saddle-galls may or may not be unsoundness: if not of a nature to impede the use of the animal, or of a slight, temporary character, they are not so; but if of long standing, and worked deep into the back, they make a very bad sore, worse sometimes than "poll evil," when they become "sit-fasts,” and are an unsoundness.1

Rheumatism can only be discovered when the horse is palpably lame, when, of course, he is unsound; and so, when it can be proved that, within a reasonable length of time before the purchase, the animal was lame from this cause, he may be returned under a general warranty of soundness; so, too, where the disease is chronic.2

Sallenders constitute unsoundness. (See mallenders.) When the fore-leg is affected it is mallenders, and sallenders when in the hind-leg.

Sand-crack is a crack or division of the hoof downwards; it generally indicates brittleness of the crust, which is sometimes natural, but more often the result of mismanagement or disease, particularly of "false quarter."

Sand-crack is unsoundness; but, as in the case of a curb, if a horse, without any previous indication of previously having had the disease, throw out a sand-crack immediately after the sale, it is no breach of a warranty of soundness.3

the fact of its existence in the horse to the jury; and if so, then instructed them that it was an unsoundness within the scope of the warranty. This was the meaning and effect of that portion of the charge assigned for error. We discover no error in the instruction. The Court did not undertake to pass on the disease as a fact." (Ibid; Story on Sales, Sec. 362; Bassett v. Collins, 2 Campb. 523; Onslow v. Eames, 2 Stark. N. P. C. 81.)

1 In Kiddell v. Barnard, 9 W. & M. 670.

2 Couch e. Culbreth, 11 Rich. (Law) 9. In this case, it was held that, in questions of unsoundness, where the disease is chronic, like rheumatism, it is not necessary to show that the symptoms existed at the time of the sale, for subsequent incidents and appearances may show that the disease existed before the sale, although the symptoms had not then been observed. As to what constitutes “organic disease," and its presence, this case will repay perusal, but a medical treatise is not within the scope of this work. It is always for the jury to determine whether such a disease affects the animal to an extent sufficient to impair his natural usefulness.

Shying is a habit not affecting the question of soundness, but coming under consideration upon a warranty that the horse is free from vice. Generally, it is the result of cowardice, want of work, or playfulness, and not unfrequently from recollection of ill usage, as when the animal shies on coming from the stable. When the habit becomes confirmed it is a vice, and one replete with danger.

Shying sometimes results from defective sight, when it be comes unsoundness.1

Sidebones is the same disease as ossification of the cartilage. A lameness ensues, which may disappear with rest and care, but any quick work, or fast travel on a hard road, will bring it back. It is an unsoundness, whether it produces lameness or not.

Spavin is an unsoundness. (See bone, blood, and bog spavin.) Speedy-cut is where, at high speed, the horse strikes on the inside of the leg, immediately under the knee, and thence to the head of the inner splint-bone; this is the result of defective shape, and hence is not an unsoundness.

A splint, like a bone spavin, is an excrescence, or bony deposit on the horse's leg; lameness therefrom is caused by preventing the proper flexion of the joint. The position of the splint determines whether or not it constitutes unsoundness; if not in the neighborhood of any joint, so as to interfere with its action, and if it does not press on any tendon or ligament, it is no unsoundness; but the splint which is where it does interfere with the proper movement of the joint, tendon, or ligament, is unsoundness.2

Sprain and thickening of the back sinews is where, from over work, the tendons of the back press over much on the delicate lining of the sheath, or cover of the tendon, and thence ensues inflammation, and coagulations are formed between the tendon and sheath. A slight strain of this character is called sprain of the back sinews or tendons, and when more serious it

1 Holliday v. Morgan, 28 L. J. Q. B. 9; 2 Oliphant's Law of Horses, p. 100. 2 Margetson v. Wright, 1 M. & W. 622. The Court says: "It now appears that some splints cause lameness and others do not, and that the consequences of a splint cannot be apparent at the time, like the loss of an eye, or any other blemish or defect visible to a common observer. We therefore think that, by the terms of this written warranty, the parties meant that this was not, at that time, a splint which would be the cause of future lameness, and that the jury have found that it was. We therefore think that the warranty was broken."

is said that the horse has broken down. Either is an unsoundness, as an alteration of structure has occurred which must impair the natural usefulness of the horse.

Star-gazing, and its inseparable defect, called ewe-necked, are natural defects in the formation, and hence are neither unsoundness nor vice.

Strangles, although sometimes confounded with glanders, is very different from it; it is but a natural condition for young horses, and is no unsoundness, save when the animal is sick with it.

String-halt is a peculiar movement of the hind-leg, owing to irregular nervous action; it wears off with exercise, and is generally characteristic of high-bred animals. Much difference of opinion has prevailed on the question of whether or not it was unsoundness, but the later English authorities decided it to be

so.1

Thickwind is shown by short, frequent, and labored breathing when in rapid motion. It frequently is observable in roundchested, fat horses; heavily built horses generally show it, and it is especially to be observed in horses unused to violent exertion on a full stomach. The chief cause is, however, previous inflammation of the bronchial passages; it is often the forerunner of broken wind, and when it proceeds from inflammation it is an unsoundness.2

Thin soles are not necessarily an unsoundness, and they must be shown to have produced lameness to be so regarded.3

Thrush is the inflammation of the lower surface of the inner or sensitive frog; if neglected, it leads to a diminution of the substance of the frog, and this may be followed by a separation of the horny part of the hoof from the parts beneath, and the production of fungus and cancer, and ultimately the result is a diseased condition of the hoof, destructive of the present and dangerous to the future usefulness of the horse. A thrush is

an unsoundness.

1 Thompson v. Patterson, Oliphant, 102.

2 Oliphant's Law of Horses, 104.

3 Bailey v. Forrest, 2 C. & K. 131, which is put on the ground of Brown v. Elkington, in which it was held that "curby hocks," not producing lameness at the time of sale, were not a breach of warranty of soundness, though a curb was afterward thrown out; and from this case the Court says: "This case shows that the mere fact of the horse in question being thin-soled at the time of sale is not sufficient to constitute a breach of warranty of soundness."