ALBERT R. MANN
LIBRARY
AT
CORNELL UNIVERSITY
ornell University Library

TiC
THE HORSE:

Its SELECTION AND PURCHASE
*]VO] puw aavu.parqySnoroy yp,

 
THE HORSE:
Its Selection and Purchase

Together with the Law of Warranty, Sale, &c.

BY

FRANK TOWNEND BARTON, M.R.C.V.S.

Author of ‘‘The Practice of Equine Medicine,”
“Our Friend the Horse,” ‘‘ The Age of the Horse,’’
“The Veterinary Manual,” “Breaking and Trainin, Horses,’’ etc.

Illustrated

LONDON
HURST AND BLACKETT, LIMITED
I82, HIGH HOLBORN, W.C,

1907
All rights reserved
@i5 116

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PREFACE.

THE object of this book is to show buyers of horses what
to select and what to reject when purchasing without pro-
fessional guidance. Veterinary Surgeons too often make
a distinction—a convenient one—between the terms “ prac-
tically” and “legally” sound. For instance, a horse may
have some slight defect, not likely at the time nor indeed
at any future date to interfere with its working capabilities,
and the animal may in fact be likely to prove just as
serviceable as one free from the defect. Such a horse
would be spoken of as being “practically” sound, but
soundness at law means that the animal is entirely free
from any defects which at the time or at any subsequent
date could interfere with its usefulness. At law a horse is
either sound or unsound, no matter how trifling the defect
from which it may be suffering.

Defective conformation does not constitute unsoundness ;
yet, as it may predispose an animal to injury, it may rank
as being on the border line. The chapter on “Conformation”
is intended to give the reader a general idea of the good
and bad points of a horse. Although it must be a very
difficult matter for an amateur to form a correct, or even
a fairly correct, estimate as to the usefulness of a horse in
the absence of considerable practical experience, it is hoped
that the information given on this point may be found of
real practical use.

The book does not profess to deal with every disease to
which a horse may be subject, but with those only which
viii PREFACE.

might escape attention in the absence of any examination
prior to a purchase or sale. For instance, glanders, skin
diseases, such as mange, etc., would, of course, be so obvious
that any description of them must necessarily be quite
superfluous in a work of this scope.

Every effort has been made to avoid the use of technical
terms, and when any other terms than those of a purely
technical character could not be found as sufficiently
precise, the author has taken care that the popular terms
should also be given.

It is unfortunately only too often the case that the buying
and selling of horses not infrequently lead to disputes. For
the assistance of buyers and sellers equally the main facts
relating to warranty, breach of warranty, representation, etc.,
have been given in this book, and the author hopes that they
may be the means of settling disputes which otherwise might
drift into the courts of law.

It may well be argued that for anyone to purchase a horse
without professional assistance is to be “penny wise and
pound foolish.”

The author certainly holds this view, and would advise any
intending purchaser to consult a member of the Royal
College of Veterinary Surgeons whenever it may be possible
to do so. Circumstances, however, may sometimes render
this not only inconvenient but even impossible, and it is
just in such cases that the value of this book should be
felt.

F. T. BARTON.

february, 1907.
CONTENTS.

 

CHAPTER I.
EXTERNAL CONFORMATION OF THE HorsE.

The Head—The Neck—The Withers— The Chest—-The Back,
Loins, and Croup—The Croup—The Quarters—The Barrel—
The Fore Limbs—The Arms—The Elbows—The Fore-Arms
—The Knees—The Shank or the Cannon—The Fetlock and
Pasterns—The Foot—The Hind Limbs—The Gaskin—The

Hocks . * .
CHAPTER II.
THE SHIRE oR Cart Horse. 5 ‘ ‘ ‘i
CHAPTER III.
THE SuFFOLK Horse . 5 ‘

CHAPTER IV.
THE Hackney oR Harness Horse—PownikEs

CHAPTER V.
Tue Action oF Horszs.
Good Action—Low Action—High Action—Extensive Action—
Confined Action—Precise Action —Irregular Action :
CHAPTER VI.
THE AGE OF THE HORsE.
Introduction—The Age—General Appearances as Indicative of
Age—Tricks of Dealers—Sex—Colour and Condition of Horses
CHAPTER VIL.
VIicE 3 A , ‘ . ‘i

CHAPTER VIII.

EPITOME OF THE REGIONS TO BE EXAMINED
FOR EVIDENCE OF DISEASE.

The Mouth—The Teeth—The Nasal Passage—The Glands
below the Ear and Jaw—The Withers—The Shoulders —The
Elbows—The Knees—The Cannon or Shank—The Fetlocks
and Pasterns—The Feet—The Groin and Testicles—The
Hocks—The Eyes—The Pulse—The Breathing - Broken
Wind—Roaring—Whistling and Grunting—The Heart .

CHAPTER IX.

CausEs OF UNSOUNDNESS.

The Eyes—Simple Ophthalmia—Cataract—Amaurosis—Blind-
ness—Shying—The Nostrils—Sore Throat—Mouth and

PAGE

I-22

23-27

28-30

31-40

41-46

47-64

65-69

79-73
x CONTENTS.
PAGE

Tongue—The Jugular Vein—Marks left by _ Blisters,
Setons, &c.— The Shoulders—Point of the Elbow—The Fore-
Arm—The Knees—Stiffness of Knees—Speedy-cutting—
Brushing—Splint—Sprain of Back Tendons— The Fetlocks—
The Pasterns—The Foot and Side-bone—Sandcrack— False
Quarter—Canker—Thrush—Separation of the Wall and Seedy
Toe—Keratoma or Horn Tumour—Contracted Feet—Navi-
cular Disease—Corns—Flat or Dropped Sole—Quittor—The
Poll—The Withers—Chest, Ribs and Brisket—The Back and
Loins—The Haunch—The Stifle and Slipped Stifle—The
Hock — Bone-spavin — Bog-spavin — Sprung-hock ; Capped-
hock —Curb — Thorough-pin—Psoriasis or Mallenders and
Sallenders — Stringhalt — Shivering—Vertigo or Megrims---
Diseases of the Respiratory Organs—Broken Wind—Grunting
~—Roaring— Diseases of Internal Organs—Rupture—Temper-
ature and Pulse ‘ ‘ 7 . 74-139

CHAPTER X.
GENERAL Hints RELATING TO Buvinc. ; ; + 140-145
CHAPTER XI.

Hints RELATING TO SELLING , : ; ‘ . 146-148

CHAPTER XII.

WARRANTY.

Sale and Warranty by an ent—Damage caused through
Negligence . : ‘i - . ‘ 3 A 5 5 149-164

CHAPTER XIII.
BREACH OF WARRANTY . . : ; . 162-169

CHAPTER XIV.
Horsr REPosITORIES AND AUCTIONS . ‘ ‘ . 171-177

CHAPTER XVI.

Buyine at Farrs aND IN Market OverT—-RECOVERY
OF STOLEN Horses . ; - 178-180

CHAPTER XVI,
SunpDaY DEALINGS ‘ ‘ ; ‘ . 181-183

CHAPTER XVII.

WARRANTY AND REPRESENTATION — WARRANTY AND
REPRESENTATION COMBINED , é ; 5 . 184-188

CHAPTER XVIIL
UNSOUNDNESS AND VICE

 

i : ; . 189-192

TypicaL Actions at LAW RELATING TO THE SALE AND
PurcHase oF Horses . . ‘ ‘ - 193-250
GENERAL INDEX ; 5 : : ‘ 251-252

INDEX To Actions at Law 253
. : 3
LIST OF ILLUSTRATIONS.

Thoroughbred mare and foal

Points of the horse

Cleveland Bay stallion

Fore limbs, side view

3 » front view

Clydesdale stallion

Hind limbs, side view
ae. OM back view

Shire horse

Shire mare

Suffolk stallion .

A typical Hackney .

Lower incisors .

Thoroughbred stallion

Persimmon, thoroughbred stallion

Frontispiece

Facing page

oh

5
6

10
13
14
19
21
23
26
28
32
50
54
142
146
HORSES:

THEIR SELECTION AND PURCHASE.

CHAPTER I.
External Conformation of the Horse.

By this term we mean the study of the animal
in outline, and the development of external parts
in relation to one another. In order to become a
judge of a horse’s conformation it is necessary for
the amateur to become acquainted with the names
of the different regions. It is not necessary to
acquire any anatomical knowledge beyond that
of a very elementary nature, but it is necessary
that he should use his powers of observation, and
cultivate this as much as possible. This can be
done wherever there are horses, so that com-
parisons can be drawn. For instance, compare the
forearms, the pasterns, the feet, etc. It will be

at once evident that very great differences exist ;
iz
2 CONFORMATION OF THE HORSE.

and, in this way, the observer will learn to appre-
ciate between parts that are of good conformation
and those which are indifferent, or even bad. In
other words, an ounce of practical instruction will
be equal to a pound of theoretical teaching. At
the various agricultural and other horse shows, it
is customary for such societies to select judges who
have become famous as breeders of particular
varieties ; and at many local shows one sometimes
sees a judge officiating who knows very little more
about the animals than the animals do about
him. The veterinarian, owing to his superior
knowledge of the anatomical conformation, and
in virtue of his special training in other ways,
should constitute the most reliable judge of horses.
No amount of experience in the breeding of animals
will enable a man to grasp his subject in the same
easy manner in which it comes to the veterinarian.
His constant association with horses enables him,
at a glance, to detect faults which would escape the
notice of an ordinary observer. For convenience
of study, it is usual to divide the external
anatomy into different regions, and, following the
usual course, the writer will first of all describe
the head.
CONFORMATION OF THE HORSE. 3

The Head.

A glance at a horse’s head affords evidence as
to whether it is of good, bad, or indifferent breeding.
It varies in its size, in its outline, and in the ex-
pression upon the face. A saddle horse should
have a small head, small ears, a thin muzzle, and a
wide under-jaw ; the skin ought to be thin, and
the various prominences upon the skull should be
seen in outline through the skin. Wide nostrils
are necessary for a fast horse, and the degree of
development in this region attains its highest per-
fection in the race horse. In many cart horses,
more especially in most pedigrees—Clydesdales and
Shires—the nasal bones are convex, and this con-
fers upon the nose the prefix ‘‘ Roman ’’—Roman-
nosed. It is regarded as a mark of beauty in this
region. If a saddle horse has a heavy head, it
makes it bear heavily upon the hands of the
rider, and the horse is more liable to stumble than
one with a gracefully-carried, light, head. The
carriage of the ears is, to some extent, an indication
of the animal’s temperament. These organs should
be small, carried erect, thin, and covered with
short, fine, soft hair. Fine hair is an indication of

good breeding, and all horses that have come from
r*
4 CONFORMATION OF THE HORSE.

pedigree stock have usually hair of this description.
The term “lop” or “lob” eared is applied when
the ears are large and coarse, and carried in a
sluggish manner, as though the animal had not
proper control of its ears. The eyes should be full
and prominent, and in Welsh ponies, a prominent
eye is characteristic of the breed. Small, concealed,
sunken eyes, are very often indicative of a vicious
temperament, and anyone who has studied the
expression of a horse’s eyes, can usually glean
information regarding the animal’s character. In
Shire horses, the forehead should be broad, the
muzzle fine, and have a tassel of hair; this is a
characteristic of the true Shire. In all ponies the
head should be small, and clean in its outline. When
the lower and posterior borders of the jaws are thick,
together with coarse hair growing therefrom, one
may take this as indicative of inferior breeding.
In Clydesdale horses, also in some Shires, there is
a strip of white extending up the face. This is the
so-called “‘ blaze”’ or “ ratch.”

The Neck.

A well-developed neck is an essential point
of beauty. No neck, no horse. Many horses are

very “weedy” in the region of the neck, and a
 

Pornts OF THE Horse.

1. The Shoulder. 2. The Arm. 3. The bere-arm. 4. Kuce.
5. Zhe Cannon. 6. The Kellock. 7. The Coronet. 8. Hoo. 9. Ergot
or footlock. 10. The Chestnut or Castor. 1, Elbow, 12. Croup.
13. .lagh of Haunch. 14. Quarters, 15. Lotus. 16. Iithers.
17. Crest. 18. Neck. 19. Jugular hurrow, 20. Poll, 21. Forehead.
22. Nose. 23. Check. 24. Novirils. 25. Lips. 26. Throat.
27. Buttocks. 2S. Stifle. 29. Gaskin. 30. Point of Fock. 31. Front
of Hock, 32. Cannon. 33. Flank. 34. Ribs and Chest. 35. Floor
of Chest. 36. Floor of Belly. 37. Collar-bed. 38. Posterior Angle of
Jaws. 39. Back. 40. Quarter of Hoof. 41. Pastern of Hind Leg.

[Facing Page 5.
CONFORMATION OF THE HORSE. 5

purchaser should take particular note of this part.
To be typical, the neck should be a proportionate
length according to the breed, and its upper border
should show a well-developed crest. But this
is influenced by sex, age, and condition. If a horse
has been left entire for several years the crest
becomes well developed, though this disappears, to
a considerable extent, if the animal is subsequently
castrated. A saddle horse must not have a
thick heavy neck, but the neck should stand well
on the shoulders, and have a somewhat lofty
carriage, but not so much so, that the head is
directed upwards, to constitute the so-called “ star
gazer.”’ All thorough-bred and trotting horses
should have a long neck, with an inclination to
horizontal carriage. In Clydesdales, Shires, Suffolks,
and other cart horses, the neck should be thick and
deep from the upper to the lower border, but par-
ticularly powerful towards its junction with the
shoulders, with which it should imperceptibly
blend. In the Hackney or roadster, more es-
pecially those of pedigree stock, the neck is usually
of good conformation, and well carried. When the
neck is arched downwards, the animal is spoken of
as ‘crest fallen’? or “ewe necked.” It has been

argued that a horse’s neck cannot be too short,
6 CONFORMATION OF THE HORSE.

and that a long neck, by adding to the weight,
wears out the legs and feet quicker than a short
neck, and also, that it renders the animal more
liable to stumble. Judges are very keen on quality
in this region, and any tendency towards weediness,

is looked upon with disfavour.

The Withers

Constitute the point for measuring the height of a
horse. Some horses have high withers, others have
low. The withers are bounded in front by the
mane, behind by the back, and on either side by
the upper border of the shoulder-blades. A saddle
horse should be high in the withers in order to
prevent the saddle from shifting forwards. Race
horses are usually high in the withers, and horses
that have this conformation are said to stand “ well
up before.” A purchaser of a horse usually desires
the animal to be of some specified height, and
expresses his wants to the dealer in accordance
with his wish. For instance, let us suppose that
he requires a horse 15.2. The dealer may then
tell him that he has an animal for sale exactly
this height, and proceed to measure the horse
in the presence of the purchaser, who may be satis-

fied as to the correctness of his measurements. The
 

Cleveland Bay stallion.

[Fuciny page 6.
CONFORMATION OF THE HORSE. 7

dealer may measure this same horse for another
would-be buyer, who requires an animal at fifteen
hands, and measures it in his presence. It is an
easy matter to make a horse appear one or two
inches higher or lower than he really is by placing
him upon a stone or sloping ground, and this
practice is commonly done in dealers’ establish-
ments. If the purchaser wishes to ascertain the
correct height he should take the animal on to
a level road, and measure it for himself. Some
horses have very ugly withers, being much too
humpy in their region.

The Chest.

No matter what breed of horse, depth of chest
is of primary importance, because it indicates
plenty of room for free play of heart and lungs. The
lower front boundary of the chest is formed by the
breast or brisket, and a large proportion of the
chest wall is under cover of the shoulders, and it is
at this part, where its greatest depth exists. The
side walls of the chest are formed by the ribs and
their muscles, etc., and the roof of the chest is
made up of the upper borders of the ribs, and the
junction of these with the bodies of the dorsal

vertebre. Cart horses should be well sprung in
8 CONFORMATION OF THE HORSE.

the ribs, in order to increase the transverse diameter
of the chest. The breast of these animals should
also be broad; in fact, this indicates the width of
the chest. In horses required for fast work, a wide
breast is distinctly objectionable, because it hampers
the movements in front. The chest differs very
much in its width and depth. In some horses it
is narrow, and the fore legs stand close together.
This gives the animal the appearance of being very

narrow in front, detracting from its beauty.

The Back, Loins, and Croup.

The back begins behind the withers and is con-
tinued into the loins, the latter ending on about a
level with the angle of the haunch, at which the
croup commences. The conformation of the back
varies, but it must always be in proportion to the
size of the animal. Trotters and thorough-breds are
long in the back, loins, and croup. But cart horses
and Hackneys, to be typical, must be of medium
length, and the contour form a graceful curve.
A short back is desirable for carrying great
weight, and a long one for rapid progression. For
a lady’s saddle horse, a short back is objection-
able, because it renders the paces uneven. A
hollow-backed horse is objectionable for carting
CONFORMATION OF THE HORSE. 9

purposes, or for harness work of any kind, though
it may be a comfortable one for hack-work. A
powerful back and loins constitutes a point of
beauty in any horse. If the loins are arched up-
wards, the animal is what is termed ‘“ roach-
backed,” and a back of this description brings the
fore and hind limbs too near together during move-
ment. Anarrow-loined horse has no pulling power,
compared to one in which the loins are broad,

and clad with well-developed muscles.

The Croup.

This begins at the termination of the loins, and
ends at the tail. What is termed a drooping croup
is not a good one, the inclination to the horizontal
being preferable. In Irish horses the croup is

usually short, and has an abrupt decline.

The Quarters.

The quarters proceed from the croup on either
side, and it is an essential point of beauty in every
horse to have width and depth of quarters. There
is a tremendous mass of muscle situated on the
quarters, and unless the horse is well developed
in this region, it will never have that degree of
10 CONFORMATION OF THE HORSE.

power essential for progression and for drawing
heavy loads. In old horses, the quarters lose
their fulness, and the outline of the muscles begins
to make its appearance. Some horses are far too
narrow across the haunches, whereas others are
wanting in depth; if the latter, the animal is
generally of slow action. Wasting of the muscles
of the quarters sometimes follows upon disease, so
that it is advisable to compare the right and left
quarters, for any appreciable difference in size. A
practice that exists amongst dealers of cart horses
is that of plaiting the tail before the animal is ex-
posed for sale. This apparently gives increased
width to the quarters. In brood mares the
quarters should be broad, which implies a wide
pelvis.

The Barrel.

This term is applied to that portion of the body
which lies between the shoulders and the haunches.
For saddle purposes a flat-sided horse is more
comfortable than one in which the barrel is round.
In harness and cart horses this region should
be round, implying that the ribs are well sprung
and that the abdomen is deep in the region of
the flank. A flat-sided, short-ribbed horse, pen-
 

 

 

 

 

FORE LIMBS.

A good type of fore limb.
Pasterns too long and much too sloping, thus a poor weight-carrier.
Pasterns too straight and short ; hoofs too short, and too high at sels:

. Shaky and weak knees, constituting the so-called ‘‘ break-down,
common with race-horses.

[Facing page 10.
CONFORMATION OF THE HORSE. II

dulous in the belly, is, in stablemen’s language,
called ‘‘washy.”’ The flank should be short and
thick, so as to give good coupling between the
“middle piece” and hind limbs.

The Fore Limbs.

The fore-limb comprises the shoulder-blade or
shoulder, the arm or humerus, the fore-arm, the
cannon, the pastern and the foot. There is a re-
markable difference in the conformation of the
limbs of a horse, not only as regards their position
in relation with other parts of the body, but also
in their shape, length, and thickness. It is con-
venient to speak of such as being good, bad,
and indifferent. When the limbs are of good
conformation and well placed, they constitute
a valuable asset to the possessor. If a horse
has good limbs it is worth a great deal more,
commercially, than a horse with bad or in-
different ones. Studying the regions in the order
named, the author will, first of all, consider the
shoulder. The front boundary of the shoulders
is formed by the root of the neck, above by the
withers, below by the arm, and behind with the
ribs. Gracefully turned shoulders are sane gua non

in every variety of horse, and judges are very keen
12 CONFORMATION OF THE HORSE.

on quality in this region. Some horses’ shoulders
are very badly shaped, and this may arise through
a tendency towards weediness in the neck. The
development of the neck and shoulders in the
Suffolk horse affords an instance of remarkable
strength in this region, and these animals have no
superior for collar-work. A badly-shaped shoulder
predisposes the skin to be easily abraded; in other
words, to collar-galls. The area of the shoulders
is almost always better defined in cart horses,
than it is in lighter-bred animals. The shoulders
should always be deep; extensive; and of good
muscular development, more especially in the
Hackney; and the hunter. The free play of the
shoulders constitutes one of the most important
parts about a hunter. In thorough-breds and trot-
ting horses the shoulders are long.

The Arms.

The bone of the arm (Aumerus) joins the lower
end of the shoulder-blade to form the shoulder
joint, and, with the upper end of the fore-arm, it
unites at the elbow joint. The point of the elbow
is formed by the “ulna” at its summit. The
position the arm occupies is best seen from the
front, because it constitutes the lateral boundary
 

 

 

 

FORE LIMBs.
5. A good type; chest broad, legs well under chest, and straight upright
cannons.
6. Narrow chest ; hoofs turned in; likely to prove a speedy-cutter.
7. Knock or calf-kneed ; weak carrier, and bad walker.
8. Legs too far apart ; bad weight carrier.

| Facing page 13.

 
CONFORMATION OF THE HORSE. 13

of the brisket. For cart and van horses, medium
length of arm is the best. The arms are par-
ticularly powerful in Clydesdales, Suffolks, and
Shires.

The Elbows.

The elbow ought to be broad, and its breadth
depends upon the length of the bone which pro-
jects behind the line of support. Its use is to
serve as a lever to certain muscles attached at the
point of the elbow, and the longer the lever, the
greater the power of the muscles, and the more ex-
tensive, the movement becomes. The points of the
elbows, to be typical, should be directed neither in-
wards nor outwards, but in a horizontal plane with
the body, though with a slight upward incline.
When the points of the elbows are inclined
towards the chest, this causes the toes to be
turned outwards, whereas if the points of the
elbows are directed away from the sides of the
chest, it has a tendency to cause the toes to
turn inwards. The direction of the elbow has
thus a much greater influence upon the direction
of the lower portion of the limb than many
suppose.
14 CONFORMATION OF THE HORSE.

The Fore-arms.

The fore-arm extends from the point of the
elbow to the knee, and varies in its length
according to the breed. It constitutes a very
important portion of the limb, and has a good
deal to do with the action. A long, strong
fore-arm is characteristic of the race horse, but
in the Shire and Suffolk, the fore-arms, though
broad and powerful, are inclined to be short.
If long, in a saddle horse, at any rate it does
not give that degree of pleasantness to the rider,
that a horse with a somewhat short fore-arm
does. It has been argued, that a hunter, with
a long fore-arm, is more inclined to touch his
fences, than one in which the fore-arm is short.
For a long stride, and quick pace, it is necessary
to have a long fore-arm, but for power and slow
work, short fore-arms are most desirable.

The Knees.

The conformation of the knees differs consider-
ably ; some horses are wanting in width, and depth
of knee. There is a so-called calf knee, which
is not of good conformation. When horses have

done a lot of work, or been prematurely worked,
br adog Surv)

‘uorpeis aTepsapsqO

 
CONFORMATION OF THE HORSE. 15

they often begin to go over at the knees; in other
words, become ‘‘ knee-sprung.’” The knees should
be broad; big, and square in all proportions, free
from the slightest degree of stiffness; and freely
flexed during action; in other words, the animal

must have good knee action.

The Shank, or the Cannon.

No matter whatever the breed of horse, judges
always give a good deal of attention to this part.
What are termed “clean” legs, are those in
which the cannons are covered by thin skin, and
there is little beyond bone, and tendon, felt
when this region is manipulated. Width; breadth ;
thickness ; and proportionate length, constitute
essentials of beauty in this region. In Clydesdales,
Shires, and most cart horses, the cannon at the back,
and sides, is heavily feathered, and the hair should
be long and silky. Suffolk horses are particularly
good, as a rule, in this portion of the anatomy.
At the junction of the cannon and knee, the bone
_, Should be broad. If it is narrow, the animal is
said to be “tied in below the knee’’—a defect.
A large percentage of horses are not clean about
their legs, the skin being thick, with too much useless
material beneath it. This usually indicates a slug-
16 CONFORMATION OF THE HORSE.

gish circulation, which leads to “ filling of the legs,”
especially when the animal remains in the stable
for a day or two. It is, also, indicative of inferior

breeding.

The Fetlocks and Pasterns.

The fetlocks should be free from swelling, no
matter of whatever nature. Signs of wear soon
become evident in this situation, so that if there
is any puffiness about the joint, the reader may
know that the animal has done a considerable amount
of work. The pasterns may be long or short,
broad or narrow, too oblique, or too upright. Broad
strong pasterns, with a moderate degree of obliquity,
are those which are best. Short, upright pasterns,
are most objectionable ; so are those which are
too oblique, or deficient in bone. A long pastern,
makes the horse springy in its movements and at
the same time an agreeable animal to ride, but it
favours sprain of the tendons. A _ short pastern
and one that is upright makes a hack very un-
pleasant to the rider. Sometimes one pastern
will be found more upright than the other one, and
this is usually indicative of lameness either past or
present. Diseases affecting the pastern are common
both in light and heavy horses, but particularly
CONFORMATION OF THE HORSE. 17

so with the latter; therefore it is necessary, when
selecting an animal, to compare both pasterns. The
degree of obliquity in the pasterns should vary in
accordance with the nature of the work that the
animal has to perform, the weight he has to carry,
and the speed at which he will be required to travel.
For speed a long pastern is desirable, but for
weight, a broad, thick pastern, of medium length, is
the most suitable.

The Foot.

No matter what variety of horse it be, sound,
well-formed feet are essentials. The fore feet are
much more frequently affected with disease than
the hind ones, owing to the fact that they are com-
pelled to perform a greater degree of concussion,
and they have to support more weight than the
hind ones. The position of the limbs in relation
to other parts of the body has, unquestionably, an
influence upon the wearing of the feet. The pre-
servation of the feet constitutes one of the first
essentials of horse management, and a good groom,
together with a good shoeing-smith, may largely
contribute towards this end. Feet that are con-
stantly shod with leathers, and pads, are not good

ones, and these artificial agents materially interfere
2
18 CONFORMATION OF THE HORSE.

with the healthy functional activity of the feet,
and no one should purchase a horse, without first
of all having the pads, or leathers, removed. Ifa
horse has low heels, avoid purchasing it, because
this condition predisposes it to bruise the sole, and
structures within the hoof. A good foot should be
nearly round, perfectly smooth, free from cracks
or rings, moderately high at the heels, blueish in
colour, show a marked convexity on the sole, whilst
the horn should be neither dry ; brittle ; nor mealy ;
but when the sole is cut with a knife, it should
contain sufficient moisture to enable its removal in
the form of sound parings of horn. The “ frog,”
or foot pad, must not be shrunken, but should be
full and firm, and its clefts perfectly free from
disease. If the sole is flat and the hoof “ringed”
in an irregular manner, it may be an indication
that the animal has at some time had an attack of
founder, most evident in the fore feet. There
should be no contraction at the heels, neither
should one foot be bigger than its fellow. When
examining the feet, the intending purchaser should
not forget to look for evidence of such diseases
as side-bone, sand-crack, etc. (See chapter dealing
with the causes of unsoundness.) Horses that
have not good action carry their feet badly ; for
 

 

 

 

WIND LIMBS.

9. Good type of hind-quarters and limbs well-placed in relation to
body.

10. Sloping croup; goose rump ; legs too much under body
carrier,

11. Legs too angular ; bad carrier ; hocks over-bent.

12." Legs too far from weight of body ; bad carrier ; hollow back.

£ aveak

| Aa ins page 19.

 
CONFORMATION OF THE HORSE. 19

instance, the toes may be turned inwards, or out-
wards, or the animal may be what is termed a
“paddler.’” Some horses are continually digging
their toes into the ground, and this renders them
very liable to stumble. What is called “going
upon the toe” or the “heels,” is usually indicative
of disease, and anyone observing this, should have
nothing to do with such a horse, unless it be at

a trifling price, for work on the land, etc.

The Hind Limbs.

Like the fore, the hind limbs differ in their
position, in relation to the body. They may be
placed too far backwards, or too far forwards; so,
this has a considerable influence in the durability
of the limbs. If a horse is standing at repose
and the feet opposite to one another, the toe should
not be in front of a line falling from the stifle joint.
In racehorses it is a distinct advantage to have
the toes as far behind this line as possible. In every
case, the toes should point directly forwards, free
from outward, or inward incline. If the toes turn
outwards, this brings the hocks too close together,
whereas, if they turn inwards, the hocks are thrown
too much from beneath the quarters, and the action

becomes a very inferior one. A very frequent,
2*
20 CONFORMATION OF THE HORSE.

though defective action seen in both light, and
heavy horses, is that usually observed in one of
the hind limbs in which the whole of the limb
exhibits a screw-like movement during progression.

The whole limb seems to slip outwards.

The Gaskin.

The term ‘“‘gaskin”’ is applied to that region
of the leg lying between the stifle and the hock
joint. It is really the lower end of the second
thigh, and its conformation varies, particularly so in
cart horses, in which it is often defective in girth.
The gaskin should be of good shape; of moderate
length; and well furnished with muscle. In a
van horse it is an advantage for the gaskin to be
short, though this makes the animal short in the
stride. The term “‘hair-hand” is applied to a
horse that is spare in the gaskin.

The Hocks.

Great differences exist in the conformation of
the hocks, and they may be classified as good,
bad, or indifferent ; not only does the conformation
differ, but the action also; and it is surprising how
few horsemen pay attention to hock action, which

is of even greater importance than that of the fore
 

 

 

 

 

TIND LIMBS.
13. A good type of hind-quarters ; cannon upright, giving good support.
14. Cow-hocked ; hocks too close ; hoof inclined outward.

15. Round croup ; legs too wide apart ; a weak carrier and walker, with
screw-like movement of off-hind leg.
16. Bad croup; cannons turned too much outward.

[/acing page 21.
CONFORMATION OF THE HORSE. 21

limbs. But a good action in front may so captivate
the intending purchaser, that he never sees bad
or indifferent action behind. To be of good con-
formation, the hocks must be broad at their junction
with the cannon bones, because, if narrow, the dis-
tribution of pressure is very liable to lead to the
formation of bone spavin. Hocks of this descrip-
tion are spoken of as being “‘ tied in” below. The
short, fleshy, upright hock, is believed to pre-
dispose to the production of thorough-pin, just
in the same manner that the over-bent, or sickle-
shaped hock, favours the formation of curb. When
the hocks are viewed from behind, the points of
both should look directly backwards and neither
turn in nor outwards. The various prominences
should be indicated beneath the thin skin covering
the hocks, and, when manipulated, the joints should
give evidence of being “‘ clean,” 7.e., there should be
no sign of useless tissue beneath the skin, no indi-
cation of puffiness, and no sign of disease. Viewed
from the front, the joints should be wide and square
and, in profile, show width and depth. When the
points of the hocks are turned inwards, the term
“ cow-hocked””’ is applied. In coarse-bred horses
the skin over the hocks is usually thick, atid the
bony prominences beneath not plainly indicated.
22° CONFORMATION OF THE HORSE.

In all foals the hock joints are remarkably large, and
give evidence at this age, of what would be called
coarse hocks. As there are numerous diseases
affecting these joints, the reader should, before
purchasing a horse, endeavour to make himself
acquainted with the principal ones. This can be
done by referring to the section dealing with the
“Causes of Unsoundness.” The remainder of the
limb, does not materially differ, from the corre-

sponding regions in the fore limbs.
Ee adog Surv |

"OS1O U ATS

 
23

CHAPTER II.
The Shire or Cart Horse.

ALTHOUGH any cross-bred horse may be suitable
for heavy haulage, it is, when selecting a cart
horse, advisable to try and choose an animal with
some breeding about it. It is not necessary to
pay a high price, because very good Shire horses
can be bought at prices ranging from seventy-five
guineas. Both Shires and Clydesdales are in great
demand at home and abroad, and Colonial buyers
are constantly exporting some of the best horses
from this country. For the heaviest class of work
the Shire has certain advantages over the Scottish
horse, being heavier in body and shorter upon
the limbs. A typical Shire horse should conform
to the following conditions: First of all, it ought
to have a thin skin, with a superabundance of
hair from below the back of the knees and the
hock joints; the hair should be long, and silky in
24. THE SHIRE OR CART HORSE.

texture, any tendency towards coarseness being
indicative of inferior breeding.

Equally important are the feet, which ought to
be large; well open at the heels, and free from
disease; such as side-bone; sand-crack; false
quarter ; contraction ; flatness of sole, etc., etc.

Every buyer of a cart horse should pay particular
attention to see that the animal has well-formed,
sound feet, otherwise it is liable to become a source
of annoyance, at some future time.

The head should be of proportionate size, and
free from coarseness; the neck powerful, showing
a well-developed crest, passing below into strong,
oblique shoulders, and a short, strong arm.

The fore-arms of the Shire should be short, but
stoutly built. Each should end in a broad knee;
more especially the breadth should be particularly
well marked at the junction of the cannon, whilst
the last-named ought to be “clean’’ and big in the
bone. Pasterns should be of moderate length; of
good slope, and free from such diseases as ring-bone.
If the pasterns are too short, or too upright, they
are faulty; the same remark applies when they
are too long, or too oblique.

It is important to note the manner in which the

fore limbs are carried during movement, because
THE SHIRE OR CART HORSE. 25

many cart horses have very defective action in
front. When the feet are crossed over each other
during movement, it predisposes to bruising of
the coronet—an injury always followed by severe
lameness.

The writer does not advise the purchase of a
horse having limbs of this conformation.

Instead of the toes being turned “ inwards,”
they may be turned “ outwards,” which is equally
objectionable. The same remark applies to the
position of the feet of the hind limbs.

The position of the limbs in relation to the body
demands some attention. For instance, the fore
limbs may be placed too far backwards, thus in-
creasing the weight of the fore-hand upon them,
or they may be placed too much in front, diminishing
their share in weight-bearing.

The chest should be of great capacity, its depth
being measured by an oblique line drawn from
below the withers to the inner side of the fore-arm,
and its transverse diameter is that between one side
of the chest wall and the other; 7.e., from ribs
to ribs. All cart horses must, in the language of

‘

a horseman, be “ well-hearted,” or, in other words,
have abundant room for the free play of heart

and lungs. The back and the loins should be
26 THE SHIRE OR CART HORSE.

strong, broad, and clothed with powerful muscles.
If the back is too short it makes the animal defective
in power in this region.

Most Shire horses are particularly good in the
back, loins, and quarters, but, as in every other
variety of horse, weedy specimens are not un-
common.

Broad quarters and a gracefully-turned croup,
together with powerful first and second thighs,
and clean sound hocks, are a sine qua non.

Take particular notice of the hock and knee
action, because a Shire should be a particularly
free mover, If it is at all sluggish in this respect
do not buy it. The following postulates should be
borne in mind when purchasing a horse of this class :

Firstly: See that the horse is sound in its
wind; but a veterinary surgeon is the
right person to examine a horse before
buying it.

Secondly : Do not buy if the animal’s sight is
not perfectly good.

Thirdly : Remember that such vices as crib-
biting, weaving, and wind-sucking, all pre-
dispose to disease, and are objectionable
habits.
‘ore AIIYS

 
THE SHIRE OR CART HORSE. 27

Fourthly: That broken wind; roaring; and
whistling, completely destroys the value of
a horse for commercial purposes. {3° ‘..

Fifthly : That both string-halt and shivering
are incurable diseases, rendering the animal
of but trifling value.

Sixthly : That it is better to pay a fair price
for a good horse than a low price for a poor
one.

Lastly : That by the employment of a qualified
veterinary surgeon, a buyer may save him-
self many, many sovereigns, along with a lot

of useless worry.
28

CHAPTER III.
The Suffolk Horse.

THIS is an exceedingly useful variety of horse
where heavy work has to be performed at a
quicker pace than either a Clydesdale or a Shire
can do it. Formerly the term “ Suffolk-Punch ”’
was applied to these horses, probably because of
their round or punch-like appearance. For its
size the Suffolk horse is a remarkable “ puller,”
and will shift a load that many a bigger horse is
unable to move. The powerfully developed
shoulders, arms, and fore-arms, constitute a strik-
ing feature of the breed, which, along with their
clean limbs, renders them particularly suitable for
agricultural work ; for brewers ; and for the middle-
class work of contractors, etc.

The typical colour is chestnut, dark-red chestnuts
being the most popular. The correct height is
about 16,1 hands. The temperament of the Suffolk
UOT] TRIS YIOHNS

 
THE SUFFOLK HORSE. 29

is usually very good, and the constitution, as a rule,
tolerably hardy.

A short, thick neck, with great depth of chest ;
well sprung ribs; a short compact body; thick
flanks ; and gracefully-sloping quarters, of great width
and power, together with powerful first and second
thighs, and clean, well-built hocks, free from disease,
along with sound feet, constitute essential points
of beauty. Any tendency towards flat-sidedness,
shallowness, or narrowness of chest, is decidedly
faulty. Very few Suffolks, even when indifferently
bred, are deficient in this respect. Compared to
all other heavier varieties of horse, the average
Suffolk, so far as its limbs are concerned, has no
superior.

The fore-arms are particularly well formed, and
the limbs “clean” throughout. The great depth
of chest; the powerful shoulders; arms, and fore-
arms, are clearly indicative of enormous power in
front, and anyone who has observed a Suffolk at
a dead pull, cannot but have been struck with its
wonderful powers of draught, and free movement.

The Suffolk Horse Society has done an enormous
amount of good towards improving and maintain-
ing a high standard of excellence for the breed,

and most of the best agricultural shows through-
30 THE SUFFOLK HORSE.

out this country provide one or more classes for
the Suffolk.

A Suffolk horse of good pedigree can be ob-
tained for about sixty guineas, and if it is properly
looked after, when bought at the age of, say, five
years, it will, with ordinary attention, continue to
do good work for twelve years at least.

For breeding stout van horses, a Suffolk makes
an excellent cross; and for the production of
weight-carrying hunters it was, at one time,
largely employed, either as sire or dam, but since
the improvements brought about by the Hunters’
Improvement Society there has been little need
for this cross.
31

CHAPTER IV.
The Hackney or Harness Horse.

THE term “Hackney” is applicable to almost
any kind of horse used for lighter draught purposes,
though at one time it was customary to speak of
the ‘“‘ Hackney’ as the Norfolk trotter, and this
county may be regarded as the one in which the
breed originated. Although the present strain of
‘“Hackneys’”’ does not disclose much evidence of
the thorough-bred ; nevertheless, the “‘ Hackney ”’ is
indebted for most of its excellences to the Darley
Arabian imported by one Mr. Darley, and foaled
in 1702. This horse was the sire of Flying Childers,
foaled in 1715, followed by Blaze, foaled in 1733 ;
Shales the Ist, 1755, who was the sire of Driver,
foaled 1765 ; in 1780, Jenkinson’s Fire-away ; and
this horse was the sire of West’s Fire-away, which,
in turn, begat Burgess’ Fire-away in 1815. The
horse last-named is the sire of Wild-fire, and the
32 THE HACKNEY OR HARNESS HORSE.

latter begat Phenomenon, foaled in 1835, and from
this horse was derived Performer, born 1840. The
last-named was the sire of Sir Charles, born 1843,
followed by a son of the latter, called Denmark,
foaled in 1862; and from Denmark came the famous
Danegelt, foaled in 1879, and sold to Sir Walter
Gilbey for many thousands, and a cheap horse he
was at the price.

Both Danegelt and Denmark were bred by the
late Mr. Bourdass, veterinary surgeon, of Hun-
manby, Yorkshire.

From the foregoing it will be seen that the

,

‘“‘ Hackney ”’ owes most of its qualities to the Arab
sire; but, through a long period of careful selection,
of the best class of light horses, many improvements
in the breed have been brought about. As a

>

general utility horse, the ‘‘ Hackney” has no
superior ; although the axiom that ‘‘a hack is a
horse to ride, but a Hackney is a horse you should

,

not ride,’ often does apply, it is hardly applicable
to the present type of Hackney ; in fact, many of
these horses make the best hacks which one could
possibly obtain. Most of the present day Hack-
neys are much bigger horses than the Norfolk trotter
was, the average height for the latter being about

fifteen hands, or a trifle under this; but many
“28 aSvg Surg |

-ouyorpy peaid.g v

rs

 
THE HACKNEY OR HARNESS HORSE. — 33

Hackneys are over sixteen hands. The terms
“Hackney ”’ pony, and cob, seem to be almost
sufficiently explanatory, though the former may
be said to comprise ‘‘ Hackneys”’ under fourteen
hands, and the latter between fourteen-two and
fifteen hands. Very high prices are commonly
paid for typical Hackneys, and at no time in the
history of the breed has the Hackney pony been
more popular than it is at the present. There is
no doubt that if a first-class Hackney sire be
selected, and mated, say, with a good Welsh mare,
or other hill pony, the produce should be very
satisfactory, and a profitable business might be
established, through breeding this class of pony.
Like every other variety of horse, no matter whether
of good or bad breeding, the Hackney has its defects
of conformation, and causes of unsoundness, some
of which are believed to be of a hereditary nature ;
though it is quite probable that many of these
so-called hereditary ailments have not been
handed from parent to progeny. If one is thinking
of purchasing a pedigree Hackney, the horse repos-
itories are not the places to seek such an animal ;
but the right plan is to open negotiations with some
breeder of repute, making arrangements to look
over his stud. Many breeders have an annual
3
34 THE HACKNEY OR HARNESS HORSE.

sale; others, again, at intervals of a few years.
The most important points to look for when
selecting a Hackney are the general build of the
animal and its action fore and aft. The term
“extravagant action”? is applied when the knee
and shoulder action is excessively high; but, of
course, this is unsuitable for saddle purposes. In
fact, for the latter use the animal must not have a
high action, but be a good all-round mover, neither
high nor low. For harness purposes it is a different
matter, many buyers preferring a high degree of
action, style being more important than durability.
On looking over the points, note whether the head
is free from coarseness; a heavy, coarsely-moulded
head, covered by thick skin, and coarse hair, is indi-
cative of inferior quality. Note the expression
in the eyes, which should be full of intelligence
and free from any vicious expression. The neck
should be of moderate length, thick, and show a
well-developed crest, ending below in moderately
high withers. For saddle purposes, low withers
are objectionable.

Back and loins to be strong, ending in gracefully-
sloping quarters, and powerful first and second
thighs.

Pay particular attention to the fore limbs. A
THE HACKNEY OR HARNESS HORSE. 3s

strong fore-arm, of moderate length, with broad,
clean-jointed knees, wide at their junction with
the cannons, are necessary qualities. Below the
knees, the legs should be particularly clean—i.c.,
there should be no waste of material beneath the
skin, nothing but skin, bone and tendons being felt,
when manipulated with the hands. Any tendency
towards coarseness, swelling, or disease, in this
region, necessarily constitutes a fault; but the
most important of all for the intending purchaser
to note is whether there be evidence of “ splint,”
thickening of the tendons, etc. For the detection
of these, the reader is referred to the section of the
book dealing with the causes of unsoundness ; also
the chapter on conformation.

The feet constitute such an important part, not
only of a Hackney, but of any horse, that the buyer
must make a most careful inspection of them, other-
wise he will probably find that he has to suffer
through neglect in this respect.

The hocks should be carefully examined for the
presence of such diseases as bone spavin, bursal
enlargements, etc., and particular attention should
be given to “hock action,” because, if a horse
does not freely flex his hocks, he is no good either

for saddle, or for harness purposes. Puffy swellings
3*
36 PONIES.

in the neighbourhood of joints, such as the fetlocks,
etc., are either indicative of hard wear, or of wear
brought on through working the animal before its
arrival at maturity. With regard to age, for the
purchase of a Hackney, a good deal will depend
upon the purposes for which it is required, and upon
the temperament of the individual who is going to
use it. For drivers of nervous disposition, an
aged—say ten years—horse, that has been well
schooled in traffic, will be the most suitable ; but
for ordinary purposes, to do work in town, a horse
at six years should be selected.

The prices of Hackneys vary considerably, but
a good Hackney pony can be purchased at thirty-
five or forty guineas; but several hundreds are
commonly paid for show purposes. The average
price for a fairly good Hackney, about fifteen-three
hands, is seventy-five guineas. This remark does
not, of course, apply to show animals.

Ponies.

,

The term “ pony ”’ should be restricted to horses
not exceeding 14.2, or at the outside 14.3, hands ;
in fact, what may be regarded as the typical heights
range from the diminutive Shetland, at, say, eight

hands (thirty-two inches), up to the thorough-bred
PONIES. 37

pony, or other similarly built, and standing at,
or about, 14.3 hands.

The chief varieties of ponies are as follows:
New Forest, Exmoor, Dartmoor, Fell, Welsh,
Shetland, Rum, Connemara, Iceland, Norwegian,
Russian, Basuto, etc.

All the foreign breeds of ponies are distinctly
inferior to home-bred horses, but they have
advantages, chiefly with reference to price and
hardihood.

The Hackney pony is probably the most useful
of all, and if a reasonable price is paid and the
buyer is careful in his selection, he will be more than
satisfied with a purchase of this description.
Thorough-bred ponies are particularly suitable as
hunters for boys, and if such have been properly
schooled, they are generally very safe for saddle
purposes.

Welsh ponies are hardy and very sure-footed,
making excellent animals for mating with a
Hackney. The Welsh Pony Societies have done
an enormous amount of good work in the interests
of the breed. These useful little animals are largely
employed in coal mines, their small size rendering
them particularly adapted for the work. They
are hardy, and when properly broken, will do an
38 PONIES.

enormous amount of work, proving to the pro-
prietor that they can be of more real use than
animals of much larger proportions.

Shetland ponies are very suitable for children,
provided that they are properly broken. It is a
very good plan to purchase an unbroken Shetland
pony, and then break it for children’s use, both
for saddle and for harness. Select a pony from
nine to ten hands, or a trifle over the latter, either
black, or brown in colour. White specimens of
Shetlands are exceedingly rare, but bays, browns,
blacks, chestnuts, and roans, are the usual colours.

The prices of these ponies range from four or five
pounds up to twenty or thirty, or even more ; but
one can purchase a first-class Shetland pony from
seven to twelve pounds. Some of them are very
fast ; in fact, a Shetland pony, which the writer
used to drive, was one of the fastest ponies he has
known for its size.

No matter whatever variety of pony be selected,
the purchaser should see that the animal has good
knee and hock action ; and that both these joints
are free from disease, such as stiffness, and the
latter free from bone-spavin, swelling, etc. The
head should be small, covered by thin skin, and

fine in its outline; any tendency towards coarse-
PONIES. 39

ness in the region of the head being decidedly
objectionable.

The general build of a pony should comprise
oblique shoulders, moderately high withers, a deep
chest, well sprung ribs ; but a slightly flat side is the
best for saddle purposes. A short back, with well-
rounded quarters, and gracefully-turned croup and
stifle, are the essentials of beauty in these regions. If
a pony is narrow in front, shallow chested, or tucked
up at the flank, and has a drooping croup, it gives
him a very weedy appearance. The same remark
applies when his legs are too long and deficient in
bone and substance, more especially if the pony is
inclined to have upright pasterns, and boxy feet.
These are all defects of conformation, but defective
conformation does not constitute unsoundness, and
a veterinary surgeon can only reject such an animal
when he has good reasons for believing that the
defects will interfere with its future utility.

If the reader contemplates purchasing a pony,
the writer advises that he should have it examined
by a veterinary surgeon, and if he is satisfied as to
its soundness, ask the seller to let him have it on,
say,a week or ten days’ trial, so that the buyer
will have an opportunity of ascertaining its good
and bad points. Select a pony about five years
40 PONIES.

old, either brown or bay for preference, broken
or unbroken, in accordance with requirements.

Many ponies are very weedy about their legs,
being far too light in bone and defective in action.
Speedy-cutting is common amongst ponies with
high action, and it is a very dangerous habit ;
in fact, one that all veterinary surgeons make a
point of rejecting the animal for. It is indicated
by the presence of a scar or scars just below the
knee at its inner side, this being the part struck
with the shoe.

For defects of conformation, and the various
forms of unsoundness, the reader must turn to the
chapter dealing with these subjects, as all ponies
are built much upon the same lines as regards

general conformation.
41

CHAPTER V.
The Action of Horses.

WHEN a horseman speaks of action he refers to the
movements the animal executes with its fore and
hind limbs. For instance, he says that a horse has
good ‘‘front”’ action; or good action ‘“ behind.”
But these remarks are not confined to movements
executed by any particular joint. If he wishes
to do this, he speaks of good hock, knee, shoulder
action, etc. There is a wonderful difference in the
action of horses, and, when selecting an animal,
the work that it will be required to perform will,
to a large extent, have to guide one as to the class
of action most suitable for the purpose. Action is
spoken of as high and low, confined and extensive,
and also as good, bad, and indifferent.

Good Action.
A horse with a good action will be much less
likely to fall than one with a bad one. If the
action is good, it must be moderately high, cover a
42 THE ACTION OF HORSES,

fair amount of ground with each step, but, above all,
be free, and performed with rhythmical precision,
the foot being planted firmly, and flat upon the
ground. This form of action is seen in  well-
bred horses, and those which are full of energy.
The shoulders, knees and hock joints must be
freely flexed and extended, yet the action not
excessive. For hack and road work, this action
is superior to animals in which it is either too
high or too low. Bad action may be low;
irregular; or confined. If it is irregular, and
slovenly performed, no matter whether it be a
heavy or light horse, it is not advisable to

purchase.

Low Action.

This term is expressive. The animal does not
lift its feet far from the ground. The term “‘ low” —
daisy-cutting—action is applied to such horses. It
predisposes them to stumble, more especially upon
stony roads or uneven ground. Low action, if
accompanied by digging the toes into the ground,
is one of the worst kinds, and it will sooner or
later bring the horse to the ground. Horses with
low action execute very little movement with the

shoulders, knees and hocks.
THE ACTION OF HORSES. 43

High Action.

Pedigree horses of the Shire, Clydesdale, and
Hackney class are usually possessed with high
action. It is generally supposed that a horse which
lifts its feet well from the ground is much less likely
to stumble than one going close to the ground. To
a certain extent, this remark is true; but it does
not matter whether the action be high or low with
some horses, because they will in any case come to
the ground owing to the slovenly manner in which
these movements are executed. When speaking of a
hack, that celebrated sportsman, “‘ Nimrod” (the late
C. J. Apperley), says: “ There is one essential quality
sine qué non, which is that he should go near the
ground and yet go safe. Perhaps it may not be
generally known that a horse may go very near
the ground and never make a trip ; and that another
may lift his knee up almost to his nose, and yet
be an arrant tumble-down. Were I to say which
were the safest animal in all its paces that ever came
under my observation, I should have no_hesi-
tation in saying that it was a mare, and that was
in my family upwards of fifteen years, that touched
every stone that she passed her foot over, but never
made a mistake in all that time. Lifting up the
44 THE ACTION OF HORSES.

leg, or what the London people call knee-up action,
has nothing to do with a horse going safe on the road.
It is not on the taking up of the foot, but on the
putting of it down that the safety of a horse’s action
depends. When I try a horse, with a view of purchas-
ing for a hack, my trialisashort one. I get upon his
back, and, loosing his head, let him walk a hundred
yards on the footpath. If nature has designed him
to stick his toe into the ground instead of putting
it down quite flat (in which way alone he can go
safely), he will do so two or three times before he goes
that distance. There are little undulations neces-
sarily in every road which are scarcely perceptible,
but which for that reason will immediately show
this sort of action. If, on the other hand, he walks
smoothly over, without touching it, I try his other
paces, and,if I like them, I have no reason to fear
his tumbling down.” Horses with high action,
necessarily, are more liable to suffer the effects of
concussion than animals having it in a moderate
degree. They do not wear as long, and such diseases
as splint, side-bone, etc., are frequently met with in
this class of animal. It is an essential action for
the show ring, but it is no use for a horse to have
high action in front, and low action behind. In fact,

good hock action is more important than good knee
THE ACTION OF HORSES 45

action. The term “‘ extravagant action” is employed
by horsemen as expressive of high action in a super-
lative degree. There is a remarkable difference
amongst horses with high or extravagant action in
the manner in which they bring their feet to the
ground. Some will do so, so lightly, that the effects

of concussion, are reduced to a minimum.

Extensive Action.

Also termed free or pitching action. Horses
having this form of action have a long forward
stride, throwing the limbs freely in front of them.
Long shoulders and a long fore-arm—in fact, length

of limb fore and aft—are essential for an action of
this kind.

Confined Action.

This is characterised by a short stride. But all
horses having this kind of action are not neces-
sarily slow-paced, the number of movements in
a given time enabling them very often to cover
more ground than a horse with an extensive stride.
Horses of this class usually have low withers, a
short back, and short legs.
46 THE ACTION OF HORSES.

Precise Action.

All the movements fore and aft are executed in a
perfectly harmonious manner, the extent of the
stride and the period of repose being performed
with great regularity ; and horses with such action
are generally very safe animals either for hack, or
road work. It is seldom that young horses have
action of this kind, as it is the outcome of
practice, but, above all, of thorough tuition, by a

good horseman.

Irregular Action.

All horses that have been badly driven or ridden,
or improperly schooled, have an action of this
kind. They are always stumbling, and unsafe for
either riding, or driving. Defective conformation
of the limbs has a good deal to do with this kind
of action; but no matter however good a horse
may be in its paces, a slovenly driver will easily
convert its action into one of irregularity and

sluggishness.
47

CHAPTER VI.
The Age of the Horse.

Introduction.—The only reliable method of ascer-
taining the age of a horse is by reference to its
teeth, such evidence being afforded, first, through
the shedding of the milk teeth at regular or fairly
regular periods ; secondly, by the changes that take
place upon the cutting surfaces, or tables, of the
incisor teeth, together with the cutting and devel-
opment of the molar teeth. It is necessary to
understand the difference between temporary or
milk teeth and those which are permanent. The
reader should, therefore, make an inspection of a
foal and yearling, or, what is still better, examine
the mouth of a colt between two and three years,
because both temporary and permanent teeth
can be seen side by side. It will be noticed that
the temporary teeth are smaller than the permanent
ones ; that they are whiter, and have not the well-
defined groove so plainly visible on the front face
48 THE AGE OF THE HORSE.

of the permanent ones. These remarks, of course,
only apply to the incisor teeth. The cutting
surface of an incisor tooth is called the table, and
it is the alteration in the shape of the latter,
through wear, that enables one to form an
opinion, as to the age. The outer boundary of
the table is circumscribed by an enamel ring.
This is called the “ outer’’ enamel ring, in order
to distinguish it from a smaller enamel ring
occupying the centre of the table, and termed the
“inner”? enamel ring. This ring surrounds a central
mark, or cavity, known as the infundibulum, but
to horsemen simply as the “ mark.’ In a tooth
recently cut this mark extends right across the
table ; but, as wear advances, it alters in its shape,
ultimately becoming completely obliterated ; but
this does not take place till the animal is ten or
twelve years old, being then spoken of as “ aged.”
The number of temporary incisor teeth is twelve,
six in the upper, and six in the lower jaw. There
are also twelve temporary molar teeth, three on each
side of the upper and lower jaws, and for the con-
venience of study it is usual to speak of these in each
jaw as the first, second, and third temporary molars,
in contradistinction to those which subsequently
follow, and called the fourth, fifth, and sixth per-
THE AGE OF THE HORSE. 49

manent molars. In the horse and gelding four
tusks are present, and these make their appearance
about the fourth year, being permanent. Many
irregularities occur during the development of the
teeth ; but these instances are exceptional, and
certainly not sufficient to disturb the recognised
system of ascertaining the animal’s age by reference
to its teeth.

The Age.

Within a few weeks after birth the foal develops
a pair of temporary incisor teeth in the upper and
lower jaws, and, as these occupy the middle of the
gum, they are called “ centrals.”” In another month
or six weeks another pair of temporary incisors
appear. These are the “ laterals ;’’ and by the time
the foal reaches, say, three months, the third pair
of incisor teeth appear. These are the corner teeth.
At one year old all the temporary incisors are
well developed and in wear, continuing to be made
use of until the end of the second year, so that at
two years the foal has still nothing but temporary
incisor teeth in its mouth. In the case of race
horses, early maturity has an influence in the
earlier appearance of the permanent incisors, and
dentition of these animals is slightly in advance of

4
50 THE AGE OF THE HORSE.

those which are not brought to such early maturity.
Very shortly after two years—say, two years and
three months, or two years “ off,’ as it is called—the
“central’’ pair of incisors is replaced by a corre-
sponding permanent pair. These changes are
obvious in the gum just about two years, being
indicated by redness of it. At two years and a
half the “ centrals’’ are about half-way up, and at
three years they are well developed, and their
cutting surfaces have come into wear. At three
years “‘ off ’’—that is, three years and three months
—precisely the same stages take place in the
“lateral”? teeth—z.e., the permanent “ laterals ”’ are
in the mouth. They are about half-way up at
three years and a half, and by the time that the
animal is “rising” four, their front edges meet
and their tables come into wear. At four years
“off” these changes are repeated in the “‘ corners ;””
and at five years old, the mouth has a very full and
compact appearance. It will be noted that the
incisor teeth of a yearling and those of a five-
year-old are not unlike at first sight; but in
the former, of course, we have temporary teeth,
and in the latter permanent ones. The term
“full mouth” is applied to that of a five-year-
old. Up to the age last named the means
 

 

 

 

 

LOWER INCISORS.

1. At three years the central permanent incisors are well up, only the portion of the
table behind the mirk does not show much signs of wear. It is soon after two years and
three months that the central sucking-teeth are shed.

2. Soon after three years and three months, or more correctly, three years ‘‘off,’’
the lateral milk teeth are replaced by the permanent ones.

3. Again at four years ‘‘ off’? the cormex sucking teeth are replaced. When the
animal reaches five or thereabouts it has a full level set of permanent incisors, and the
mouth has a very neat and full appearance. The corner incisors show very little wear
upon their tables, unless in front of the mark, /.e., the so-called zfundibulum.

4- If the corner incisors are carefully inspected in a horse that is rising six, it will be
seen that the hinder part of the table of the tooth is not in proper wear; the front is,
however. This is the best evidence of a rising six years old.

«l. A section through a sucking or temporary incisor tooth.

4. A section through an unworn permanent incisor. It illustrates the parts as follows :—
(a). Enamel covering a little lower on the front than the back. (4). The so-called szark
or infundibulum. (c). Dentine. (d). Cavity containing pulp. (e). Covering of fang or
root of tooth.

C. Transverse section through a worn incisor tooth, showing the following parts :—
(a). The outer enamel ring. (6). The inner enamel ring, which surrounds the central
mark. (c). Dentine. (a@1). Mark or dnfundzbulum.

[ Factne page §0.
THE AGE OF THE HORSE. 51

of judging the age, as we have shown, is
entirely based upon the replacement of the tem-
porary incisors by the permanent ones. From
this time onwards reliance must be placed upon
the wearing surfaces of the incisors, and the appear-
ance presented by the upper and lower teeth during
their apposition as viewed from the front and in
profile. At five years ‘off,’ the corner teeth only
show slight wear, and the posterior margins are
round. At six years “off,” the tables of the
“corner” incisors are well formed, and _ the
mark extends nearly across the long axis of the
teeth. There is often a good deal of trouble
arising at the ages of six, seven and eight,
because horse dealers commonly dispose of an
animal being eight years old as six, or a horse
that is ten years old they will sell as one at
seven ; and it is a common practice to dispose of
not only “aged” horses, but those at twelve and
fifteen years of age,as being seven years old. One
has only got to ask a man what is the age of his
horse, and, if he is endeavouring to sell it, the chances
are that he will say six or seven years old. Disputes
often arise in this way. At seven years the “ cen-
tral” incisor teeth are somewhat different in the

shape of their tables, rendered more obvious by
4*
52 THE AGE OF THE HORSE.

comparison of a horse at six and one at seven. At
seven years, the central incisors are more trian-
gular, and the “mark” is shallower. It is not
so elongated in a horse at seven years. Again,
at the latter age the table in front of, and
behind, the mark is fairly well formed. At
eight years—which may be termed the age of
deception—the central mark has undergone con-
siderable alteration in its shape in the whole
of the incisor teeth. In the “centrals”’ it repeats
almost the outline of the table, being triangular,
whilst it is very much smaller in the “laterals”
and “corners’’ than in a horse of seven years.
After a horse has turned eight, it is usual to speak
of it as being “aged,” and any opinion as to the
animal’s age after eight years, or thereabouts, can
only be an approximation. Galvayne’s method
of ascertaining the age from ten years upwards,
affords a fairly reliable means of giving an opinion,
though a speculative one, as to the probable age of
an animal. Mr. Galvayne refers to a groove that
makes it appearance upon the outer face of the
upper “corner” incisors at the age of ten years.
This groove begins close to the gum, and it is
due to shrinking of the latter; and the more

the shrinking of the gums the more the groove
THE AGE OF THE HORSE. 53

presented for inspection. When the whole of
the incisor teeth are grooved, this method
becomes complicated. The groove extends about
a third of the way down by the time the
animal is fifteen or sixteen years of age; two-
thirds at twenty years; and the whole of the
way between twenty-five and thirty years. So
far, very little mention has been made of the
molar teeth as a medium for ascertaining age. For
ordinary purposes it is not necessary to refer to the
molars, but it may become expedient to do so.
At one year the fourth permanent molar is on a
level with the first, second and third molars, but
it is cut about nine months. At eighteen months
the fifth molar is on a level with the others, and
between three and a half and four years, the sixth
molar is level. The first, second and third tem-
porary molars have to be replaced, and the first
and second are replaced at two and a half years,
whereas the third one is replaced at three years,
making a complete permanent set of molar teeth.
The tusks are sharp at six years, but blunt
at seven. In some instances of abnormal den-
tition the upper row of incisor teeth completely
overlaps the lower ones, whereas in others, the
lower teeth project beyond the upper ones. The
54 THE AGE OF THE HORSE.

‘

terms ‘‘parrot-mouth” and ‘reversed parrot-
mouth ’”’ are, respectively, applied to these irre-
gularities. A horse that is kept upon a sandy
pasture will obliterate the mark sooner than one
where the soil is of a chalky nature. Feeding on
hard food wears away the teeth faster. Horses
that are in the habit of biting their crib usually
show this by the wear on the front edge and face of
the incisor teeth. In every case, it is usual to refer

to the lower incisors only for evidence of age.

General Appearances as Indicative of Age.

Veterinary surgeons, and others dealing exten-
sively in horses, can form an opinion as to the
animal’s age by its general appearances. Grey
horses usually turn white after they are about eight
years of age. A horse under three years of age
lacks the development of one at four or five, and
the carriage of a young animal is not as graceful
as that of an older one. Work has, of course, an
important influence upon the physical condition
of an animal, at a given age. When young horses
are put to work on hard roads, say,at three years
old, they will, by the time they arrive at about five
years, show as much evidence of wear as a horse

that has been carefully worked at ten or twelve
 

 

 

 

 

LOWER INCISORS.

5. A horse's lower incisors are shown at seven years. The hinder part of the table in
the corner incisors is well inwear. The tushes are now growing much longer in appearance.
6. A horse’s incisors at eight years. The central incisors are losing their mark, and the
table of the tooth is now fairly triangular in its outline ; the inner enamel ring in the lateral
incisors is less elongated. When a horse has turned eight it is usual to speak of such as
being ‘‘aged.’’ After this age it is impossible to form any accurate or fairly accurate

opinion as to its age.
7. A horse’s lower incisors about twelve years. All these teeth are assuming the

triangular.

8. The teeth of a very old horse. The great length of the teeth is due to shrinkage of
the gum. The dental arch has now become almost obliterated ; the age is probably about
thirty years.

DY. Sucking or milk tooth.

£, Permanent tooth.

F. Permanent tooth ; unworn sucking tooth.
[Facing page 54.
THE AGE OF THE HORSE. 55

years. The early maturity of a race horse, and its
decline, occur within the time when, say, a Hackney
ought just to be beginning work in earnest—that
is, between five and six years. There can be
no greater mistake than that of working horses
too young. They become worn out before they
really ought to work at all, and no amount of
veterinary attendance can restore the shattered
parts of the anatomy. With the approach of old
age, grey hairs appear about the head, eyes, muzzle
and face of dark-coloured horses. Hollows appear
above the eyes, the teeth elongate, and the gums
shrink. Some old horses keep their condition
remarkably well, and look as blooming as a
youngster. But it is usual to find old animals
deficient in flesh. The spine sinks, the back-bone
becomes prominent, and the quarters angular.
The neck and the withers lose their stoutness ;
but, above all, an old horse, if it has done
much work, shows well-marked evidence of hard
wear about the fetlock joints, hock joints, tendons,
etc. The late Mr. Blain said that a horse of
five years may be, comparatively considered, as
old as a man of twenty; at ten years, equal
to a man of forty; at fifteen, to one at fifty;

and twenty, as equivalent to one of sixty ; at twenty-
56 TRICKS OF DEALERS.

five, equal to a man of seventy ; at thirty, to one
of eighty ; and at thirty-five, equal to a man of
ninety. Horses at twenty-five and thirty years of
age are as common as blackberries, and there are
thousands of such animals working in our cities.
It has been placed on record that a horse has lived
to sixty or sixty-five years, but instances of this

kind, must indeed be rare.

Tricks of Dealers.

The horse dealer has attained a notoriety second
to none in the matter of corrupt practices, but the
writer has sufficient experience to teach him that
many other classes of dealers are quite as capable
of carrying on shady transactions as the much-
abused horse dealer. That there are black sheep
in every fold goes without dispute, but there are
horse dealers who value their honour as much as
any men. In all ordinary dealings some loose
statements will be indulged in, if success is to
attend the business man; and the horse dealer,
like every other man, is anxious to make the
most of his wares. But he is at a disadvantage.
His purchases being of animate, and not inanimate,
objects, he has consequently to put up with an
occasional death in his stud, or with depreciation
TRICKS OF DEALERS. 57

in the value through development of some disease
not apparent at the time of purchase. The risks
attending a dealer in live stock are at least fifty per
cent. greater than those incurred in ordinary com-
mercial transactions. To make up for all these
losses it is essential for the horse dealer to compen-
sate himself. Consequently, it is necessary for him
to seek a good return for his outlay. The calling
of a horse dealer demands a lot of hard work, a
considerable amount of capital, and the exercise of
sound judgment. Without these, and the posses-
sion of a large amount of tact, it is useless for any
man to embark upon this business with any hope
of success. If a man places himself in the hands of
a dealer of repute, and is willing to pay a fair price
for an animal, the dealer will, in ninety-nine cases
out of a hundred, give him satisfaction. A distinc-
tion must be made between the dealer of repute and
the one without such. The latter are men without
principle and without capital, and for any man to
purchase a horse from a man of this class, is
simply foolhardiness.

Low-class dealers will offer a three-year-old to
a customer as being four, or a four-year-old as
being five, frequently adding the prefix or suffix
“rising” or “‘ off,” in order to confuse the intending
58 TRICKS OF DEALERS.

buyer, and at the same time serve as a loophole, in
the event of expert evidence being brought to bear
upon such, for the sale of an animal at an age other-
wise than that specified. To sell a horse of three
years as one of four saves the dealer a year’s keep,
but anyone purchasing a horse for immediate work,
in town, should certainly not buy an animal under
five years of age. In order to bring the permanent
teeth quickly in the mouth, a malpractice, that is
sometimes indulged in, is that of extracting the
temporary incisors. This allows the permanent ones
to come into their place quicker. A trick sometimes
practised by the unprincipled horse-broker is
that of making the animal lame upon the corre-
sponding sound limb. For instance, let us suppose
that the horse is lame upon the off fore leg, and the
dealer (?) wishes to dispose of it. By inserting a
stone, say, beneath the shoe of the opposite limb
the animal will probably bruise the sole, and thus
cause it to go lame, so that the lameness is now
balanced in front, the animal dropping equally
upon both limbs. A horse may have a bone spavin
and be very lame through it, and in order to divert
the attention of the intending purchaser the dealer
may possibly make a wound upon some other part
of the limb and ascribe the lameness to this cause.
TRICKS OF DEALERS. 59

Let us hope that no one would be so foolish as
to be misled by a trick of this kind. The term
‘“bishoping”’ is applied to a trick practised
upon the incisor teeth for making the horse
younger. It is the production of an artificial mark,
or infundibulum, by means of a hot iron. The
corner teeth are those usually operated upon, and
sometimes the whole of the lower incisors are
equally marked, which, of course, is sufficient
evidence of knavery. It is easily told, because
the inner enamel is absent. The hollow rings
above the eyes in old horses are sometimes puffed
up with air to make the animal look younger. But
this cavity is often very deep in young horses, more
especially when such are the progeny of old

animals.

Sex.

Contractors and others usually prefer to purchase
geldings in preference to mares, and, speaking in a
general way, the prices of the former are usually a
little higher. However, for agriculturists mares
are probably more useful, because they can, in
the event of their becoming lame, etc., be used
for breeding purposes. Many believe that they
are stronger than geldings, and more durable. For
60 COLOUR OF HORSES.

saddle work, it is better to buy a gelding, because
they are usually a trifle higher in the withers than
a mare, and a little lower behind. Still, there are

many excellent saddle mares.

Colour.

It is an old axiom that a good horse may be any
colour, and this is quite true; but dealers are well
enough aware that the colour of a horse often
influences its sale, because many purchasers object
to certain colours. Grey horses are often objected
to on the ground that their hair comes off upon the
clothing of the individual, and renders itself easily
seen. Whereas, if it be of a darker colour, it is not
so noticeable. White horses are rather troublesome
to keep clean. On this account they are not so
readily saleable. Again, piebald and skewbald
horses do not readily find purchasers, owing to
their ready recognition. It is generally supposed
that light-coloured horses have not the same strength
and endurance as the darker ones, but most dun-
coloured horses are generally very good workers.
The usual colours are light chestnut, dark chestnut,
liver chestnut, light bay, dark bay, brown, blackish
brown, black, blue roan, strawberry roan, light grey,

dark grey, etc. The most popular colours are bay,
CONDITION. 61

chestnut, brown and black. White upon one or
more of the lower parts of the limbs is common in
black, chestnut, and bay horses, but many people
have a particular objection to any white upon the
legs. Black points—e.g., the tail, legs and mane—
have black hair upon them, and nothing is hand-
somer than a bright bay, with black points.
When purchasing a pair of horses, it is often a
troublesome matter to get the animals equally
alike in colour, and a well-matched pair will
bring a much higher price than if the animals
are sold separately. In order for a buyer to
overcome this difficulty, it is a very good plan
to select the animals from different sources. In

this way the purchaser may save, perhaps, fifty
pounds.

Condition.

There is a vast deal of difference between con-
dition for work and condition for sale ; the object
of the dealer is to make the animal present the
best appearances that he can. He endeavours to
attain this object by liberal feeding, regular exer-
cise, good grooming, and little or no work, together
with a warm stable. The stables of horse dealers

are overheated, the artificial warmth diminishing
62 CONDITION.

the oxidation of the body; consequently, the
animal begins to lay on flesh rather rapidly. When
a dealer disposes of a horse, the animal appears to
be in the most blooming condition imaginable ;
but when it comes into the purchaser’s hands and
leads a normal existence, performing a reasonable
amount of work, it very often begins to fall away in
flesh ; in fact, so much so, that the buyer hardly
knows his horse, and is inclined to think that the
animal is out of health, whereas it is simply because
the horse has not been in a fit state for work. But
fatness does not imply condition ; in fact, it must
be taken as evidence of softness of constitution.

¢

Every horseman knows that the term “ condition”
ought to imply physical fitness for work, and that
this can only be brought about by regular feeding ;
regular exercise ; good grooming ; and the supply of
a moderate amount of the best forage; along with
proper attention to the ventilation, and lighting of
the stable. In order to get a hunter fit for work,
it is necessary to begin several months before the
hunting season commences ; and ‘‘ Nimrod,” in his
work on the condition of hunters, was strongly
opposed to the summering of these animals, believing
that the few weeks’ preparation after a summer’s

run were quite inadequate for the following season’s
CONDITION. 63
work. A horse that is unfit for work has no staying
power in it, and the dealer’s horse may go all right
for the first few miles, but it soon begins to be
breathless ; sweats easily ; and by the time that the
journey is over, it is completely knocked out of
time. Of course, one cannot blame the dealers
for endeavouring to present these animals before
the eyes of their customers to the best possible
advantage. If he be successful in selling it, there
is no warranty regarding its condition, but simply
that relating to its soundness, freedom from
vice, and suitability for the work of the pur-
chaser. If a horse is in good working condition,
its flesh feels firm when handled; and if given
a smart burst of work, it should show little
evidence of sweating, and the breathing but
trifling signs of having been disturbed. Free
sweating, soft muscles, and distressed breathing are
indications that the animal is not in working con-
dition. Some horse dealers do not keep their
purchases sufficiently long to enable them to
indulge in a forced system of condition ; but the
" stables of dealers are notorious for the feeding-up
of their purchases. When a man buys a horse from
a dealer and finds it melting away, although he has
given it fair treatment, naturally he feels very sore
64 CONDITION.

upon the matter, and believes that the dealer has
done him an injustice. This is not a correct view
to take, and the buyer must make due allowance
for loss of flesh, after the animal comes into his
hands. Until the horse has been put to work, and
its powers of endurance gradually strengthened, the
purchaser cannot look for satisfaction. The same
remark is equally applicable to horses that have
been turned out for a few weeks to grass, when
Dr. Green makes such a marvellous improvement
n the flesh of the animal, that what was before a
thin horse, has now become sleek and fat. This is
not “condition,” and no horse can work on grass.
Its flesh is soft ; it sweats easily on exertion, and
its powers of endurance are exceedingly poor.
So far as appearances are concerned it is in good
condition, but the horseman knows that this does

not imply fitness for work.
65

CHAPTER VII.

Vice.

DIFFERENCES of opinion are continually arising
as to what constitutes vice, and the relationship
between vice and unsoundness. Obviously, a horse
may be perfectly sound yet vicious, and such
viciousness may interfere with the utility of the
animal. If so, it may be argued that this con-
stitutes unsoundness. In all probability there has
been more litigation upon the subject of vice, and
its bearing upon warranty as to soundness, than
any other subjects in connection with horse trans-
actions. When aman buys a horse with a warranty
as to its freedom from vice, such warranty neces-
sarily includes all objectionable practices, both in
and out of harness, and these in the horse are by
no means few. Most veterinarians look upon crib-
biting, wind-sucking, and weaving, as_ vicious
practices, and as vice may predispose to disease,
they usually reject the animal on the ground of
unsoundness. Wind-sucking renders the animal

5
66 VICE.

very liable to suffer from an attack of colic, or
to some other digestive disturbance. It may, or
may not, be associated with crib-biting, but very
often it is. Crib-biting is very often the outcome
of idleness, and many horses acquire this vicious
habit through standing in the stable for several
days together. A horse that is a confirmed crib-
biter will show evidence of this upon its incisor
teeth, which are worn at the front. Weaving is
denoted by a to-and-fro movement, or swinging
of the head, the animal almost constantly moving
this part about, so that a horse addicted
to this habit does not get the necessary amount
of rest, which, in turn, interferes with its condition
and so with its utility. Purchasers have sought
to return horses that have one or more of these
habits, and the question that may arise is that
relating to the time that the pernicious habit may
have been in existence. Can a horse become a
wind-sucker, a crib-biter, a weaver, or a combina-
tion of one or more of these, within, say, a few
hours of purchase ? The answer must be in the
affirmative, and it becomes an impossibility to
adduce any proof to the contrary, unless the teeth
are indicative of the practice, or evidence be ob-
tained apart from that afforded by the animal. The
VICE 67

contention thus becomes in favour of the seller, and
the case should be argued accordingly. The worst
forms of vice in the horse are biting, kicking, and
bolting. Such animals are extremely dangerous,
and no one should think of purchasing such a horse.
Instead of being a source of pleasure it becomes
one of constant danger and annoyance, and would
land the owner in damages for injury to his
servants, or to other people. When an intending
purchaser goes to look at a horse in a stable, a
vicious animal will often throw its ears back, and
switch its tail, and this may be taken as fairly good
evidence that it is not very trustworthy, although
some horses will do so without being vicious.

Setting in harness, that is, refusing to move,
is another vice. A kicker in harness is generally
a “bolter” also, and the writer believes that
animals of this description are absolutely incurable.
It is quite possible that a vice may be concealed
by the administration of drugs, and large doses of
opium and hydrate of chloral are occasionally
given for this purpose. Directly their effects pass
off the animal’s devilishness returns.

Sometimes a distinction is made between
vicious practices, and bad habits. For instance,

some horsemen will term pawing in the stable,
5*
68 VICE.

slipping off the head collar, tearing off the bandages,
or clothing, and wasting the hay, etc., bad habits.
They are certainly not vices, neither are they likely
to be discovered before purchasing the animal. If
a man warranted a horse free from all faults, that
animal could be returned to the seller for having
any of these habits. To warrant a horse as being
free from all faults is a foolish practice, and one
that should never be done, because it includes such
a wide range of equine imperfections that it may
lead the purchaser to seek redress through the
most trifling cause. When buying a horse, the
purchaser should always endeavour to get a war-
ranty against vice, in addition to a general warranty
as to its soundness, because a vicious horse may
be very much worse than an unsound one, and it
may be a difficult matter to prove, to the satisfaction
of the judge and jury, that the vice is intimately
associated with the animal’s unsoundness. It is not
sufficient evidence to be able to show that the
animal bites or kicks, etc., but one must be able to
prove that such vices were present when he was in
the seller’s possession, because so many horses
acquire vicious habits directly they pass into the
hands of strangers. Consequently, the seller can-
not justly be held liable. Strange surroundings,
VICE. 69

or the separation of the animal from the companion-
ship of others, may lead to it becoming objection-
able to its new attendant.

Some horses are very timid in strange places, and
become suspicious of strangers.
70

CHAPTER. VIII.

An Epitome of Regions to be Examined for
Evidence of Disease.

The Mouth at the angles of the cheeks for
evidence of scarring and thickening, indicative of
the animal being a hard puller.

The Teeth, in order to ascertain whether the
incisors are temporary or permanent ; also to note
the age of the animal.

The molar or grinding teeth ought to be care-
fully looked at to see that they are regular and
free from disease. Look and see whether the
incisor teeth are worn away at their front edges ;
if so, the animal is a crib-biter. When buying a
young animal, say, a three-year-old, this is par-
ticularly necessary, because it sometimes happens
that, during the shedding of a temporary tooth,
the root or fang of this becomes entangled with
that of the permanent one.

The Nasal Passage.—This should be examined
for evidence of any discharge, and, if this be
EVIDENCE OF DISEASE, 71

present, the intending buyer had better defer
selecting until it has ceased.

It may only be an influenza cold, or a simple
catarrh. In glanders, there is, frequently, a nasal
discharge.

The natural colour of the nasal mucous membrane
is a delicate pink.

Sometimes morbid growths appear within the
nasal passages, and these are occasional causes
of defective breathing, such as roaring.

The Glands below the ear and beneath the branches
of the lower jaw ought to be manipulated, in order
to ascertain whether there is any enlargement of
them.

The Withers.—Bruises and fistula are the only
injuries likely to be encountered in this region.

The Shoulders should be inspected for wasting
of the muscles (shoulder-slip), and for injuries to
the skin, the result of bruising by the collar.

The Elbow ought to be examined for capped-
elbow, and for a scar on the inner side as evidence
—by no means positive, but suggestive—of the
animal having been unnerved.

Inspect the Knees for blemishes, for stiffness,
and for bursal enlargements, thickening of the

skin, etc.
72 EVIDENCE OF DISEASE.

The Cannon or Shank should be examined for
evidence of speedy-cutting, for splint—more es-
pecially immediately below the knee—and for con-
traction; sprain of the tendons, and ligaments.

Fetlocks and Pasterns.—Both these parts should
be carefully scanned and examined for bursal en-
largements (wind-galls), bony enlargements at the
back, side, or front (ring-bone).

The Feet ought to be examined for evidence of
sand-crack, side-bone, founder, canker, thrush,
corn, navicular disease, false-quarter, contraction.
Compare the heels, and size of feet. The shoes
should be inspected for evidence of excessive wear
upon some particular part, such as the toe, or
heel.

The angle of the haunch ought to be compared
with its fellow, because it is occasionally the seat
of injury —hip-shot—~.e., it is broken, or has been
broken at some time. If so, there is a flatness.

The Groin and Testicles should be felt in order
to ascertain that there is neither rupture nor
disease.

The cord is sometimes thickened ; if so, it can
be felt when the testicular covering is manipulated.

The Hocks must be examined and compared. Bone-

spavin, bog-spavin, curb, thorough-pin, psoriasis
EVIDENCE OF DISEASE. 73

(a scaly chronic skin-disease affecting the bend
of the hock), constitute unsoundness. Note the
animal’s action for stringhalt, shivering, grogginess
(navicular disease), jinked back, lameness, etc.

The special parts to be examined are the eyes,
the pulse, and the breathing.

It is a very difficult matter for an amateur to
form an opinion as to whether a horse has, or
has not, perfect vision in one or both eyes.

Cataract and opacity of the cornea are the
most frequent causes of visual defects, but there
may be other causes.

The Breathing should be examined for broken
wind, roaring, whistling, or for grunting.

The normal state of the Heart can usually be
ascertained by the regularity and fulness of the
pulse.

In the stable such bad habits and diseases
as weaving, wind-sucking, crib-biting, stringhalt,
shivering, etc., are often to be detected.
74

CHAPTER IX.

The Causes of Unsoundness.

The Eyes.—It is a most important matter that
a horse should have sound sight, but it is hardly
within the power of an amateur to be able to tell
whether a horse’s eyes are sound or not. Almost
anyone can detect absolute blindness, but there
are sO many inappreciable causes for defective
sight. It frequently happens that the purchaser
of an apparently sound horse finds, much to his
sorrow, that the animal is either partially or com-
pletely blind when it arrives home. Specks on
the transparent portion of the eye may cause
partial or complete blindness, so much depending
upon their position on the cornea. For instance,
if the speck is situated immediately over the centre
of the pupil it will be much more likely to cause
defective sight than when situated at the margin
of the cornea. Supposing the purchaser of a horse
had a warranty from the seller that the animal

was perfectly sound at the time of sale, but the
CAUSES OF UNSOUNDNESS. 78

buyer finds, say, on the following day, that the
animal shies, and, on taking it to a veterinary
surgeon, he is informed that there is a small speck
on the cornea, which is apparently the cause of
shying. The question arises whether this was
present at the time of sale; if so, there should
be no difficulty in compelling the vendor to re-
fund the purchase money. In all probability the
vendor’s argument would be that the disease had
sprung into existence since the time of sale, there-
fore the onus of proof rests with the buyer to
prove its existence at the time of sale. Veterinary
evidence would have to be relied upon. The
question is, how long does it take for a speck
(opacity) to render itself evident ? It may be at
once said that such may appear within a few hours
after an injury ; any slight scratch upon the cornea
is almost sure to cause it. A not uncommon cause
is the lash of the whip, but the best evidence, if it
is produced in this manner, is gleaned from the
shape of the mark. When the injury has only
been in existence for a few hours the speck is but
feebly marked, the milky aspect of it deepening
for the first few days. Again, a recent injury has
a tendency to spread, and not uncommonly extends
over the whole surface of the cornea; but, even
76 CAUSES OF UNSOUNDNESS.

when circumscribed—probably not larger than a
millet-seed—the margin of the speck is generally
a little deeper than its central portion. It would
appear to be impossible for any professional man
to give a decided opinion as to the duration of a
speck upon the cornea. A frequent cause of
this defect is ophthalmia or inflammation of the
eyes, and this, of course, may arise from a variety
of causes—such as the entry of a foreign body
between the eye-lids—likewise from chemical and
specific causes.

Simple Ophthalmia, or inflammation of the eyes,
is of somewhat frequent occurrence in horses, but
it is hardly likely that any man would present an
animal for examination whilst labouring under this
disease. As previously stated, the most frequent
cause is the entry of a particle of chaff, etc.,
between the eye-ball and the eye-lid. At one
time “specific ophthalmia,” or ‘‘ moon-blindness,”’
was very common, and nearly always resulted in
cataract and complete blindness. Since the intro-
duction of improved hygiene in stables, the
disease is rarely, if ever, seen in this country.
Horses that were apparently all right when left
at night, have on the following morning had the

eye found in an intense state of inflammation,
CAUSES OF UNSOUNDNESS. 77

continuing in this condition, until complete dis-
organisation had taken place.

Cataract.—This is a disease affecting the crystalline
lens, its capsule, or both lens and capsule, and
has been a frequent cause of litigation and
will probably be so until the end of time. A
cataract may be either partial or complete, de-
pending upon the area of the lens affected, and the
degree of affected sight varies in accordance with
the extent of the diseased process. For convenience,
let us suppose that A. purchases a horse from B.
with a general warranty of soundness, and that the
animal has been in the possession of A. for a week,
and that he then discovers, after consulting an
expert, that one of the eyes is affected with
cataract. The buyer may have been led to suspect
the existence of some defect of the eye perhaps,
through the animal shying, and, having been
informed of its nature, seeks the restitution of
the purchase money, with or without any ex-
pense incurred, or compensation for any injury,
personal or otherwise, that may have arisen
through such cause. The question now arises,
How long does it take for a cataract to form ?
Expert opinions will be adduced vo and con.

ye the duration of the disease in the animal;
78 CAUSES OF UNSOUNDNESS.

and the time usually occupied, by corresponding
ocular changes, in other animals. A blow over the
eye is liable to produce cataract (concussion
cataract) immediately after the infliction of the
injury, hence the argument would be in favour
of the vendor. The same remark applies when
the eye-ball has been wounded (traumatic cataract).
But injury is not the commonest cause of this
disease, cataract being generally of slow develop-
ment, and very often found to be the result of
advanced age. Supposing that the disease was
present in a horse over eight or ten years old, the
chances are that it has been of gradual develop-
ment, and in existence at the time of the sale.
The existence, or non-existence of cataract in
the subject of litigation, is more likely to arise
in argument, than that relating to its duration.
This matter can, however, only be settled
by expert evidence, ophthalmoscopic examination
being the thing most to be relied upon. A test
commonly employed for the purpose of detecting
cataract is that known as the catoptric, which
consists in taking the horse into a darkened stable
and examining the eyes with the aid of a lighted
candle. Three images of the flame are seen upon
the surface of the cornea, two of which are erect
CAUSES OF UNSOUNDNESS. 79

and move in the same direction as the candle is
moved. The third image of the flame is inverted
and moves in an opposite direction. If cataract
is present the last named is either absent or else
indistinctly seen. A very simple method for ex-
amining the eyes is to take the horse into the shade,
or else place a black hat to shade the eye. This
causes the pupil to dilate, and any defect at the
posterior part of the eye appears as a stellate
or star-shaped speck. The addition of a few drops
of a solution of atropine, or homatropine, is useful
for dilating the pupil in order to give a better
examination of the lens. Sometimes the iris is
adherent to the lens ; if so, this causes an irregular
dilatation and contraction of the pupil, denoted by
an alteration in its shape. Of course, one or both
eyes may be affected with cataract, either of a
stationary, or advancing character. It is customary
for amateurs to confuse this disease with opacity
of the cornea, and many foolish arguments arise
through their defective knowledge.
Amaurosis.—This disease, also called glass-eye,
owing to the bright, glassy appearance of the eye,
is occasionally seen in the horse, and a buyer might
easily purchase a horse affected in this way. To
all appearances the eye is perfectly normal, yet the
80 CAUSES OF UNSOUNDNESS.

animal is blind. It may be either temporary
or permanent, and appears to be due to paralysis
of the optic nerve, or retina. In some cases, ex-
cessive hemorrhage is a cause. But any inter-
ference with the normal functions of the optic nerve,
such as pressure from a tumour, morbid growth,
etc., is also liable to cause it. A horse might
be sold as sound to-day, but within a few hours
afterwards, the paralytic condition of the eye be
observed. In the writer’s opinion, no redress for
such could be obtained, because veterinarians are
fully aware that the disease may be produced by a
fall upon the head, etc. Amaurosis is indicated by
the widely-dilated pupil, and the non-responsive
nature of the pupil when the horse is brought into
the light.

Blindness.—The term blindness is somewhat
ambiguous and capable of wide interpretation ; for
instance, a horse may be partially or completely
blind, or the blindness may affect one or both eyes,
and be either temporary or permanent, in accordance
with the nature of the causes of the defective vision.
The duration of blindness likewise varies, but, as
a rule, most forms of it are permanent. A _ re-
markable feature in connection with a blind horse

is the condition of its coat. In summer it develops
CAUSES OF UNSOUNDNESS. 81

a long rough winter coat; and in winter, the short
coat of summer. The action of a blind horse is
peculiar, the animal usually lifting its feet high
and placing them on the ground cautiously. A
difficulty often arises as to which eye is affected.
In partial blindness affecting one eye, the animal,
during progression, deviates towards the sound side,
shying at objects through the imperfect vision of
the other one. All forms of blindness, no matter
whether partial or complete, constitute unsound-
ness, and any purchaser who can satisfactorily
prove that the visual defect was in existence at
the time of sale has a right to claim the return of
the price paid, plus reasonable expenses incurred.
In many of the horse repositories it is customary
to see horses catalogued as being sound in wind
and sight, and, as this constitutes a “specific”
warranty, any animal being disconform to such
warranty (proved by expert evidence as having
clearly been so at the time of purchase), gives
the buyer a strong claim for the restitution of the
money paid, though it is advisable to return the
animal, with due notice, etc., to the auctioneers,
within the time specified in their catalogue. A
blind horse, though unsound, is often of considerable

utility, many such animals performing their work
6
82 CAUSES. OF UNSOUNDNESS.

satisfactorily. In the case of a hunter, any defect
of sight is most detrimental, and such an animal
cannot be regarded as safe to ride, jump, etc.

Shying.—All forms of shying are as annoying as
they may become dangerous, and if a horse shies,
and at the same time has a hard mouth, serious
consequences are very liable to happen. Shying
arises, in most instances—in the writer’s opinion—
through defects of vision, but it may be due to
nervousness. Opacity of the cornea, cataract, dis-
placement of the corpora nigra (small sooty bodies
situated at the margin of the iris), and adhesion of
the lens to the iris, etc., are the most general causes.
Some ponies are very much given to shying at
the most trifling objects on the road, but this may
not be due to any visual defect. Once a horse
acquires this habit, it is a troublesome matter to
cure him of it, and the whip is not the best method
of doing so. To assure the animal of the harmless
nature of the object of its fear, constitutes a much
better system, and this can easily be done by
allowing it to walk up to such object.

The Nostrils.

The nostrils should be examined for the presence

of morbid growths, or evidence of catarrh, either
CAUSES OF UNSOUNDNESS. 83

recent or chronic. The evidence to be gleaned
from an examination of the lower part of the nasal
chambers may not be of much service; still, it is
necessary. Veterinary surgeons usually defer the
examination of a horse as to soundness if there
is any catarrhal discharge from the nose, and
rightly so, knowing that such may be indicative
of disease, either temporary or permanent. In
glanders there is often ulceration of the nasal
cavities, and a discharge from one nostril—usually
the left ; and the traffic in glandered horses amongst
buyers of low-priced animals at repositories is carried
on to a much greater extent than many imagine.
To guard against the introduction of an infected
animal into a stud, it is expedient to keep the recent
purchase isolated for, say, six or eight weeks.
Although ultimately fatal, a considerable proportion
of glandered horses continue to perform their work
for several years. In this way they constitute a
most dangerous source of infection to man, and to
other horses. The detection of this disease in the
present day can be done with great certainty,
although the malady may exist within the system
in a very latent form.

6*
84 CAUSES OF UNSOUNDNESS.

Sore Throat.

This is also spoken of as a cold, etc., but it is
often associated with influenza, and frequently
makes its appearance within a few days after pur-
chase, more especially if the animal comes from the
stable of a dealer. It may have been all right
at the time of purchase, and no claim can be
upheld against the seller. It is quite impossible
for a veterinarian to lay down any rule as to
the duration of an illness of this nature, but the
buyer can safeguard himself by having the animal
examined either at the time of sale, or immediately
upon arrival at his own premises.

The glands situated in the upper part of the
throat and between the branches of the lower jaw
are frequently enlarged, and in such diseases as
strangles, glanders, etc., the enlargement varies.
Likewise, it is either temporary or permanent.
But the existence of any swelling in this region
constitutes unsoundness, and it rests with the buyer,
in the event of discovery after purchase, to prove its

existence at the tume of sale.

The Mouth and the Tongue.

It is always advisable to examine the mouth
for disease of the teeth and jaw, and also for
CAUSES OF UNSOUNDNESS. 85

evidence as to the animal being a “ hard-puller.”
Although the latter cannot be regarded as con-
stituting unsoundness, it is a vice of the worst
form. Caries and irregularities of the molar teeth,
and abnormal conditions of the incisor teeth, con-
stitute unsoundness, and, being permanent, a horse
purchased with a general warranty could be re-
turned. Disease of the molar teeth frequently gives
rise to a chronic discharge from the nostrils.

The Jugular Yein.

This runs down the furrow seen on the sides of
the neck, and it is the usual situation chosen for
bleeding a horse, although this custom is not a
great deal resorted to. The scar left by the lancet
is usually obvious. It is customary for veteri-
narians to test the vein for its patency. This
is done by compressing the vein with the fingers
so as to note the column of blood momentarily
accumulated within it. Necessarily obliteration of
the jugular vein constitutes unsoundness, and its
discovery either at the time of, or within any
reasonable period of purchase, gives the purchaser

power to return the animal.
86 CAUSES OF UNSOUNDNESS.

Marks left by Blisters, Setons, etc.

Although often a very difficult matter to detect
where a blister has been applied, a little careful
examination will often disclose evidence of it.
The hair over the previously blistered part is
generally darker in colour, and of stronger
growth than that of elsewhere. If it has been
recently blistered, evidence of this is shown by
the scurfy accumulation upon the skin. Setons
and rowels always leave a small scar, no matter how
trifling. When a part has been fired, more especially
in lines, evidence of this remains throughout the
animal’s life. It is much more difficult to detect
point firing, but the chief places to look for evidence
of this are below the knee; along the course of the
back tendons and inside the hocks. Although it
is not the rule to fire a horse without the
existence of some disease, in exceptional instances
it is done for the sake of strengthening a part.
The mere fact of a buyer discovering evidence
of his purchase having been fired in some parti-
cular region is not sufficient to enable him to
return the animal, unless lameness, etc., arises,
attributable to disease in the region of the fired
part.
CAUSES OF UNSOUNDNESS. 87

The Shoulders.

Although it is not usual to find evidence of any
cause for unsoundness in this region, it is necessary
to compare one shoulder with the other, because

6c

in a diseased condition called ‘‘ shoulder-slip ”’
the muscles of the shoulder waste, a distinct hollow
being visible over the shoulder-blade. Many lame-
nesses are often attributed to the shoulder, but
in all probability a considerable portion of these
have no connection with it. It is the absence
of lameness in other parts that causes one to so
frequently fix upon the shoulder as the seat of
the lameness. Still more important is the con-
dition of the skin around the collar bed. Very
often sores (collar-galls) are exceedingly trouble-
some and many a newly-purchased horse has, to
the owner’s dismay, been found unworkable
through this cause. In a considerable number of
instances this trouble arises through a badly-
fitting collar, so it is necessary to pay attention
to this matter before seeking redress. Again, the
conformation of the shoulders may predispose the
animal to injuries of this nature, so that the buyer
should look at the shape of the shoulders when
purchasing. It is an excellent plan to leave the
88 CAUSES OF UNSOUNDNESS.

collar on for about an hour after the animal comes
in from its work, in this way preventing a sudden
chill to the skin. Evidence of a horse having a
wasted shoulder (shoulder-slip) is sufficient to en-
able the buyer to return the animal, provided this
is done within reasonable time, and that the injury
has not been produced since the horse came into
the buyer’s possession.

Point of the Elbow.

Not uncommonly there is evidence of trouble
in this region, mostly in the form of a tumour,
constituting the so-called ‘“ capped-elbow.” This
does not necessarily interfere with the animal’s
utility, but it would do so if large and acutely
inflamed. In the majority of instances it is due
to the pressure of the heel of the shoe, produced
when the animal is lying down, but occurs quite
apart from this. Such a swelling may come up
in a single night and consists of an acute inflamma-
tion of the bursa or lubricating sheath at the point
of the elbow. Continued pressure gives rise to
the production of a solid tumour, removable by

an_operation only.
CAUSES OF UNSOUNDNESS. 89

Fore-arm.

There is seldom much in this region to constitute
unsoundness, but median neurectomy is now fre-
quently performed as a remedy for lameness. It
comprises the section and excision of a portion of
the median nerve, and the seat of incision for this
purpose is on the inner side of the fore-arm, a little
below the level of the elbow. Evidence of a scar
in this region would necessarily excite suspicion,
and an intending purchaser will do well to bear
this in mind. Although a horse, that has been un-
nerved, may continue free from lameness and
perform his work satisfactorily, it is, commercially
speaking, of no value at all.

The Knees.

Most purchasers of horses look at a horse’s knees
to see whether it has ever fallen, expecting to
find evidence of such. A blemished knee does not
constitute unsoundness, neither does it necessarily
cause any depreciation in the animal’s value. Yet
it is customary to consider a horse to fall in
value ten or fifteen per cent. if it has damaged
its knee through accident. A broken knee varies
from a mere trifling abrasion, down to one of
go CAUSES OF UNSOUNDNESS.

exposure of the joint. The nature of the ground
upon which the animal falls has a controlling
influence over the extent of the injury. Some
horses are such slovenly goers that they are always
stumbling and tumbling, and unsafe for any
purpose. A variety of circumstances may cause
a horse to fall, but these may not be attributable
to either the horse, rider, or driver. In the case
of a horse hired for work the proprietor could not
recover for depreciation in value arising from the
animal falling, provided that the hirer could show
that the injury arose through causes over which
he had not, or could not, be reasonably expected
to have, control. Blemished and “ banged” knees
in hunters are exceedingly common, and those
who have had any experience in the matter usually
attach very little importance to this condition,
provided that the animal is clever and sound in

other respects.

Stiffness of the Knees.

This is a most serious fault in any horse, but in
none more so than a hunter, or any animal required
for fast work. It is either a temporary or per-
manent condition. If the former, there will be

increased heat, pain and swelling which are
CAUSES OF UNSOUNDNESS. 9gI

usually absent in the latter. Al forms of
stiffness of the knees constitute unsoundness,
although the degrees of stiffness vary. When
buying a horse it is a very good plan to flex
the knee-joints. This can be done by grasping
the fore-arm with the left hand, allowing it to rest
against the examiner’s knee, at the same time
grasping the cannon with the right hand, when the
two parts—that is, the fore-arm and the cannon—
should, by flexion, almost touch each other. A
horse that has been repeatedly down, although it
may not have actually broken the skin, has the
latter thickened ; but the most significant sign is
that afforded by the presence of a few dark
coloured hairs, or white hair. Superficial grazing
is indicated by the roughened, or broken appear-
ance of the hair.

Speedy-cutting.

By universal consent this is looked upon as un-
soundness, and rightly so, because it predisposes
the animal to stumble. Faulty conformation, high
action, and defective shoeing, are the chief causes
of it. It is indicated by the presence of one or
more scars just below the knee upon the inner
side, and every buyer of horses with high action
92 CAUSES OF UNSOUNDNESS.

should examine this region for the evidence of
‘* speedy-cutting.” It is a very easy matter to over-
look it, and the author’s experience teaches him
that a considerable proportion of horses are passed
as sound having this fault. In the heavier breeds
there is, of course,no necessity to look for speedy-

cutting scars.

Cutting, Brushing, or Interfering.

The term “ cutting,’ etc., is applied when a
horse strikes the fetlock with the shoe of the
opposite foot of the hind limb. It often causes
a considerable degree of lameness, with heat,
swelling and pain around the part struck. When
a horse has been in the habit of cutting, it does
not require much observation to ascertain this.
One or more old scars can be found; the skin
thickened ; or the joint enlarged on its inner side.
Although this defect can often be remedied by
careful attention to the shoeing, it is occasionally
due to defective conformation; and no power on
earth will remedy it. Some horses have a bony
prominence at the lower end of the pastern bone,
and it is this prominence that predisposes the
part to injury. A question that frequently

arises is, Does this constitute unsoundness ? It
CAUSES OF UNSOUNDNESS. 93

does, if one accepts the definition sometimes
employed in reference to unsoundness, namely,
“anything which does at the present, or at
any subsequent date, interfere with the utility
of the animal.” Although it is correct to accept
this, a great deal of dissatisfaction will arise if
veterinary surgeons make a hard and fast rule
to reject horses which are slightly given to cutting.
A good deal of discretion must be exercised. If
there is any enlargement of the fetlock, or the
action defective, or sluggish, it is better to avoid
purchasing the animal.

Splint.

Amongst all the diseases affecting the bones of the
horse, splint is one of—if not the—commonest (and
there are very few men who have had anything to
do with horses that do not know the meaning of the
term), though the writer’s experience leads him to
believe that many of those who pretend to know
what constitutes splint have little knowledge
beyond that of imagination. Splint is equally
common to both light and heavy horses, but veteri-
narians do not attach much importance to it in
the latter, excepting vanners, etc., required for
fast work. All forms of splint constitute unsound-
94 CAUSES OF UNSOUNDNESS.

ness, no matter whether high or low, inside or
outside the leg. One can never tell how long
a horse may continue sound when this disease is
present, and an apparently trifling splint is sud-
denly found to have produced a most intractable
lameness. A common situation for the splinty
deposit to appear is upon the upper third and inner
side of the cannon bone, just at the junction of the
cannon with the splint bone. The splint bones are
two slender rods, situated at the back of the cannon
bone, one of them being on the inside and the other
on the outside. Each of these small bones com-
prises a head, body, and terminal point below,
known as the “ button” of the splint bone, and
amateurs often confuse the latter with splint—a
totally different matter altogether. As previously
stated, the usual place for splint to appear is at
the upper and inner side of the cannon bone, but
not uncommonly the splinty deposit is situated
immediately below the knee, constituting one of
the worst situations it can occupy and _ that
nearly always gives rise to lameness; yet the
splint is exceedingly difficult to detect. Some-
times a whole group of splints are found at the
back of the cannon. Again, these same deposits

are often found upon the front, and the outside of
CAUSES OF UNSOUNDNESS. 95

the cannon, lameness being very liable to spring
up should the part be struck. Young horses are
most liable to become lame through splint, and it
is chiefly during the formative stage that lameness
arises, though not necessarily so. The splint repre-
sents the legacy of a previous inflammation, so that,
should any trouble arise as to the existence of this
deposit at the time of purchase (say, within a
week or ten days), there is sufficient evidence that
the splint was in existence at the time of sale.
Some veterinarians make a practice of passing horses
as sound, though having a small splint, provided
that such is situated in a position that they regard
as harmless. Others again will pass the animal
as “practically”? sound, and the seller may be
induced—or, at any rate, he should be—to make
a slight reduction in the selling price. Obviously
the purchaser takes all risk. A remarkable feature
in connection with splint, even when very large, is
its occasional spontaneous disappearance. Many
horse dealers, when they are trying to sell a horse,
feel very aggrieved when a veterinary surgeon
rejects the animal for what they choose to term a
trifling splint, and not uncommonly the dis-
appointed dealer seeks his revenge in the abuse
of the veterinarian’s abilities. Hereditary predis-
96 CAUSES OF UNSOUNDNESS.

position is thought to play an important part
in the production of splint, but the chief exciting
causes appear to be unequal distribution of

pressure, and concussion.

Sprain of the Back Tendons.

Running down the back of the leg are two very
important tendons, known as the flexor pedis
perforans and flexor pedis perforatus ; also a stout
ligament—the suspensory—all of which structures
are, not uncommonly, the seat of sprain, either
recent or old. A horse may be perfectly sound
at the moment of purchase, but become unsound
on its way home through sprain in this region,
and the buyer will have to put up with it. A
recent sprain is indicated by increased heat,
lameness, pain on manipulation of the part,
and by swelling. But a good deal of care is
necessary not to confuse swelling, extending up
the leg, from an injury of the foot, with that
of sprain of the tendons, etc., as not un-
commonly happens. To obviate this, the shoe
should be removed and the foot thoroughly ex-
amined. An old sprain is denoted by thickening
of the tendon, without any of the acute signs. A

dispute may arise as to the duration of lameness
CAUSES OF UNSOUNDNESS. 97

attendant upon an injury of this nature, but if
the lameness comes on within a few days of pur-
chase, and there are no signs of acute inflammatory
activity, one may reasonably conclude that the
injury was present at the time of purchase. When
examining a horse prior to buying it, it is necessary
to run the hand carefully down the course of the
back tendons in order to ascertain whether they
are “clean”’ (free from disease) and correct.

The Fetlock.

Amongst all classes of horses bony and other
enlargements are very common in this region, and
some constitute unsoundness, whereas others do
not. Puffy swellings, known to horsemen as wind-
galls, are very common at the fetlock joints, but
do not, strictly speaking, constitute unsoundness.
Swellings of this nature are known to veterinarians
as distended burse, the result of hypersecretion
of lubricating fluid. Very often these swellings
are indications of hard wear, but many young horses,
prematurely put to work, develop them, and they
are very unsightly. They are not confined to the
fetlock joints by any means, but they are commonest
in this situation ; yet their presence is not sufficient

to enable a dissatisfied purchaser to return the horse,
Z
98 CAUSES OF UNSOUNDNESS.

and he would, indeed, be a foolish litigant who
endeavoured to do so. Bony enlargements of the
fetlock joint may be situated at the front, back,
sides, or extend all round the joint, and neces-
sarily render the animal unsound.

The Pasterns.

The pastern is situated between the fetlock joint
and the top of the hoof, and it is very often diseased,
more especially in the heavier breeds of horses.
The commonest disease affecting this part is that
known as ring-bone, owing to the ring-like forma-
tion it so often assumes. The terms “ high”’
and “low,” “true” and “false”? are often em-
ployed by veterinarians for distinguishing the posi-
tion, and nature of the enlargement. All forms of
ring-bone necessarily render the horse unsound,
although the animal may be perfectly free from
lameness. If there is any suspicion of enlarge-
ment about the pastern the intending buyer had
better have nothing to do with the animal. The
fore or the hind pastern may be affected, but
commonly the fore, and either one or both. When
they are both the seat of enlargement there is more
trouble in detecting its presence, more especially
if it is a coarse-bred animal, with thick skin, and
CAUSES OF UNSOUNDNESS. 99

big joints. Ifa horse has been recently purchased,
say, within a fortnight, and the buyer given a
“ general warranty”? that the animal was sound,
but he subsequently finds this to be incorrect,
there ought not to be much difficulty in substan-
tiating a claim against the vendor. The presence
of a bony enlargement in this situation cannot
arise—in the writer's opinion—under, at least,
three weeks, though, more probably, months are
occupied in its formation. Diseases of this nature
are commonest amongst the heavier classes of
horses.

The Foot.

It is a well-established maxim, “No foot, no
horse,’ and a buyer cannot adhere too closely to
the value of this remark. The feet, so to speak,
constitute the foundation stone, and, as the diseases
are numerous and the defects of conformation
equally so, it behoves the intending purchaser to
make a critical inspection of the feet before con-
cluding negotiations. Both light and heavy horses
are equally subject to diseases of the feet, but horses
working in towns are more subject to them than
those that work on soft ground, or, at any rate,
where the roads are not particularly hard. A

oe
100 CAUSES OF UNSOUNDNESS.

horse may perform his work satisfactorily on the
land, but directly he comes into town, becomes
lame. In London, and other towns, it is a common
practice to shoe the lighter horses with pads, or
leathers, both of which are detrimental to the
preservation of the foot, although it may be
necessary to employ them to diminish concussion.
All veterinary surgeons do remove, or should, the
shoes on the fore feet, before concluding the ex-
amination of a horse for soundness. Every buyer
of horses should make a point of doing this. The
foot should be proportionate to the size of the
animal, and neither too narrow, nor too wide.
Large feet upon a roadster, for instance, are ob-
jectionable ; so are those which are too small. If
the heels are too high it gives the foot a “ boxy”
appearance, and throws too much bearing on the
front part of the hoof; whereas, when the heels
are low, the structures at the back part of the foot
are very liable to injury through continued con-
cussion. The wall; the sole; the coronet ; and the
frog, are all liable to disease, but one of the
principal diseases of the feet, is that known as:

Side-bone, or calcification of the lateral cartilages.
The lateral cartilages are flexible plates situated
at the back of the inner and outer sides of the
CAUSES OF UNSOUNDNESS. 101

hoof, on a line with the coronet, but at the extreme
back part of it. In their normal condition these
cartilages have an elastic feel when pressed with
the thumb, and ought to readily yield to the pressure.
But when they are the seat of side-bone, they lose
this springy feel. It is an exceedingly common
disease amongst cart horses, and the cause of a
considerable portion of rejections, when undergoing
examination for soundness. Almost all veterin-
ary surgeons reject such horses, but frequently
advise their clients to purchase, if the feet are sound
in other respects and well open at the heels. This
remark is only applicable to cart horses, or others
required for slow work. It is reasonable to assume
that the seller will make a reduction in the price,
considering that the buyer has to take the risk as
to whether the animal will continue free from lame-
ness. In every case there is a risk, more especially
if the animal has to work on granite roads. Road-
sters, and van horses, are often affected with side-
bone, and if the intending buyer detects this disease
he is recommended to avoid purchasing. Some
horses with very large side-bones continue to work
for years without showing the slightest signs of
lameness, whereas others, having the disease but
slightly, suffer from either continued or intermittent
102 CAUSES OF UNSOUNDNESS.

lameness. One or both fore-feet may be affected,
and the cartilages on the inner or the outer side
the seat of the disease. Speaking professionally,
there should be no trouble in deciding as to whether
a horse has, or has not, side-bone, and when the
buyer, or seller of a horse has any doubt as to whether
the animal is affected or not, he can easily clear
the matter up by consulting his veterinary surgeon.
A distinction must be made between what would
be termed the incipient stage of side-bone, and the
full development of the latter. In the former, the
cartilage either at the inner or the outer side feels
indurated, and has only lost part of its elasticity.
It is more prominent than normally, but even in
this stage, the writer believes that it is not un-
commonly a cause of lameness. The question arises,
Does an indurated lateral cartilage constitute un-
soundness, and must it be looked upon as the
beginning of side-bone ? In both cases the author
would answer in the affirmative. But a good deal
of trouble may possibly arise if a purchaser finds
that he has got a horse with one of the lateral
cartilages in this condition, the animal going lame,
and the vendor having given a general warranty
with it. It may be asked, How long does it take
for side-bone to form? To which no positive
CAUSES OF UNSOUNDNESS. 103

answer can be given. It is a degenerative process
—a deposition of lime-salts in the cartilage—and
most degenerative processes are slowly developed,
so that it is, in all probability, the work of
months, and with advancing years, there is a
natural tendency for this change to occur.

Sand-crack.

This disease is indicated by a small crack or
fissure in the hoof, and may be situated on either
the fore, or hind foot. If in the former, it is usually
at the inner quarter of the hoof, the horn being
thinnest there. It is generally at the toe, in the hind
feet. A sand-crack may be superficial or deep,
but in every case is regarded as constituting un-
soundness. If it is superficial the outer layer of
horny tubes composing the wall only are affected,
but when deep, the whole thickness of the wall is
implicated, so that severe lameness may result
through the fissure in the wall nipping the sensitive
structures on the face of the pedal bone. Sand-
crack usually begins at the top of the hoof, and
what may, at first, apparently be but a most trifling
matter, not uncommonly turns out to be a trouble-
some disease of the foot. Bearing this in mind,
the upper border of the hoof should always be
104 CAUSES OF UNSOUNDNESS.

carefully inspected, and the hair overlapping the
top of the coronet pushed aside in order to ascertain
whether this part is free from sand-crack. Cracks,
that begin at the lower border of the hoof, are not
of much significance.

A purchaser might buy a horse with a general
warranty of soundness, say, to-day, but a day or
two following find that it had a sand-crack, and that
it was producing lameness. The question arises, Has
the buyer any claim against the vendor? In the
writer’s opinion, none, unless he can, by expert
evidence, satisfactorily prove that the crack was
in existence at the time of purchase. It has been
shown that sand-crack may make its appearance
quite suddenly, though it is, as a rule, slowly

developed.

False Quarter.

This consists of an indentation in the wall of
the hoof at the quarter, and it weakens the part,
predisposing it to sand-crack. Therefore, it is
customary to look upon it as a serious defect. It
apparently arises through defective secretion of
the horn from the coronet, possibly through some
disease previously existent at the coronet, over
the seat of the indentation. Low-class dealers
CAUSES OF UNSOUNDNESS. 105

have been known to deceive unwary purchasers
by neatly filling in the indentation with gutta-
percha.

Canker.

This is a most intractable malady, affecting the
sole, the frog, and, in advanced cases, the wall as
well. If a buyer neglects to pick up the foot he
may easily overlook the existence of this disease,
and to purchase a horse with it is certainly buying
the worst trouble that horses suffer from. There
is no difficulty in recognizing it, the offensive odour
being quite sufficient. It attacks either the fore, or
hind feet, or it may be one fore, and one hind, or
all four feet. Most veterinarians regard it as in-
curable, but this is hardly correct.

Thrush of the Feet.

This disease attacks the cleft of the frog either
of the fore or hind feet, but commonly the latter,
and it is often due to the idleness of the groom, the
hind feet becoming fouled with the excretions.
Although thrush may be a very simple matter in
some cases, and usually curable, it occasionally
causes lameness, the whole of the frog becoming
under-run through the disease, which is easily
106 CAUSES OF UNSOUNDNESS.

recognized by the offensive odour, and suppuration
within the cleft of the frog. It is a disease that is
gradual in its onset, and the writer makes a practice
of rejecting horses affected with it, or else advis-
ing the owner to present the animal again for
examination after it has been cured of the com-
plaint. As a rule, sellers object to their horses
being rejected for what they regard as a very trifling
matter ; but, still, it is not right for a buyer to have
to treat a horse directly it comes into his possession.
If a horse be warranted as sound, and the vendee
finds it has a thrush on delivery, the writer’s opinion
is that he has sufficient grounds for returning
Le
Separation of the Wall.

The wall and the sole may be separated to some
extent through disease undermining the wall at
its junction with the sole. If so, the hoof emits a
hollow sound when tapped with a hammer. The
seedy or mealy condition of the horn is a most
serious detriment, and causes a lot of trouble to
the shoeing-smith, because the nails do not grip the

wall of the hoof as in one which is normal.

Keratoma.
By this we mean the growth of a horny tumour
CAUSES OF UNSOUNDNESS. 107

at the point of the toe, situated on the inner side
of the wall of the hoof. As the tumour increases
in size, it causes the hoof wall to bulge at this point.
Its growth is slow, so that evidence as to the existence
of this disease would necessarily go to show that it
had existed for several months at least.

Contraction.

A contracted hoof is one that has diminished in
its volume at the quarters and heels, and it arises
through diminished functional activity, such as
that occurring during lameness. It is not a disease,
but symptomatic of it. Hence the reason why
contraction of the foot—or it may be feet—occurs
in such diseases as navicular lameness, side-bone,
etc. It is not a difficult matter to tell when
one foot is contracted, by comparing it with its
fellow; but if both feet are ina similar condition,
the amateur will probably overlook its existence.
Not only is contraction symptomatic of disease,
but it also predisposes to it, owing to the pres-
sure which the contracted wall exerts upon the

soft structures contained within the back part of

the hoof.
Navicular Disease.

This disease is confined to the structures within
the hoof; and the parts participating in the disease
108 CAUSES OF UNSOUNDNESS.

are (a) the navicular bone, (0) its cartilage, (c) the
navicular bursa, and (d) the tendon in the immediate
vicinity of the navicular bone. One or the whole
of these structures may be implicated in the morbid
process. Navicular disease affects the lighter
breeds of horses, and in them it is very common.
One or both fore feet are affected, and once the
disease starts it continues, so far as veterinarians
are aware, indefinitely. It is gradual at the onset,
and steadily progressive, rendering the subject of
it practically valueless. Let us suppose that a
horse was sold with a general warranty, and the
buyer subsequently found that he had, un-
fortunately, got hold of an animal that experts
declared to be suffering from this disease. He would,
of course, have a good claim against the seller ;
the only trouble that might arise, would be as to
whether the animal was, or was not, affected with
navicular disease. The short, cat-like step; the
wasting of the muscles at the shoulder ; the wearing
of the shoe at the toe; the pawing in the stable,
together with lameness following rest after exercise,
are the most significant signs of navicular arthritis.
Sometimes horses with this disease are “ unnerved,”
1.é€., a portion of the nerve supplying the foot with
sensation is removed. Horses thus operated on
CAUSES OF UNSOUNDNESS. 109

have been sold over and over again at fairs,
markets, etc., but it constitutes fraud to dispose
of such animals. The seat of incision for this
operation is in the hollow of the fetlock, and a
small scar in this region (on the inner and outer
side) should arouse suspicion. If the animal has
been unnerved there is loss of sensation in all parts
below the seat of operation, and this can be veri-
fied by pricking the leg with a pin. Many sellers
will make an excuse about such a mark in order

to mislead an unwary purchaser.

Corns.

A corn is the result of a bruise and not, as in
a human subject, the effect of continued pressure.
It is universally regarded as constituting unsound-
ness; hence the necessity for having the fore
shoes removed before the completion of purchase.
The usual seat of a corn is the inner quarter
of the sole, between the junction of the wall and
the bar. In some instances, faulty shoeing may
produce one, but it is generally the result of a
bruise, such as that produced by a stone wedging
in the foot, or the animal stepping upon a sharp
stone. There is a difference between a corn which

is recent, and one of some standing. In the former
110 CAUSES OF UNSOUNDNESS.

case, the horn is of a bright red discolouration,
whereas, in the latter, it turns yellowish black. If
the corn becomes infected with organisms of suppura-
tion, matter forms, and the so-called festering corn
is the result. Bruises occur upon other parts of
the sole, though less significance need be attached
to them. A corn is a common cause of lameness,
requiring careful shoeing in order to keep the
animal sound. If suppuration becomes established,
and due attention is not paid to this, it may
break out at the top of the coronet, giving rise to
a very troublesome condition known under the
name of ‘ quittor.”’ When a horse has low, weak,
or thin heels, it is predisposed to bruising of the
sole. The same remark applies to one having a
flat sole.

Flat or Dropped Sole.

When a horse has been foundered, or had fever
in the feet, as it is called, there is a tendency for
separation to occur between the inner wall of the
hoof and the sensitive lamine on the pedal bone,
separation allowing the latter to descend, pushing
the horny sole in front of it as it doesso. In ad-
vanced stages of the disease, the bone may come
through the sole, rendering the horse useless. This
CAUSES OF UNSOUNDNESS. 11

not only occurs in acute cases of “ founder”’ affect-
ing the feet, but also in what is known as a sub-
acute attack, which leads to pretty much the same
condition. Dropped, or flat soles, constitute un-
soundness, and rightly so, because they predispose
to injury. A horse that has been foundered goes
upon its heels, and repeated attacks lead to the
formation of rings upon the wall of the hoof. The
fore feet are more frequently affected than the
hind ones. The term “ pumiced” foot is often
applied to a hoof that has become altered in its
shape (dropped wall) through an attack of founder.

Quittor.

The term “ quittor’’ is applied when there is one
or more suppurating points at the coronet, and it
is necessary for anyone purchasing not to be led
astray by the presence of a small scar in this region
after it is healed, because it frequently happens
that the injury breaks out again and again.
Although a bruise may act as an occasional cause,
quittor is generally due to the foot having been
pricked during shoeing, or it may be through a
“picked up” nail; less frequently it is the result of
a suppurating corn. Let us suppose that a person
buys a horse with a general warranty of soundness,
112 CAUSES OF UNSOUNDNESS.

and that, in the course of a few days, the animal
becomes lame, or suppuration makes its appearance
at the corony band. The animal has not been
shod since it came into the buyer’s possession,
neither does it show any evidence of a bruised sole.
Under these circumstances, is the purchaser en-
titled to return the animal? It remains to be
proved that the existing disease is but a recurrence
of a former attack, and the best evidence of this
will be gleaned by a careful inspection of the corony
band for the presence of scars—the best, though
not positive, evidence of previous disease of the
kind. It would, of course, be argued for the de-
fendants in an action, that these scars were the
result of some trifling injury, but the probabilities

would be in favour of previous disease.

The Poll.
The poll comprises the region lying between the

ears. It is necessary to examine it for evidence
of tenderness or the presence of the so-called

poll evil,’ which is indicated by suppuration.

The Withers.

This is a fairly common place at which to find
bruises, and one, if diseased, that causes a lot of
CAUSES OF UNSOUNDNESS. 113

trouble. A bruise may be recent; if so, it is ac-
companied by increased heat and tenderness; but
if old, there will, very likely, be one or more sup-
purating sores upon the withers. A horse in this
condition is necessarily unsound and quite unfit
for work. Horses with long manes should be
carefully examined in order to ascertain whether
the withers are perfectly free from any skin
disease, because this is a very common situation

for mange, etc., to make its appearance.

The Chest and Ribs; also the Brisket.

The chest is principally formed by the ribs, and
a considerable portion of it lies under the shoulder-
blades, but the greater part behind the elbows,
extending up to the spinal column. The floor of
the chest is formed by the sternum or the breast
bone, and this is sometimes the seat of fistula—a

very intractable disease.

The Back and Loins.

Anchylosis, or stiffening of the bones of the back,
is not an uncommon result of injury, and it
materially interferes with the utility of the animal,
because the individual bones of the spinal column

have lost their normal degree of mobility and the
8
114 CAUSES OF UNSOUNDNESS.

animal has not perfect freedom of movement. To
no class of horse is this statement more applicable
than to those used for heavy haulage, and also to
hunters. The best method of detecting it, is to
back the animal, and to turn it sharply round.

The Haunch.

The external angle of the haunch constitutes
that prominence lying immediately behind the
upper area of the flank. It is occasionally the seat
of injury —fracture—the point of the haunch having
been knocked off the prominence becomes flattened,
and this is readily detected by comparison with the
opposite side.

The Stifle.

This joint corresponds with the knee joint in
man, and is formed by the union of three bones,
namely, the lower end of the thigh bone; the upper
end of the tibia or second thigh bone; and the
patella or knee-cap, in front. It is occasionally
the seat of rheumatic lameness; but in young
animals the knee-cap will frequently slip out of its
place, constituting ‘slipped stifle.’ This is an
accident that may happen at any moment, so that
a buyer has no claim against the vendor, unless
he can prove that it existed at the time of, or prior
CAUSES OF UNSOUNDNESS. 115

to, the sale. Cramp of the muscles of the stifle
brings about a similar class of signs, and it is very
easily confused with slipped stifle.

The Hock.

Introduction.—It is necessary that the reader of
a work of this class should acquire an elementary
knowledge regarding the anatomical conformation
of the hock, which includes the area lying between
the lower end of the second thigh and the upper
end of the cannon bone. For convenience, we may
say that the joint has a front face; and inner,
outer, and posterior surfaces. The extreme
posterior part of the hock corresponds to the heel
in man, and its summit is known as the point of
the hock, being formed by a single bone known as
the os calcis. There is a large screw-like bone
that works in corresponding grooves on the lower
end of the second thigh; this screw-like bone is
termed the astragalus, and its lower face articulates
with the smaller bones of the hock, with the os
calcis behind, and also with two other small bones
of the hock. The internal surface of the astragalus
is very rough and bears a small tubercle below.
The external surface is also rough, and has a

circular depression for the insertion of ligaments.
g*
116 CAUSES OF UNSOUNDNESS.

The small bones of the hock are known as the
scaphoid; the cuneiform magnum; and_ the
cuneiform parvum, together with a small brick-
shaped bone, known as the cuboid.

In a hock that is well formed and clean—+z.e., free
from an excess of tissue beneath the skin, these
various prominences can be seen and felt in outline
through the skin. Strictly speaking, there are
three joints constituting the hock, namely, that
between the lower end of the second thigh bone
and the astragalus; the second one, between the
individual bones of the hock; and the third one,
between the latter and the upper end of the cannon
bone. The bones, ligaments, and the lubricating
sheaths entering into the formation of the hock,
as well as that of the skin covering it, are all liable
to participate in the various diseases affecting this
region, over which so much litigation has arisen,
and will continue to arise. Amongst the numerous
diseases affecting the hock the commonest of all
is that known under the title of

Bone-spavin.

This disease makes its appearance at the inner
surface of the hock just at its junction with the

head of the cannon bone, and is denoted by a
CAUSES OF UNSOUNDNESS. 117

variously-sized bony prominence, most readily
detected by manipulation with the hand, and com-
parison with the corresponding hock. Although
the difference may be slight, there ought not to be
a great deal of difficulty experienced in the detection
of spavin, provided that both hocks are compared
with the fingers of the same hand. Not only may
spavin be felt in this way, but it can also be seen by
observation, and anyone examining the hocks with
a view to detection of bone-spavin should place him-
self in front of the hind limbs, and view the hocks
from an oblique direction. Normally, one hock may
be bigger than the other ; if so, it is a very difficult
matter to decide whether a hock is spavined or
not. Again, both hocks may be spavined. If so,
it is equally difficult to decide, unless there is a
difference in the size of the spavins. No matter
whether a bone-spavin is large or small, it renders
the animal unsound, because it may become lame
at any moment, and spavin lameness is often of
the most intractable nature. The size of a spavin
has nothing whatever to do with the degree of
lameness from this cause; some very large bone
spavins never interfere with the utility of the
animal, whereas, an apparently insignificant one may
be a constant source of trouble to both the owner
118 CAUSES OF UNSOUNDNESS.

and the horse. It is said that the “ position”
of the enlargement bears some relationship to the
degree of lameness, but no matter where situated,
it is absolutely necessary to reject the animal.
Veterinary surgeons are often at considerable
variance as to the existence, or non-existence, of
bone-spavin in a particular animal. Why there
should be these differences of opinion it is somewhat
difficult to understand, provided that an honest
opinion be given. More difficulty is likely to arise,
however, when the deposit of new bone has taken
place upon the grooves, etc., traversing the surfaces
of the bones. Some veterinary surgeons make a
point of passing cart horses as sound, though the
hock be spavined, provided that the animal is free
from lameness, has good-shaped hocks, and is over
five years of age. Many such practitioners consider
that aspavined hock is, under these circumstances,
better than one without the disease. When old
horses are affected with bone-spavin they should
always be condemned, because, in these subjects, the
disease continues to run a destructive course.
There is a diseased condition of the hock known
as occult spavin ; that is, an inflammation attacking
the bones of the hock, without giving any external
evidence of its existence. There is no method
CAUSES OF UNSOUNDNESS. 11g

for the detection of this, but veterinarians, in the
absence of lameness in other parts of the limb,
very often fly to this as the probable source of
mischief. The vein passing over the inner aspect
of the hock sometimes appears to be plainer than
it ought to be—varicose, as it were—and to this
condition the term blood-spavin is applied. It is
not a diseased condition under any circumstances.
Regarding the nature of bone-spavin, it is possibly
rheumatic in some cases, but hereditary predis-
position is believed to play its share in the pro-
duction of it. It is chiefly during the formative
stage that lameness is so marked, and, after all the
acute signs have subsided, the animal may become
free from lameness. The spavin represents nature’s
attempt to consolidate the joint, but, in doing so, it
is necessary to cement some of the smaller bones
of the hock together, so that some freedom of move-
ment, between these bones, must be lost. Spavin
is much more detrimental to a horse required for
fast work, than one wanted only for slow work.
Horses have been frequently passed as sound, and
then the buyer, has—say, within three weeks of the
purchase—been informed that the animal has a
spavined hock, although sold either with a warranty,

or else passed as sound by a veterinary surgeon.
120 CAUSES OF UNSOUNDNESS.

He now seeks redress from either of these sources,
and trouble arises, first, as to whether the hock is, or
is not, spavined, and, secondly, whether it was so
at the time of sale, and further, as to the time
occupied in the formation of the spavin. The
question is, Can conscientious expert evidence be
accepted as proof of any specified time for the
production of bone-spavin ? It is, in the writer’s
opinion, an impossibility to give any positive

answer.

Sprung-hock.
The term “ sprung-hock”’ is applied to a general

enlargement of the hock joint, and, when the
joint is enlarged, it necessarily interferes with its
working power, and if a horse has not the full use

of its hocks its market value is much depreciated.

Capped-hock.

There are several varieties of ‘ capped-hock,”
and unless the point of the hock is diseased, or the
animal lame, it is questionable whether it can
be regarded as unsoundness. In every case it
constitutes a blemish. The skin, the bursa beneath
the skin, the tendon, or the bursa lying beneath
the latter, are the structures usually implicated
CAUSES OF UNSOUNDNESS. 12!

in capped-hock. One or both hocks may be affected,
and the size of the enlargement varies. Many horse-
men look upon capped-hock with considerable sus-
picion, believing that it may be taken as evidence
that the animal is a kicker in harness. But it may
be done in the stable by knocking the points of
the hocks against the stall posts, or else done in
lying and rising. A frequent cause is kicking during
transit by train. If the capped-hock is a recent
one, there will be a considerable degree of heat,
pain, and swelling about it, whereas, if the disease
is of any standing, there is neither heat, nor pain
in the part. Capped-hock is capable of arising
at any moment, and a horse purchased as sound
might be found in this state on arrival. The
purchaser must, however, prove that the hock was
capped at the time of the sale to him.

Curb.

This is a swelling or enlargement two or three
inches below the point of the hock, and appears to
be the result of a sprain, or some other injury to
the ligament running down the back of the hock.
A “curb”’ varies in its size, from that of the finger-
nail to a well-marked prominence, readily discernible,
when viewed in profile. The slightest convexity

can be seen in this manner. Veterinary surgeons
122 CAUSES OF UNSOUNDNESS.

differ somewhat in their views regarding curb, and
its relationship to the soundness of the animal.
Some are of opinion that it should be always a
cause for the rejection of an animal, whereas
others do not think so, unless accompanied by lame-
ness. Legally speaking, it does constitute un-
soundness, and it is only right to reject an animal
for it, more especially if the hocks have that con-
formation which is regarded as predisposing to
its production. The size of a curb bears no relation-
ship to the presence, or absence, of lameness. It is
chiefly during the formative stage that lameness
is present, but curb is an occasional cause of
intermittent lameness. Both light and heavy
horses are liable to spring a curb, but it is
more frequent in roadsters, hacks, and hunters, than
in cart horses. The so-called “curby hock” is
sickle-shaped, or over-bent, but some veterinary
surgeons do not attach a great deal of importance
to this conformation of the hock in its relation-
ship to the production of curb. Dealers often
present horses for examination as to soundness
with well-developed curb upon one or both hocks,
pretending, at the same time, to be unaware of its
existence ; in fact, some are inclined to dispute its

presence if they think that the intending buyer
CAUSES OF UNSOUNDNESS. 123

can be taken in. If curb is present, no matter
how slight, it is readily discernible, and there
should be no two opinions regarding its existence,
or otherwise. A horse purchased with a general
warranty, and found to have curb on arrival, can be
returned as unsound ; but it must be borne in mind
that a disease of this nature may make its appear-
ance within three or four days of purchase ; though
in this period, it would be of a very rudimentary
nature, and a well-developed curb, must be taken
as evidence of its existence for several months,
at least. Firing is frequently resorted to for the
removal of curb, so that there may be evidence
of this operation having been done, either in the

form of points, or as line firing.

Thorough-pin.

The term “ thorough-pin,” or “through-pin,” is
applied to a swelling appearing at the back of the
hock, just in the hollow immediately above the
point of the hock, and as the enlargement can be
pressed from the inner to the outside, or vice versé,
the term is not an inapplicable one. All veterinary
surgeons regard it as constituting unsoundness, and
this is rather remarkable, considering that it rarely
interferes with the animal’s utility. One or both
124 CAUSES OF UNSOUNDNESS.

hocks may be affected, as in the case of curb. The
swelling varies in its size, and is sometimes so small
as to be hardly noticeable. Thorough-pin comes on
gradually, being the result of a chronic inflammation.
It is due to the distension of the sheath of flexor
pedis perforatus tendon.

Bog-spavin.

This term is employed for the purpose of indicat-
ing a soft or puffed condition of the hock, the
joint becoming swollen, through an over-secretion
of the lubricating material in connection with the
tendon, sheaths, and synovial membrane of the
hock joint. All classes of horses are liable to have
their hock—or hocks—enlarged in this manner.
The swelling may be sufficient to interfere
with the free play of the joint; if so, it must be
looked upon as _ unsoundness. But a slight
over-filling of the joint, following active work, is
not usually of much significance. It is a very loose
term, and one that includes a variety of patho-
logical conditions. There are numerous burse—
tendon sheaths in connection with the hock joint—
and a good deal of discretion must be exercised
when purchasing an animal with an enlargement

of this kind, because there is no knowing whether
CAUSES OF UNSOUNDNESS. 125

lameness may, or may not, spring into existence.
Most of these enlargements are of gradual onset,
but not necessarily so; in fact, they may make
their appearance in a single night. But in this
case it is usual for the swelling to be accompanied
by increased heat, pain, lameness, and a degree
of fever.

Psoriasis.

This is a skin disease attacking the front face of
the hock joint, and although apparently but
trifling, experience shows it to be a most intractable
complaint, and one that causes—or should cause—
rejection. It constitutes unsoundness, being a
chronic form of eczema. The same disease also
appears upon the back of the knee joint, and the
old terms “mallenders” and “sallenders” were
employed by horsemen to indicate this disease ; the
former term when it appeared at the knee, and the
latter when at the hock.

String-halt.

In this disease the animal lifts one or both hind
legs suddenly up in a jerky manner, both in and
out of the stable, but it is most readily observed
when the animal is turned suddenly round, or
126 CAUSES OF UNSOUNDNESS.

when it is compelled to stand over in the stall.
It is an incurable disease, and universally recog-
nized as constituting unsoundness, though it may
not interfere with the utility of the animal. It
does, however, ultimately tell upon the functional
activity of the limb, and an animal affected with
this complaint is more liable to develop such
diseases as would be produced by concussion—+~.g.,
side-bone, ring-bone, bone-spavin, etc. Some
horses are only slightly affected with string-halt,
whereas others have the disease in a very severe
form. In rare instances it has been observed in
the fore limbs. It may be developed suddenly
after external injury, or without any visible cause.
There is what is sometimes termed ‘‘ symptomatic
string-halt’’—that is, a sudden jerking of the limb
accompanying a sprain, etc. The causes of string-
halt are variable, but such diseases as bone-spavin
and ring-bone, as also disease of the pelvic bone,
are recognized as having to do with the production
of string-halt. It must be considered, however, as
one due to impaired functional activity of the

muscles and nerves of the hind limbs.

Shivering, or Chorea.

Some horses are very badly affected with this
CAUSES OF UNSOUNDNESS. 127

disease, whereas others have it but slightly. It
consists of a shivering or trembling movement with
either the hind or fore limbs when the animal is made
to back. It is generally the hind limbs that are
affected, and great difficulty is experienced when
the horse is compelled to back. Many a shiverer
has been sold as a sound horse because there is
often great difficulty in detecting it. In fact, one
may have to wait weeks or months before it can
be found out. Evidence of this disease may show
itself by a slight uplifting and quivering movement
of the tail, best observed when the animal is drink-
ing, or immediately after it comes in from work.
The question may be asked, “Can a horse suddenly
develop this disease ?’’ To this no answer can be
given, but if shivering is detected in a horse, recently
purchased, with a general warranty, it is usual to
presume that it had the complaint at the time of
sale. But no expert evidence can be given in sup-
port of this view, and the seller’s argument that it
may have come on since the time of purchase, is
as likely to hold good as the plea that it existed
at the time of sale. Speaking strictly, shivering is
a disease without any pathological facts sufficiently
significant to establish a general rule relative to its
causation. Hence, the reason why it is impossible
128 CAUSES OF UNSOUNDNESS.

to make any positive assertion as to the duration

of the complaint.

Vertigo.

The term “vertigo” is applied when a horse is
suddenly seized with a fit of dizziness, usually
whilst at work. Another term for much the same
affection is that known as “ megrims.”’ The animal
may be travelling all right when, without the
slightest warning, it is attacked with staggering,
probably falling to the ground. These seizures
are not unlike apoplectic fits, but there is little,
if any, loss of consciousness. The attack may last
only a few minutes, the animal regaining the use
of its limbs and continuing its journey as though
nothing had happened. Any man might dispose
of a horse subject to these seizures, and no power
on earth could compel him to return the purchase
price unless the buyer could prove that the animal
had had previous attacks of a similar nature.
Anyone unfortunate enough to purchase a_ horse
of this description must, if he wishes to return it,
endeavour to find out its previous history and rely
upon this to support his case. Needless to say, such
an animal is unsafe either to ride or drive, but
might do slow, light work. There is no knowing
CAUSES OF UNSOUNDNESS. 129

what period may intervene between an attack and
the succeeding ones, but it may be months.

Diseases affecting the Respiratory Organs.

So far we have discussed some of the principal
diseases in relation to soundness affecting the sight
and the limbs, and although it is necessary that a
horse should be sound, or practically sound, in
sight and limb, it is even more desirable that it
should be sound in its wind. The following are
the principal diseases bearing upon the soundness,
or otherwise, of the horse.

Broken Wind.

Although a somewhat peculiar expression, the
term is a significant one, really meaning that the
respiratory act is broken or divided into two parts.
Normally, there is an inspiratory and expiratory
effort, or a taking in and breathing out of air.
In broken wind the inspiratory act is performed
normally, but the expiratory one is peculiar, and
not performed as it ought to be—namely, by a
complete fall of the chest wall. It is divided into
two parts. The first portion of the act is suddenly
arrested, so that the remainder of the air within the
Jungs appears to be gradually squeezed out, and a

?
130 CAUSES OF UNSOUNDNESS.

furrow can be seen running along the floor of the
chest very like that which is so commonly observed
in a well-marked attack of pleurisy. The expiratory
effort is double—the so-called “double lift.” It
is most important that a buyer should look at a
horse’s breathing, as a broken-winded horse has no
marketable value, and it is quite an easy matter
to be taken in, many a broken-winded horse having
been sold as sound, but such sale constitutes
fraud. In addition to a careful inspection of the
breathing, it is advisable to cough the animal by
gently squeezing the upper part of the throat. A
broken-winded horse has a very characteristic
cough—once heard, it is easily recognized a second
time. Unprincipled dealers, however, resort to
the use of certain agents for the purpose of keeping
the cough in abeyance, such substances as a
mixture of shot and grease being given to the
animal just before it goes to the sale. Others,
again, make a point of giving doses of common tar
in the form of balls, daily, and this has, we believe,
a similar effect. The cough of a broken-winded horse
is short, hollow, and of a grunting nature. It may
be a difficult matter to find out how long the animal
has been affected with this disease, and it has

been argued that it may be sound in the morning
CAUSES OF UNSOUNDNESS. 131

and broken-winded at night. But this seldom
holds good, because veterinarians are universally of
one opinion as to the gradual development of this
affection. Although the true pathological nature of
the malady is not understood, the changes usually
observable post mortem, in connection with the
lungs and stomach, show that broken wind
is gradual in its development. The dilatation of
the air vesicles, together with the rupture of many
of these, and the thinning of the walls of the stomach,
so often present, are clearly indicative that the
disease occupies weeks, or months in its develop-
ment. One cause of broken wind is feeding upon
dusty hay, and driving the animal immediately after
feeding ; this shows the advisability for not working
a horse for at least an hour after it has been fed
and watered. A broken-winded horse may con-
tinue to do its work fairly well, but it is necessary
to pay particular attention to its feeding, avoiding
bulky food, dry food, dusty fodder, or food of
inferior quality.
Grunting.

Almost every horseman is familiar with this term,
and dealers usually look upon it as evidence that
the animal is not sound in its wind. But veterinary

surgeons know differently to this, because some
o*
132 CAUSES OF UNSOUNDNESS.

horses will grunt when they are perfectly sound.
Again, grunting is sometimes observed in pleurisy,
being in this case due to pain. Quite recently the
writer attended a horse that had an attack of
pleurisy, and the most significant sign was that of
grunting when the animal was compelled to move
or the slightest feint made to strike it. When in
health this horse was absolutely sound in its wind.
Veterinarians look upon grunting as significant
of nervousness in some cases. But it must be
borne in mind that it is one of the cardinal signs
indicative of “roaring,” and any horse that grunts
under a threat to strike it, must be thoroughly
tested with respect to soundness of wind, for other-
wise trouble may arise. In a recent case, a
buyer brought an action against a_ veterinary
surgeon for having passed a horse as sound which
grunted, but it was argued by the counsel for the
plaintiff that grunting was significant that the
animal was unsound in its wind, and that it was
present at the time of sale; and further that the
veterinary surgeon employed by plaintiff to exa-
mine the animal did not exercise ordinary pro-
fessional skill during the course of his examination.
Expert evidence was given by witnesses on both
sides as to the pathological significance of this
CAUSES OF UNSOUNDNESS. 133

sound. But the ultimate issue was in favour of
the defendant, on the ground that grunting was
not sufficient evidence in itself of a horse being’
unsound in its wind, and that all reasonable means
had been employed for ascertaining the soundness
of the animal’s respiratory apparatus. Therefore,
the mere fact of a horse grunting, when a feint is
made to strike it, is not sufficient ground to con-

demn the animal as unsound. It is correct to

¢ ’

regard it as “suspicious” only, and must always
be supplemented by testing the wind in other

ways.
Roaring.

(Laryngismus Paralyticus.)

The term “roaring” and its modified sound,
‘* whistling,” is used by horsemen and veterinarians
for the purpose of indicating an abnormal sound
emitted during breathing, whilst the animal is
undergoing exertion, either slight or severe, in
accordance with the extent of the disease operative
in the production of the sound. There has been a
great deal of litigation respecting the sale and pur-
chase of horses affected with this disease, though it
must be understood that the sound—“ roaring ’—
is but symptomatic of some complaint involving
the upper part of the respiratory tract. There is
134 CAUSES OF UNSOUNDNESS.

considerable diversity of opinion as to whether
“ whistling” is a more advanced form of “‘ roaring,”
or whether it is the elementary stage of it. Both
“roaring” and “whistling” constitute unsound-
ness, and detract from the pecuniary value of the
animal, though not necessarily from its utility.
Many hunters perform their work satisfactorily,
although they are what are termed “rank roarers”’
—a vulgar, but significant expression. A variety of
causes are capable of giving rise to both “ roaring”’
and ‘‘ whistling,” and it is only by a just apprecia-
tion of the causes operative in the production of
these abnormal respiratory sounds that one is en-
abled to form any opinion as to the duration of this
respiratory defect. It is, however, a most important
matter to be able to judge, or approximately esti-
mate, its duration. One of the—if not the—
commonest causes of this abnormal sound is that
arising through paralysis of certain muscles of
the larynx, the paralytic condition being due to
fatty degeneration of these muscles ; consequently,
they are no longer able to perform their normal
functions. Whether these changes are primary
or secondary is uncertain. But a branch of the
left recurrent nerve supplies motive power to the

muscles diseased, so that this nerve is implicated
CAUSES OF UNSOUNDNESS. 135

in roaring. This is the commonest cause, and one
that comes on gradually. Morbid growths in the
nasal passage, and in parts in juxtaposition to the
upper portion of the respiratory tracts, are occa-
sional causes, and these may produce roaring in
a gradual manner, or they may give rise to it in-
stantaneously. It is important to bear this in mind,
should litigation be likely to arise. The sudden
development of “roaring” may occur through
the displacement of a stalked morbid growth (poly-
poid tumour) over the glottal opening, thus inter-
fering with the normal supply of air into the
larynx. Intermittent forms of “roaring”’ are, some-
times, induced in this manner, so that it is quite
compatible with pathological facts (of which
numerous instances have been recorded) that
a horse may be sound in his wind at the time of
examination, yet become a “roarer” immediately
afterwards. That this is an exceptional cause it
must be admitted. In lead-poisoning, and also
through feeding upon certain species of vetches,
“roaring” has been produced, but a little careful
discrimination usually leads one to the cause in this
case. From time immemorial it has been customary
to regard “roaring” as a hereditary disease, but
whether this is correct has not—so far as the
136 CAUSES OF UNSOUNDNESS.

writer is aware—been proved. The mere fact of
the progeny of a certain sire, or dam, producing
offspring that have subsequently become “ roarers ”
may be taken as evidence, but cannot be accepted
as proof, more especially when one considers
that the progeny of inveterate “roarers”’ may be,
and remain sound in wind. When speaking of
“ erunting,”’ reference has been made to this as
a sign, though not a positive one, of “roaring,”
but the best method to bring the roaring sound
out is, in the case of a saddle horse, to gallop
it sharply over heavy ground, or up hill; still it
must be borne in mind that when the seller of a
horse which is affected in its wind, or the groom
of a seller, rides the animal, he can keep the sound
under—by galloping the animal whilst it is at
a distance, but when it comes near to the observer
letting it slow down. This is called the “ long
trot.”” Cart horses should have a good load put
behind them and be compelled to move sharply up
a stiff incline, or they may be put in a lunging
rein, and circled at a trot for five or ten minutes.

The writer frequently tests this class of horse in
the latter manner. All kinds of horses are equally
subject to “roaring,” but it is more frequently met
with in animals required for fast work. What may
CAUSES OF UNSOUNDNESS. 137

be termed temporary forms of “ roaring” accompany
acute inflammation of the throat, strangles, etc.,
the noise subsiding with the decline of the disease.
In strangles, however, there is, not uncommonly,
a legacy in the form of this abnormal sound. It
is customary amongst horse dealers to say that
an animal is sound and “only that he makes a
bit of a noise.” An intending buyer may attach
any meaning he likes to this, and if he chooses
to buy the horse after being informed of it
by the seller he cannot, of course, look for re-
dress, should the animal turn out to be a “roarer’”’
of the worst description. What is termed a “high
blower” is a horse that utters a loud sound closely
allied to that of “roaring,” and practically in-
separable from it. The term “ thick wind ”’ is also
applied when the animal breathes with difficulty,
and the flanks heave abnormally during exertion.

Diseases of Internal Organs.

Very often horses are offered for sale because
they are not sound in their internal organs. For
instance, a horse may have repeated attacks of
colic, and the proprietor is warned that unless
he “ puts him into his pocket,” as the saying goes,
he will probably die. Under these circumstances
138 CAUSES OF UNSOUNDNESS.

he decides to dispose of the animal, and, of course,
the purchaser cannot ascertain from the horse’s
appearance that it suffers in this manner.
Shortly after its arrival home, owing to the change
of food, etc. (sometimes disease of the digestive
apparatus is masked by treatment, or the animal
may be drugged right up to the time of sale) the
complaint to which it is subject immediately after-
wards returns. To sell a horse under the influence of
drugs constitutes the worst form of fraud, but
there is a difficulty in proving it. In order to
recover the purchase price, the buyer must be in a
position to prove indisputably that the complaint—
be this of whatever nature it may—was in exist-
ence at the time of sale, or that the animal was
the subject of previous attacks of the ailment.
All obscure diseases may not render themselves
evident during the time specified for their return
at the various horse repositories, and if the buyer
of an animal at such places had not the facility
for ascertaining the existence of such disease,
within the time specified, he would, in the writer’s
opinion, have sufficient grounds for claiming the
return of his money, from the vendor of the animal.
Heart affections are not at all uncommon in horses,
and many sudden deaths are attributable to this
CAUSES OF UNSOUNDNESS. 139

cause. It is rather remarkable that so few pur-
chasers of horses pay any attention to this matter.
But this is, no doubt, because the amateur buyer is
not in a position to ascertain the state of the heart
from the pulse-beats. To perform its work satis-
factorily, a horse must have a sound heart, and
weakness of this organ is a frequent cause for the
distress accompanying severe exertion, or, in other
words, embarrassed breathing.

The Temperature and the Pulse.

In the thorough examination of the horse as to
soundness it is always expedient for the examiner
to take note of both pulse and temperature. The
normal temperature of the horse at rest may be
taken at a hundred, or a hundred and one, but during
exercise the temperature rises several degrees, and,
of course, in all fevers, etc. The normal number
of pulsations per minute when the animal is at
rest ranges from thirty-six to forty-five, the smaller
number being about the average for a cart horse,
and the larger one for lighter-bred horses. In
very young animals the number of pulsations is
much greater, say, sixty or sixty-five times per

minute.
140

CHAPTER X.

General Hints Relating to Buying.

WHENEVER possible, purchase from a dealer of
repute, so that in the event of anything going
wrong, you will be in a better position to obtain
justice.

Remember that purchasing horses at fairs and
public auctions, even though a warranty be given,
does not prevent the buyer from being taken
advantage of.

If you contemplate purchasing at a horse reposi-
tory, it is advisable to ask a M.R.C.V.S. to accom-
pany you to the repository on the day preceding
the sale, so that he will have a reasonable chance
of examining the animal selected and noting patent
defects.

If it is a saddle horse, the intending buyer should
either ride the horse himself, or allow his groom to
do so, provided that the latter be a disinterested
party.

A harness pony should, whenever possible, be
HINTS ON BUYING. 141

tried in harness, and, above all, driven in traffic,
more especially where there are motors and other
street nuisances.

If a horse is bought at a repository with a general
warranty, and the purchaser finds that it is dis-
conform to such warranty, he should endeavour
to return it, within the time specified, by the
regulations of such repository.

When reading the catalogue description of a
horse, pay particular attention fo the wording
of the description, because this may be but a repre-
sentation without any warranty, or it may be a
combination of both.

If selecting a horse for a lady to ride, the buyer
must be careful, because the mere fact of the cata-
logued description saying, ‘‘ Has been ridden by a
lady,” may be as empty as it is misleading. Where
the prefix “regularly” is employed, this is a
representation that the animal is suitable as a
saddle hack, for a lady

Hunters should be sound in wind, limbs, and
sight, and it is not advisable to buy an animal
of this class without knowing something about
its history.

With few exceptions, a hunter should be tried,
if possible, under natural conditions,
142 HINTS ON BUYING.

Never purchase a horse that you know has been
a kicker in harness, a bolter, a setter, etc., because
(with rare exceptions) these vices are incurable, no
matter how long since the last outbreak.

If a horse discloses a number of faults, after he has
been warranted as sound, and such faults are dis-
covered within a reasonable time of sale, have the
animal examined by a qualified veterinary surgeon,
and obtain from him a certificate setting forth the
principal fault, and adhere to this as the basis of
the breach of warranty. The sooner the seller is
notified the better, and if he refuses to accept the
return of the animal, he becomes liable for its keep,
etc.

Never buy a horse from a friend, or from any
man that has nothing to lose.

Do not listen to any tales the seller may tell as
to the temporary nature of any ailment, because
sometimes one injury may be inflicted for the
purpose of overshadowing some other one, in all
probability, of an incurable nature.

Whenever possible, get a horse on trial, say, for
a week or ten days, and take every opportunity of
trying it under conditions favourable and other-
wise, during this time.

It must be pointed out that a horse may be abso-
‘uOTT[eIS parqysno10yy,

 
HINTS ON BUYING. 143

lutely sound at the time of purchase, but become
an unsound one immediately after ; and that when
a veterinary surgeon passes a horse as sound, it is
quite useless for the buyer to endeavour to throw
the onus upon the examiner, in the event of the
animal turning out unsound, unless sufficient expert
evidence can be adduced to indisputably prove that
the animal was unsound at the time of purchase.

If you are buying a horse for another person, have
a clear understanding as to his requirements, taking
particular care to comply with his wish regarding
age, sex, height, colour, markings, temperament,
price, and general build of body, etc. Asa rule,
it is a difficult matter to please another man in the
selection of a horse, but it is a still more difficult
matter to please a woman, not only in the selection
of a horse, but in the management of her affairs.

Twenty per cent. can often be got off the price a
dealer may ask.

If the seller of a horse refuses to give delivery
until the money is paid, and he is well aware that
your position is good for the amount, the writer’s
advice is that you have nothmg further to do with
the transaction.

If buying a horse for double harness, take care
to drive it on both the near and off side of the pole
144 HINTS ON BUYING.

along with its companion. Some horses have been
driven on one side only, and nothing will make
them run in double harness on the other side.

When a horse has been broken to single harness, but
refuses to move when it comes into fresh hands, it
may be that it has been driven with an open bridle.
In any case, if such happens, an endeavour should
be made to trace the history of the animal, so that
it may be possible to ascertain the cause of its
refusal to work

A sound horse is not necessarily a good one. In
fact, one may go a very long time before finding a
perfectly sound animal, and after having done so,
it may be a slug of the first order.

You may hear what the seller or his grooms have
to say about a particular horse, but be careful to
satisfy yourself as to the correctness of such state-
ments.

If you intend buying a horse from a dealer, pay
your visit unexpectedly, so as to see the stud
under ordinary circumstances.

If you buy without professional examination, you
must endeavour to ascertain the animal’s correct
age, as very few sellers of horses refuse to wear the
regulation hat, in order to comply with the intend-
ing purchaser’s views as to age,
HINTS ON BUYING. 145

Cart horses should be tried in harness, up hill
and down dale, in and out of traffic; hunters and
hacks ridden and jumped; and ponies for children
and others of nervous temperament require par-
ticular care in selection.

If purchasing a brood mare, see that she has
no disease likely to be transmitted to the foal.

Io
146

CHAPTER XI.

Hints Relating to Selling.

A SELLER, no matter how much confidence he may
have in his own abilities as a judge of horseflesh,
should never give a general warranty of soundness,
unless it be done immediately after a veterinary
examination,

Never attempt to disguise a horse’s faults, but
allow the intending purchaser every reasonable
facility of ascertaining them both in, and out of,
the stable.

If a dealer is approached by a private buyer for
the purchase of a particular class of animal, he
should endeavour to supply him as nearly as possible
in accordance with his requirements, always remem-
bering that the most lasting reputation is that which
is built up by straightforward dealing.

If g wealthy client approaches a dealer with a
view to purchase, it is bad policy for the seller to

ask a big price simply because the intending pur-
‘ght asng Su22v.7 |

UOT] [BIS PamqySnosoy) SuowUUTsIaq

 
HINTS ON SELLING. 147

chaser may have plenty of money. It is far better
to supply good animals at reasonable prices than
to ask a fabulous price simply because a horse
happens to be a bit above the average quality, or
the client a wealthy one.

Whenever sending a horse to auction, take parti-
cular care to have it described in the catalogue
absolutely correctly.

Never warrant a horse sound, knowing full well
that the animal is not so. Do not try to take
advantage of a buyer whose knowledge of horses
is of a very limited character, but deal with equal
fairness with both the amateur and the expert.

Never mislead a man regarding a horse’s age, and
do not enter into dispute with a client’s veterinary
surgeon because the latter does not enable you to
carry out the sale of a particular horse.

Never make any remarks regarding the abilities
of a veterinary surgeon through disappointment.
It is, to say the least of it, bad taste, and may
become detrimental to you at some future time.

If a horse has any vice about it, do not allow it
to be sold without fully acquainting the intending
purchaser.

A horse dealer who values his reputation will

endeavour to exclude weedy, vicious and unsound
ro*
148 HINTS ON SELLING.

horses from admission into his stables; but as
unfortunate purchases are made now and again, the
dealer has to get rid of them, but it is far better to
do this at a sacrifice, with all faults, than to endea-

vour to conceal the animal’s defects.
149

CHAPTER XII.

Warranty, etc.

WHEN purchasing a horse the maxim caveat
emptor (“let the buyer beware’’) constitutes a legal
rule ; and any man who buys a horse without a
warranty, unless he can adduce evidence of fraud,
has no remedy. If a buyer accepts a horse under
these conditions, no matter whether it be unsound
or vicious, he cannot recover from the seller.

When a contract for the sale of goods by descrip-
tion is entered into, there is an implied condition
that the goods shall conform to the description.

A warranty is of two kinds, viz. :—

(a) General.

(6) Qualified.

There is also the so-called limited warranty.

(a) General Warranty.—This is an unconditional
undertaking that the horse (etc.) is what the warrantor
professes tt to be.

(b) A Qualified Warranty.— Ifa seller at the time
of sale says, ‘I never warrant, but he is sound so
150 WARRANTY.

far as I know,’ it is a qualified warranty, and an
action for breach of warranty may be maintained
upon it by the purchaser, if it can be proved that
the seller knew of the unsoundness”’ (Oliphant’s
“Law of Horses ’’).

A Limited Warranty is one that covers a specified
time, and such are operative at all the horse
repositories ; and if the vendee fails to return the
animal within the stipulated time, he cannot main-
tain an action, unless fraud or deceit has been
practised, or the animal is unfit to return through
illness. Notice of such must be at once given to
the auctioneer.

In every case the intending buyer should insist
upon having a wrvitten warranty, and if the seller
objects to give this, then one may take it as
sufficient warning that the animal will not conform
to his verbal statements. There is always a good
deal of trouble experienced in dealing with a verbal
warranty, or, rather, a breach of such. It may have
only amounted to a representation, which is quite
a different matter.

As a rule a seller denies warranty, and unless
there be sufficient evidence that he did warrant
at the time of sale, the buyer cannot maintain an
action for a breach of it.
WARRANTY. 151

The wording of the written warranty ought to
cover the age, soundness, freedom from vice, and
the suitability of the animal for the purposes
desired. It may be written after the following
style :—

“Received from Benjamin Smith the sum of fifty
guineas for a grey mare, warranted only five years
old, and free from vice, quiet to ride and drive
in single or double harness, sound, and correct in
every way.

£52 I0 0 (Signed) ARTHUR SIMPSON.”

Date :

Distinguishing marks:

A warranty given after sale is useless, and so are
any remarks relating to the contract not upon the
written document.

Warranty as to soundness does not cover suitability
for a particular purpose.

When more than one horse is sold for one
amount, and there is a warranty given as to the
quality of all, the contract of sale is entire, but the
warranty is several (Oliphant’s “‘ Law of Horses ’’).

A warranty applies to the time of sale and not to
future events, unless this be expressly stipulated or

embodied in such warranty.
152 WARRANTY.

When a contract is entered into, and a warranty
given at the time of, or before the sale, and the
buyer relies on the bona fides of the warranty, the
latter can maintain an action if there is a breach
of the warranty.

“In a case where the seller told the buyer that one
of the horses he was selling him had a cold, but
agreed to deliver both at the end of a couple of
weeks sound and correct in every way: and at the
end of this time both the horses were delivered
but one had a “ filled leg,” and the other a cough
(present at the time of sale), the vendor brought an
action to recover the price, but he was non-suited
and the Court of Common Pleas refused to grant
a new trial, holding that the warranty did not apply
to the time of sale, but toa future period”’ (Oliphant’s
“Law of Horses’’).

If a person sells a horse for specified purposes,
and the animal does ot conform to the description,
the buyer is entitled to recover. It is a warranty
for a particular purpose.

When a seller disposes of a horse as quiet to ride
and drive, followed by the words, “ warranted
sound,” there is no warranty as to the animal being
quiet to mde and drive.

If the seller is guilty of any fraudulent practice
WARRANTY. 153

at or before the time of warranty, such sale can be
set aside on the grounds of fraudulent contract.

Sale and Warranty by an Agent.

If an agent be guilty of fraud in a transaction on
behalf of his principal, the latter becomes liable.
Such agent must be acting in accordance with his
employment.

If a party undertakes to perform an act as the
agent of another, without authority from the prin-
cipal, or if he exceeds the power invested in him,
the agent becomes personally responsible.

An agent must not exceed his authority. When
a person is unquestionably acting as agent, and
enters into a contract, on behalf of his principal in
that capacity, the agent cannot be sued upon the
contract. He can, however, be sued so as to make
him liable in damages for the loss sustained by the
person with whom he has entered into the contract.

Damage Caused through Negligence.

In Oliphant’s ‘“ Law of Horses” a case is given
in which a master sent his groom with a horse to
a fair, and, as the distance was considerable, the
groom was compelled to stable the horse for a night
during the journey, which he did in one of his
154 WARRANTY.

master’s tenants’ stables. The horse had glanders,
and he infected other members of the stud.

It was held by the Court of Session in Scotland
that putting the horse into the tenant’s stable was
an act done by the servant in the proper execution
of his duty, and for which the master was liable
upon proof of the servant’s knowledge of the
disease.

‘““A servant employed by a horse dealer as his
agent to carry on his business has an implied
authority to warrant the horses sold by him for
his principal as sound, without any — special
authority for such purposes’’ (Oliphant’s ‘“ Law
of Horses ’’).

In the case of Howard v. Sheward, this is typically
illustrated.

The plaintiff asked the proprietor’s brother—the
proprietor being a horse dealer—if the latter knew
of a horse that would suit him. He answered in
the affirmative, and the animal was shown to him,
and he purchased it for £315. The proprietor’s
brother said, ‘‘ ’ll guarantee the horse is sound,”
though the animal was, at plaintiff’s request,
examined and passed as sound.

Shortly afterwards it was proved to have been
unsound at the time of sale, and the plaintiff
WARRANTY. 155

brought the action against the horse dealer for
breach of warranty.

The defence was that a horse dealer’s servant
had no implied authority to warrant a horse on his
master’s behalf, and that it was contrary to custom
to warrant a horse after examination by a veterinary
surgeon. The judge ruled that David Sheward
had authority to warrant, and gave a verdict for
plaintiff, £127 Ios.

In a subsequent appeal, the former decision was
upheld, and the mere fact of the animal having
been examined for soundness and passed as sound
by a veterinary surgeon was not admissible to do
away with the servant’s authority to warrant.

A warranty given by a horse dealer’s servant
upon incidental matters does not render the master
liable for damages. For instance, it was held on
appeal that where a servant warranted that a horse
could be put with safety amongst the plaintiff's
horses, though the servant knew that the animal
was suffering from parasitic mange, the master
was not liable for incidental matters, there being
no warranty given on the soundness of the animal.

If the proprietor of a horse sends a stranger to
market, etc., with his horse, and he gives instruc-
tions not to warrant the animal, but the stranger
156 WARRANTY.

does so contrary to orders, the owner would not be
liable for breach of warranty ; but if a servant gives
a warranty, even contrary to his master’s orders,
the latter is bound by his servant’s warranty, pro-
vided that the servant is acting as agent on behalf
of his master. If a servant makes any alteration
in his master’s warranty (given at the time of sale)
when sent to deliver the horse to the purchaser, such
statements do not render the seller liable. Any
alteration in the warranty by a servant, without
his master’s consent, does not bind the master.

If the buyer of a horse takes a warranty from
a servant of a private owner, other than at a fair or
public mart, the Jaw does not bind his master, unless
the purchaser can prove that the latter gave him
authority to do so. Sellers sometimes take ad-
vantage of this in order to get rid of an unsound
horse, and so this should be borne in mind.

When an agent is employed to receive a horse,
obtain a receipt for the price, and take a warranty,
he is not acting within his principal’s authority if
he does not obtain such warranty.

Sellers frequently give warranties of soundness
relating to certain organs. Thus, for instance, one
commonly finds that a horse is warranted sound in
wind and sight, or sound in limbs, etc. This is
WARRANTY. 157

simply a warranty applying to the soundness of
the organs or part specifically named, and no
action can be maintained for unsoundness else-
where, where fraud has not been employed.

Defects patent to the eye of the purchaser are not
covered by general warranty, because such are obvious
to the buyer. The chief trouble which would be
likely to arise under these circumstances would
be that which “‘ constitutes a patent defect.” The
judge, or jury, will have to decide this matter.

If a horse had, say, a “‘ cloudy ” cornea, and the
seller showed him with blinkers to his bridle, could
one expect the buyer to have observed it? In
the author’s opinion, the defect, though patent
when the horse had no bridle on, has been partly
obscured. If the buyer knew of this defect, he could
not recover on a general warranty.

Gutta serena or glass-eye, does not constitute a
patent defect, though the sight is completely lost,
temporarily, or permanently.

The same remark applies to cataract.

The buyer of a horse, knowing it to be blind,
cannot maintain an action against the seller for
breach of warranty, although the horse was war-
ranted sound in every way.

In making a rule for a new trial with reference to
158 WARRANTY.

the breach of warranty on the sale of a race horse,
in which the defendant warranted the animal as
being sound in wind and limb, Chief Justice Tindal
said :—

“Tt is laid down in the older books that where
defects are apparent at the time of a bargain, they
are not included in a warranty, however general
the terms may be, because they can form no subject
of deceit or fraud ; and formerly the mode of pro-
ceeding for a breach of warranty was by an action
of deceit, grounded on an express fraud.

‘““ Although, however, certain exceptions may be
grafted on a contract of warranty, yet in this case
no fraud or deceit can be attributed to the defendant,
as the horse’s defect was manifest, the splint not
only being apparent, but made the subject of dis-
cussion before the bargain was made. If a person
purchases a horse knowing it to be blind, he could
not sue the seller on a general warranty of sound-
ness, although he had warranted the animal to be
sound in every respect.”

The splint was known to both the plaintiff and
the defendant, and the learned judge left it to the
jury to say whether the horse was fit for ordinary
purposes:
WARRANTY. 159

His direction would have been less subject to
misapprehension if he had left it to them in the
terms of the warranty to say whether the horse was,
at the time of the bargain, sound in wind and limb,
saving those manifest and visible defects which
were known to the parties; the jury might then
have considered whether the effect which might
be produced by the splint was contemplated or
not.

At the second trial the jury found that the animal
was not sound at the time of sale, owing to the
splint, which was situated in a position particularly
liable to lead to the production of lameness.

In another case defendant sold a horse to plaintiff,
giving a general warranty of soundness, pointing
out the presence of splint. In due course the
animal developed lameness, ascribed to the splint,
and the plaintiff argued that this was a breach of
warranty.

Pollock, C.B., gave his judgment in the follow-
ing terms :—

“The rule is asked for on the ground that when
you point out a splint to the purchaser you except
it out of the warranty. It may be so, if the horse
be blind, or has any other patent defect that can be
seen and is clear ; but here it may well be that the
160 WARRANTY.

defendant warranted that the splint should not
grow into lameness. A person buying a horse is
often no judge of horses, and may say, ‘ I don’t want
to see the defects or blemishes of the horse, as I
really know nothing about them. I want and must
have a written warranty.’ I do not see why this
warranty should not be taken thus: ‘I show you
this splint, and I warrant the horse perfectly sound
notwithstanding.” It may have been excepted by
the warranty, but there is no exception at all. I
think that the defendant is liable on his warranty.
This agrees with the decision of Margetson v.
Wright. Some splints cause lameness, whereas others
do not. A splint, therefore, is not one of those
patent defects against which a warranty is inopera-
tive.”

Judge Bramwell, in giving judgment in the same
case for the plaintiff, looked at the matter upon a
wider basis, viz., “ that where the warranty is written,
it cannot be modified by parole evidence to the effect
that the defect existed at the time, and was, there-
fore, excluded from the warranty.”’

A question arises as to lameness being due to
splint. It is an easy matter for anyone to ascribe

it to this, but a very different matter to prove that
it is the cause.
WARRANTY. 161

The defendant might with perfect justice deny
that the lameness was caused by the splint, because
for every one splint that does cause lameness,
there are half a dozen, at least, that do not do so.

In the United States it has been held that a
general warranty extends to patent defects, if the
seller does not allow the buyer to see the animal
beforehand.

In England, if a person residing in one part of the
country purchases a horse with a written warranty
from a party residing in some other part, the seller
becomes liable for breach of warranty, if on arrival
the horse has some patent defect, such as being
blind, having a capped elbow or other marked
growth, etc., the purchaser need not receive the
animal at all, because it does not answer the
description of the order.

The same remark applies when the vendor objects
to the buyer examining the horse, but says that he
will warrant him correct, though the purchaser
has been suspicious of some fault. It renders the
seller liable.

II
162

CHAPTER XI.

Breach of Warranty.

WHEN a person purchases a horse with a general
warranty of soundness, and he afterwards discovers
that the animal is unsound, and that he can prove
such unsoundness was in existence at the time of
sale, there is mo necessity to either return the horse
nor yet give notice to the seller, though it is advisable
to do either the one or the other.

In Scotland the buyer has a right to return a horse
if he discovers a breach of warranty, and the
return should be done at once, accompanied by
notice to the vendor. If the purchaser fails to do
this, he is regarded as having acquiesced with
reference to the faults discovered, and is accordingly
unable to maintain an action against the seller.

There is no specified time in either England or
Scotland regulating the return of the animal after
dis covering the breach of warranty, but it is a matter
of common understanding that the sooner it is
done the better.
WARRANTY. 163

In the case of Carsewell v. Coare, where the
breach of warranty was proved, but no tender
made respecting the return of the animal, it was
contended that the purchaser could recover the
cost of the horse’s keep.

Lord Mansfield ruled “that the contract was
broken, and the seller must refund the money and
the buyer return the horse ; but if the latter had
not previously tendered him, he could not recover
for cost of keep, as the fault did not rest with the
seller.”

The matter would, of course, be different if the
seller refused to accept the horse after the buyer
had tendered him.

The animal must be returned in the same con-
dition that it was at the time of sale, but supposing
lameness arises through disease that was in exist-
ence at the time of sale, the buyer cannot be held
to be responsible for such.

When a horse depreciates in value, through
injury, the result of negligence, whilst in the pur-
chaser’s custody, the vendor cannot be compelled
to take the animal back, so that the buyer will
have to be content with the recovery of a portion
of the purchase price.

A horse warranted sound, but which the buyer
TE?
164 WARRANTY.

subsequently discovers is not so, and was not sound,
as proved, at the time of purchase, does not compel
the vendor to take the animal back again. Neither
does it prevent the seller from raising an action for
the recovery of the purchase price, excepting in
the case of fraud or express agreement ; but the
buyer can plead breach of warranty as a counter-
claim in reduction of damages.

In Scotland it is customary amongst dealers to
have the animal examined by a M.R.C.V.S. directly
unsoundness is discovered. The examiner writes
his certificate, and may or may not state therein
the duration, in his opinion, of the cause of such
unsoundness. In any case, the buyer should
submit the certificate to the vendor at once, prefer-
ably personally, and in the presence of a witness,
at the same time tendering the animal, and asking
for the return of the money; but care should be
taken to guard against delivery of the horse with-
out the money.

If a person asks another to supply him with a
horse for a specific use, the buyer can return the
animal if he does so within the time needful for
discovering that it is not suitable for the pur-
poses prescribed to the seller under executory con-
tract.
WARRANTY. 165

In Oliphant’s “‘ Law of Horses” the case of Street
v. Blay is given 1m extenso :-—

“The plaintiff, on the 2nd of February, sold a
horse to the defendant for £43, with a warranty of
soundness. The defendant took the horse, re-
selling it on the same day to one Bailey for £45.

‘Bailey, on the following day, parted with it in
exchange to one Osborne; and Osborne, in the
course of two or three days afterwards, sold it to
the defendant for £30.

“No warranty was given on any of the three
last sales. The horse was, in fact, unsound at the
time of the first sale, and on the gth of February
the defendant sent the horse back to the plaintiff's
premises, requesting the plaintiff to receive him
again, as he was then very lame; but the plaintiff
refused to accept him.

“The question for consideration was whether
the defendant, under these circumstances, had a
right to return the horse, and thereby exonerate
himself from the payment of the whole price.

“Lord Tenterden, in delivering the judgment
of the Court, said: ‘It is not necessary to decide
whether in any case the purchaser of a specific
chattel, who, having had an opportunity of exercising
his judgment upon it, has bought it with a warranty
166 WARRANTY.

that it is of any particular quality or description,
and actually accepted and received it into his posses-
sion, can afterwards, upon discovering that the
warranty has not been complied with, of his own
will only, without the concurrence of the other
contracting party, return the chattel to the vendor,
and exonerate himself from the payment of the
price on the ground that he has never received that
article which he stipulated to purchase.’ ”’

In Scotland, when the seller takes no notice of the
certificate, the horse is usually put up at livery, the
seller notified where the animal is standing, and the
purchaser proceeds to sue for the price paid.

Most veterinary surgeons charge a fee of ten
shillings and sixpence for the certificate and exam-
ination, and this may be demanded from the
seller as part of the expenses incurred through
breach of warranty.

A contract cannot be rescinded by one party on
a breach of warranty unless there has been an
arrangement (agreement) to this effect. Both
persons must consent to the rescinding of the
contract.

When there is an unconditional warranty, the
only ground on which goods are returnable is that
of fraud (Oliphant’s ‘‘ Law of Horses,” page 168).
WARRANTY. 167

Mr. Baron Parke, in the case of Street v. Blay,
said :—

“When a horse is warranted sound, and turns
out otherwise, the purchaser has no right to return
him unless the warranty was fraudulent ; his only
remedy is an action on the warranty. This has
been Jately settled, but the general impression
formerly amongst the legal profession, and now
amongst all others, is that the purchaser is to return
the horse.”

But if on the sale of a horse there be an express
warranty by the seller that the horse is sound, free
from vice, etc., yet if it be accompanied with an
undertaking on the part of the seller to take back
the horse and repay the purchase money, and on
trial the animal is found to have any of the defects
covered by the warranty, the buyer must return
the horse as soon as he discovers any of the
defects, unless he has been induced to prolong the
trial, through any subsequent misrepresentation of
the seller, because in these circumstances a trial
means a reasonable trial.

“The right to return a horse, sold with a
warranty which proves incorrect, is not taken away
by the fact that the buyer, before removing him,
might have found out that the warranty was
168 WARRANTY.

untrue, or by the fact that the horse whilst it was
in the buyer’s possession was injured without his
default, through an accident arising from a defect
inherent in the animal.’—Oliphant’s “Law of
Horses.”

In the case of Head v. Tattersall it was held
that the plaintiff Head had a right to return the
mare, though injured whilst in his possession,
through breach of warranty. According to the
terms of sale, the mare, if objected to, was to be
returned within a specified time. This really
implied that the mare was on trial, though the
purchase price had been received by the plaintiff.
The contract of sale was not absolute. Goods
delivered “on sale or return’ must be kept, or else
returned within a reasonable time, otherwise the
vendor can raise an action for the price of the
goods.

When a horse is warranted as being suitable
for a particular purpose, but turns out unsuitable
for it, the buyer can return him, and then sue
for the recovery of his money, if it has been
paid.

If the seller objects to take back the animal, it
is advisable to dispose of it as soon as convenient,

preferably by public auction, subsequently raising
WARRANTY. 169

an action for the difference between the price paid
and that at which the animal was sold.

In a case of breach of warranty, the Court has
power to direct the sale of a horse, but this is only
done when it is desirable to have the animal dis-
posed of at once for some special reason.

In every instance where the seller is satisfied that
the animal was sound at the date of sale, he should
have the horse examined by a M.R.C.V.S. and
obtain a certificate ; but, what is still better, is to
have this opinion supported by the evidence of, say,
a couple of other qualified veterinarians. This will
materially strengthen the seller’s case, because
most judges are compelled to rely upon the evidence
of the veterinary surgeons as to the existence of
disease, the duration of it, etc.

Commonly, such evidence is of a very conflicting
nature, and this is just where the judge and jury
become mystified. It is a pity that veterinary
surgeons should hold such diametrically opposed
opinions, more especially when there can be no
sense of honour in doing so. Every man is justly
entitled to hold his own opinion, but where such
becomes a non-conscientious opinion, it is un-
praiseworthy, and most certainly ultimately be-
comes detrimental to a man’s reputation.
170 WARRANTY.

When a horse is sold with a warranty, and the
vendor is told that the animal is not sound, and
he offers to take the horse back and refund
the money (though he denies that it is unsound),
the original contract is held to be still open;
the vendee must sue on the breach of warranty,
and not raise an action for money had and received.

A horse that is bought on the condition that he
can be returned if not suitable, allows the buyer
to raise an action against the seller for money had

and received.
171

CHAPTER XIV.

Horse Repositories and Auctions.

CONSIDERING that a very large proportion of horses
are bought and sold through these channels, it is
expedient that buyers and sellers make themselves
acquainted with the regulations prevailing in
such establishments. All classes of horses pass
through the various horse repositories—good, in-
different, and worthless animals being obtainable
from such sources. When a horse is sent to a
place where horses are sold, an authority to sell
is implied, and the proprietor of the animal is
bound to sell to a bond fide purchaser.

The descriptions given in catalogues at horse
auctions are often of a very misleading nature, and
an unsuspecting buyer may find that he has bought
an animal that is of no use to him, and yet con-
forms to the conditions of sale and description in
the catalogue.

The reader should carefully study the chapter
dealing with Representation and Warranty.
172 SALES BY AUCTION.

Let us take the case of a horse sold at public
auction with a warranty of soundness, followed by
its age, and that the regulations of the repository
demand that the animal should be returned within,
say, a couple or three days, if discovered to be
unsound.

A buyer, discovering the age to be different from
that given in the catalogue, may, weeks afterwards,
be able to maintain an action against the seller,
because the conditions of sale apply only to the
warranty, and not to the representations following
the wording of the warranty as to soundness.

There are many hidden defects common to
horses that cannot be discovered during the time
specified for the return of a horse by the repository
regulations, and, unless the seller has resorted to
fraud, it would not appear that an action could be
maintained.

If a seller employs an auctioneer to dispose of a
horse for him—say, one that has been unnerved—
and the buyer subsequently proves that this opera-
tion had been performed whilst in the seller’s
possession, he can recover the price, plus expenses
incurred, if the animal has been tendered to the
vendor and he has refused to take it back.

The auctioneer need not pay the money over to
SALES BY AUCTION. 173

the principal if notified before he has parted with
it. In any case, such a sale of a horse comes
within the meaning of a fraudulent contract. Even
a sale with all faults does not cover latent defects,
if artifice or fraud has been employed to prevent
the buyer from discovering them, as, for instance,
when a horse has been unnerved for the purpose of
sale—disguising an incurable disease and oblitera-
ting the signs (lameness, etc.) which are indicative
of pain in the limb, or limbs.

If a person has been cheated by fraud or artifice
in the purchase of a horse, an action for fraudulent
misrepresentation can be brought.

The foundation of the action is based upon fraud
and deceit on the defendant’s part, and the damage
to the plaintiff.

In all repositories and public auctions there is a
specified time given for the return of a horse, if
it be disconform to the description given in the
catalogue, and, unless the seller has been guilty
of fraud or deceit, the buyer has no remedy against
him, unless the conditions of the sale are complied
with, viz.: that the animal has been returned with-
in the time specified in the catalogue, or the rules
exhibited about the premises of such public auction
room.
174 SALES BY AUCTION.

If through unforeseen circumstances—such as the
development of disease dormant at the time of sale—
the buyer be prevented from returning the animal
within the specified time, on the ground of un-
soundness, though warranted, the purchaser has
still the liberty of bringing an action against the
vendor.

In the event of illness arising under the foregoing
or similar circumstances, it is expedient for the
vendee to have professional advice regarding the
care of the animal, at the same time giving due
notice of the fact to the auctioneer, and, if possible,
to the principal.

A limited warranty does not, under such circum-
stances as the foregoing, in the writer’s opinion,
debar the purchaser from maintaining an action
for breach of warranty.

¢

In the case of a horse “ warranted quiet in har-
ness,’ and a dispute arising as to the correctness of
such warranty, the proprietor of the repository may
order that the animal be tried by a disinterested
third party, and, if the trial proves to be against
the vendor, the latter must pay the expenses of
such trial, the cost of the animal’s keep, etc.

It has been held that a horse may be re-sold by

public auction if the purchaser fails to clear the
SALES BY AUCTION. 175

animal within the time allowed for such purpose ;
and this without notice to the party to whom the
horse was first of all sold.

When a horse is sold by public auction under
specified conditions—such as being returnable
within a fixed time, if the warranty given should
not be borne out—the auctioneer may hold the
money until the conditions have been complied
with.

** An auctioneer has a lien upon the goods sold
by him, and a right of lien upon the price, when
paid, for the commission and charges, and he may
bring an action in his own name for the price
of the goods sold by him” (Oliphant’s ‘‘ Law of
Horses ’’).

A buyer at auction can, even before he has paid
for the horse, re-sell it to a third party, and
maintain an action for goods bargained and sold.

If a man refuses to remove goods that he has
bought, they can be re-sold, and the auctioneer
can hold him liable for the difference between the
prices at the first and second sales.

Where the price of a horse is run up on behalf
of the vendor, without any notification that this
may be done on his behalf, he cannot recover the
price, the sale being void.
176 SALES BY AUCTION.

A horse sent to a repository, or to the premises
of the auctioneer, is free from distress for rent, no
matter how such premises have been acquired by
the auctioneer.

An auctioneer has no implied authority to
warrant a horse.

If a person sends goods to a repository to be
sold which do not legally belong to him, obtaining
an advance upon them from the auctioneer, and
the latter then sells them, the auctioneer is liable
in an action for conversion.

Negligence on the part of an auctioneer or his
servants, arising through mismanagement in con-
ducting the sale, renders him liable to an action for
damages.

Buyers at auctions should always make a careful
inspection of the animals on the day preceding the
auction, and it will be a saving of useless worry and
expense if the intending purchaser takes a veterinary
surgeon with him to look over any animals that
appear to be suitable for the purposes required.

All the principal towns and cities have one or
more horse repositories, and the class of horses
going to particular places can usually be ascer-
tained beforehand ; but this must not be allowed

to influence the intending purchaser, because there
SALES BY AUCTION. 177

is not a single auction which does not contain one
horse which is more than a litile bit made up.

One cannot be too careful over selection at these
places, because it is a general rule for the best horses
to be bought outside horse repositories, though
exceptions to the rule are numerous, more particu-
larly at the principal repositories.

12
178

CHAPTER XV.

Buying at Fairs and in Market Overt, and
the Recovery of Stolen Horses.

AccorDING to English law it is a rule that a
person cannot sell or transfer property belonging
to another person without the consent of the owner ;
yet he can do so in market overt (public market),
provided that the sale and the delivery take place
within the market overt ; so that a buyer of stolen
goods may acquire a title to them in this manner ;
but these remarks are not applicable to a stolen
horse, unless the statutes of Philip and Mary,
and of Elizabeth, are complied with, and, even
then, the sale does not do away with the proprietor-
ship of the original owner. By these statutes it is
enacted that the animal for sale shall be openly
exposed in the time of such fair or market for one
whole hour together, between ten in the morning
and sunset, in the public place used for such sales,
and not in any private yard or stable, and after-
FAIRS AND MARKETS. 179

wards brought by both the vendor and vendee to
the bookkeeper of such fair or market that toll
be paid, if any be due; and, if not, one penny to the
bookkeeper, who shall enter down the price, colour,
marks, and sex of horse, together with the names,
conditions, and abodes of vendee and vendor—
that of the latter to be properly attested.

The fact of a stolen horse having been sold under
these regulations, does not debar the owner from
recovering his property, provided that he lodges a
claim of ownership within six months before a
magistrate of the district in which the horse may
be found. Forty days longer are allowed to prove
ownership. The price paid by the person in pos-
session of the horse must be tendered by the bond
fide owner.

The owner’s property in a stolen horse sold out
of market overt is valid at any time, and he can
seize the animal at any place, or bring an action for
its restitution.

The magistrates presiding at the Metropolitan
Police Courts can make an order for a stolen
horse, or other goods, to be delivered up to the
lawful owner.

It is for the buyer of a stolen horse to prove

that all the statutory regulations have been duly
12*
180 FAIRS AND MARKETS.

complied with, and, unless he does so, he will not
be able to substantiate his claim against the
rightful owner.

If a person has a horse stolen, he cannot bring
an action of trovey against the party buying the
animal, from the thief, unless every effort has been
made to prosecute the offender to conviction.

If this has been done, and the buyer notified of
the fact, though the latter may have re-sold the
horse other than in market overt, it has been held
that the original owner can recover the value of
the animal in ¢vover.

When goods are stolen from a person, and the
owner obtains a conviction against the thief, the
Court has power to make an order for the restitu-
tion of the stolen property, in spite of any sale
having taken place meanwhile in market overt.

Stolen cattle sold and re-sold in market overt on
the same day to innocent purchasers can, upon
conviction of the thief, be re-claimed by the original
owner, provided only that the regulations mentioned
at the beginning of this chapter be complied with.
181

CHAPTER XVI.

Sunday Dealings.

ACCORDING to a Law of King Athelstan, “‘ merchand-
izing on the Lord’s Day is prohibited”; and a
statute of Charles II.(an Act for the Better Observ-
ance of the Lord’s Day) enacts ‘‘ that no tradesman,
labourer, artificer, workman, or other person what-
soever, shall do or exercise any worldly labour, busi-
ness, or work of thety ordinary callings upon the
Lord’s Day, or any part thereof (works of charity
and necessity only excepted), and any person being
of the age of fourteen years, or upwards, offending
in these premises shall for every such offence forfeit
the sum of five shillings; and that no person or
persons whatsoever shall publicly cry, show forth,
or expose to sale any wares, merchandizes, fruit,
herbs, goods or chattels whatsoever upon the
Lord’s Day, or any part thereof, upon pain that
every person so offending shall forfeit the same
goods so cried or showed forth, or exposed for
sale.”
182 SUNDAY DEALINGS.

The sale of a horse by a farmer on Sunday renders
the contract valid (good), because farmers are
not tradesmen, workmen, or artificers, and there-
fore, not exercising their ordinary calling.

A contract entered into for the sale of a horse
before Sunday between persons who are not horse
dealers, will stand good.

On the other hand, a horse dealer cannot sue
upon a contract made on Sunday for the sale of a
horse. Supposing that a man purchases a horse
with a warranty on Sunday, from a person that he
knows to be a horse dealer, the purchaser cannot
recover for breach of such warranty.

If the buyer is not aware that he is dealing with
a man exercising his ordinary calling, there are
good grounds for maintaining an action for breach of
contract, and there are reasons for believing that any
judge would overrule an objection by a defendant,
in the event‘of the latter endeavouring to establish
this, as a basis of defence.

If a man buys a horse, say, on Saturday night,
with a warranty, etc., from a horse dealer—whom
he knows to be such—but does not take delivery
or pay for it until next morning—Sunday—the
warranty does not, in the writer’s opinion, hold

good unless something has been done to complete the
SUNDAY DEALINGS. 183

deal. Under these circumstances the contract does
not become valid until delivery of the horse has
been brought about, and its acceptance, by the
purchaser, acknowledged.
184

CHAPTER XVII.

Warranty and Representation.

ACCORDING to law, every affirmation at the time
of sale of personal chattels is a warranty, provided
such statements have been intended.

A difficulty sometimes arises as to whether there
has been a breach of warranty, or an act of mis-
representation.

The recommendation of the seller must not be
regarded as constituting a warranty, but simply his
belief in the value of the goods offered for sale, but
upon which he has insufficient knowledge to speak
in a positive manner.

A simple affirmation or assertion by the vendor
regarding the value or quality of goods does not
constitute warranty, unless made in the terms
thereof.

“In order for a representation to amount to
warranty it must be clearly shown not only that such
was intended to form part of the contract, but also

to have. been made pending the contract.” And,
WARRANTY AND REPRESENTATION. 185

therefore, where A. sent his horse to Tattersalls’
for sale by auction without warranty, and on the
day before the sale found B. in the stable examining
the horse’s legs, and A.said to him, ‘ You have
nothing to look for; I assure you he is perfectly
sound in every respect, and B. replied, ‘If you
say so, I am perfectly satisfied.’

“Upon the faith of this representation B. be-
came the purchaser. It was held that this was no
warranty, as this representation was not intended
to form part of the contract of sale, nor was it
made pending the contract. For the sale being by
auction, the negotiations between the parties had
not commenced, inasmuch as the contract began
only when the horse was put up for sale, and ended
when he was knocked down to the highest bidder ”’
(Oliphant’s ‘“‘ Law of Horses’).

If a mare is sold as being im foal, this is regarded
as amounting to a warranty.

It has been laid down by judges in the Exchequer
Chamber that the distinction between representa-
tion and warranty amounts to the following:
“That the rule is, where upon the sale of goods,
the purchaser is satisfied without requiring a
warranty (which is a matter for his own considera-

tion), he cannot recover upon a mere representation
18 WARRANTY AND REPRESENTATION.

of the quality by the seller, unless he can show that
the representation was bottomed in fraud.”

When a party sells a horse according to the
pedigree or history that he received when he pur-
chased it, re-selling it in accordance with the
representation thereon, though this is subsequently
proved to be false, the buyer cannot hold the seller
liable for breach of warranty, because the latter
had no means of ascertaining any further knowledge
regarding the animal than that of the pedigree
given. It is merely a repetition of the represen-
tation.

Warranty and Representation Combined.

The following may be taken as an example of a

representation and warranty combined :—

“ Received from William Smith, forty-five pounds
sterling for a red roan five-year-old gelding, war-

ranted sound.”

The first portion relating to the age contains the
representation, the word ‘“ warranted”’ referring to
the soundness of the animal only.

If the horse is subsequently proved to be, say,
four years off, the seller cannot be held liable for
breach of warranty.
WARRANTY AND REPRESENTATION. 187

In a case related in Oliphant’s ‘‘ Law of War-
ranty,” where the plaintiff brought an action to
recover the price of a horse sold under the following
warranty : “A black gelding, about five years old,
has been constantly driven in the plough—war-
ranted,” it was held that the terms of such warranty
applied to the soundness of the animal rather than
to the nature of his employment.

The author does not believe that this was sound
judgment ; the warranty ought, in his opinion, to
have been held to cover all faults.

This, in his opinion, would have been the right
construction to have put upon it.

The position of the word no more applied to the
animal’s soundness than it did to its utility for
specific work.

In order to render a representation binding, the
person making the statements must be proved to
have had knowledge that they were not true,
whereas with a warranty the seller is hable for
faults known and unknown.

In the case of Anthony v. Halstead, a written
document, with the following wording, was pro-
duced at the trial :—

“ Received from A. the sum of {60 for a black
188 WARRANTY AND REPRESENTATION.

horse, rising five years, quiet to ride and drive, and
warranted sound up to this date, or subject to

the examination of a veterinary surgeon.”

In this case it was held that the warranty did not
apply to the animal’s working fitness, but merely
to its soundness.

Supposing that a man sold a horse as being
good and correct in harness: this would be held to

constitute a warranty so far as utility was concerned.
189

CHAPTER XVIII.

Unsoundness and Yice.

WHEN buying a horse it is, if possible, advisable
to obtain a warranty that the animal is free from
all forms of vice, in and out of harness. In fact, it
is quite as important to do this as to obtain a war-
ranty as to soundness. If this is not done, there may
be a difficulty in proving that the animal’s vicious
propensities have been developed since it was
bought. Sometimes a horse will became vicious
after it passes into strange hands—more especially
if the attendant is a person of a bad-tempered
nature.

A very large proportion of vicious habits in the
horse are the result of cruelty, or some foolish
practices at a previous date.

As a rule, it is not a very difficult matter to trace
whether a horse has been vicious antecedent to
purchase, if its history be ascertained.

Drugging a horse to render its vicious nature
190 UNSOUNDNESS AND VICE.

subdued, constitutes a fraudulent practice, which
is occasionally resorted to by those who are un-
principled.

Keeping a horse on short rations, and depriving
it of corn, constitute two of the surest means of
controlling its vicious habits, if they are of a
kicking, biting, etc., nature.

Although capable of wide interpretation, the
word unsoundness means that the animal has some
disease, active or latent, or the effects of some disease
about it that is liable to—though it may not neces-
sarily — interfere with its present or subsequent
utility.

Oliphant, in his “Law of Horses,” defines a
horse to be “sound” when he is free from hered-
itary disease, 1s in the possession of his natural and
constitutional health, and has as much bodily per-
fection as 1s consistent with his natural formation.

This definition is by no means free from objection,
and is not as serviceable as the definition of Mr.
Baron Parke, who said that “the word sound
means what it expresses, namely, that the animal
is sound and free from disease at the time he is
warranted.”

Lord Ellenborough decided that ‘‘ to constitute

unsoundness, it is not essential that the infirmity
UNSOUNDNESS AND VICE. 191

be of a permanent nature ; it is sufficient if it render
the animal for the time unfit for service, as, for
instance, an attack of influenza.”

This definition leaves much room for improve-
ment. To render an animal unfit for service is
not sufficient evidence of its being unsound. A
horse may have glanders, disease of the heart, and
many other ailments, yet be quite capable of per-
forming ordinary work.

A distinction must be made between temporary
and permanent unsoundness. A trifling injury, cold,
etc., renders the animal for the time being un-
sound.

The same remark applies to thrush of one or
more of the feet. So long as this exists, it is advisable
for the veterinarian to consider the animal unsound.
It is not the duty of a purchaser to begin doctoring
a horse when he buys it, and if this disease is neg-
lected, it is very liable to run on until it causes
lameness.

Defects of conformation do not constitute unsound-
ness, though they may predispose to it. A horse
having defective action, or some bony prominence
which renders the part particularly liable to be
struck with, say, the opposite foot, cannot be
regarded as an unsound animal, and the writer
192 UNSOUNDNESS AND VICE.

does not believe that a veterinarian can legally
reject such a horse upon these grounds.

To cover this, one would need to accept the
following dictum for unsoundness :

“ That a horse is unsound which has any disease
upon it, temporary or permanent, or any defect in
ats anatomical conformation which renders it predis-
posed to suffer injury, whereby its future utility may
be affected.”

Vice does not constitute unsoundness, and it is
always wise for a buyer to get a warranty that the
animal is free from it.

Such dangerous habits as kicking, in or out of
harness, bolting, jibbing, backing, etc., are all
vices, and are breaches of warranty when a horse
has been sold as free from vice, but do not con-
stitute unsoundness.

If a horse gives evidence of any of these vicious
practices within reasonable time after sale (say,
a few weeks) the buyer has good cause for main-
taining an action for breach of warranty.

Biting and resisting shoeing are also vices.

Any bad habit that diminishes the animal’s
natural usefulness, or becomes injurious to its

health, is a vice.
193

TYPICAL ACTIONS AT LAW RELATING TO
THE SALE AND PURCHASE OF HORSES.

THE following reports of cases, tried at Common Law
and in County Courts, have been selected with a view of
giving the reader useful decisions in a number of actions
dealing with ordinary cases of the sale and purchase of
horses.

Furness v. Thompson.
BROKEN-WIND—CONCEALMENT OF UNSOUNDNESS—FRAUD.

The plaintiff, an importer of Swedish horses, had a large
number of horses, which he instructed Messrs. R. Merry-
weather and Son to sell by auction at West Hartlepool.
The auctioneers issued an advertisement and a circular,
setting forth, in flowery language, the many good
qualities of the animals which they had to dispose of,
which had the effect of attracting a large company. In
the advertisements and circulars the only warranty given
was that the whole of the animals were quiet in harness,
and in the conditions of sale, which were read before the
commencement of the auction, it was stated that all lots
would be bought at the risk of the purchaser with all
their faults.

Lot 17 was a chestnut mare, seven years old,
fourteen hands two inches high, and it was led up and
down as is usual before the commencement of the bidding,
which eventually terminated by the defendant, a farmer,
near Bedale, purchasing the animal for {22. The same

I3
194 ACTIONS AT LAW.

day he drove the animal to Foggy Furze and back without
anything being observed to be the matter with it ; but the
next day (Sunday) it bled a good deal at the nose, and
heaved violently.

Mr. Thompson saw Mr. Furness about it on the following
day, and he refused to take the animal back ; but a fortnight
afterwards, by direction of Mr. Wilson Furness, the real
owner of the horses before the sale, the animal in question
was sold a second time by auction, and, as it was shown,
bought by Mr. Wilson Furness himself for {14 5s. After-
wards, at Broughill Fair, it wassold for f1godd. The plain-
tiff claimed for £11 Is., the difference in the prices for which
the animal was sold, and certain expenses which were
incurred, and contended that the sale was throughout a
bond fide transaction. He admitted that the animal was
broken winded, and said that it showed symptoms of such
unsoundness at the time of the first sale, but he relied upon
the conditions of sale that the animal was not warranted.

Messrs. Merryweather were called, and stated that they
did not observe anything the matter with the animal, but
they believed both sales to be perfectly bond fide. The
description of the animals for sale was admitted to have
been prepared by Mr. R. Merryweather, jun., and was
more than once compared to the productions of the cele-
brated Robins, and Mr. Donkin, of Newcastle.

The case for the defendant, as stated by Mr. Ralph Bell,
was that the transaction was a monstrous fraud, and it
was contended, from the appearance of the animal on the
Sunday morning, that it was broken winded, and that
its unsoundness had been concealed by the administra-
tion of a drug. Several witnesses were called to speak
to the condition of the mare, and to the fact that it had
refused its food and craved for water; and Mr. Henry
Peele, veterinary surgeon, who was called to examine the
animal, stated that, in his opinion, the broken wind was
ACTIONS AT LAW. 195

of long standing, and that, if an animal were drugged, the
unsoundness would not be so apparent, especially if it
had been kept without food or water. An animal that
had been drugged would have a craving for drink, as this
one had been stated to have. He gave a decided opinion,
from his observation of the animal, that it had been
drugged. The bleeding at the nose was owing to congested
lungs. The plaintiff and his witnesses, it may be stated,
denied in cross-examination that they had any knowledge
of the animal having been drugged.

Mr. William Todd, in his reply on behalf of the plaintiff,
said it was well known that horse dealers were not the
most honest people in the world. It was with them, he
thought, a case of ‘‘ diamond cut diamond,” and if one horse
dealer could deceive another he believed it was perfectly
fair to do so. It was not to be supposed that the
plaintiff, having a broken-winded horse to sell, would cry
stinking fish. And when a man went to an auction and
bought a horse which was not warranted, he took his
chance of being “ taken in.”

The Judge, in summing up, pointed out to the jury
that the whole question for them to consider was whether
the horse was drugged or not, for if it was drugged, that
would amount to a fraud, and a fraud would vitiate a
contract.

The Jury found a verdict for the defendant.

[NoTE.—The decision in favour of the defendant in this
case was unquestionably right. Obviously the animal
was unsound at the time of sale, and the evidence supported
the view that the horse had been drugged in order to mask
the signs of the complaint from which it then was, and had
been, suffering for a considerable period. ]
196 ACTIONS AT LAW.

Thomas v. Young.

UNSOUNDNESS AT TIME OF SALE—-WARRANTY AFTER SALE
ONLY.

At the Gloucester Assizes, before Baron Huddleston anda
special jury, the case of Thomas v. Young was heard.
Mr. Matthews, Q.C., and Mr. Maddy appeared for the
plaintiff ; Mr. Powell, O.C., and Mr. Anstie for the defendant.

The action, which was one of interest in itself, was
brought on a cheque for £150, which had been drawn by
the defendant to the plaintiff's order, and afterwards pay-
ment of it stopped under the following circumstances :—

The plaintiff, being anxious to sell a hunter, took it to
the Islington Horse Show and entered it in the hunter’s
class. The horse, which was named Pembroke, was a valu-
able animal, having cost him £250, and having won the first
prize at a local show in Wales as a heavy-weight hunter.
According to the plaintiff’s account, which was corroborated
in certain particulars by his groom, and by a gentleman—
Captain Dighton—who was with the defendant, Mr. Bernard
J. Young, of Richmond, near Sheffield, was attracted by the
appearance of the horse at Islington, and expressed a wish
to try it. Mr. Thomas said he might try it when and
how he pleased ; and the defendant then took the animal
outside and rode it up and down the street for a quarter of
an hour or twenty minutes. Upon his return, he said the
horse “‘grunted” a little, but he was prepared to give the
plaintiff £150. The plaintiff at first declined the offer ;
but ultimately (rather, he said, than take it back to South
Wales, and being anxious to sell the horse) he consented
to take {150 ; and it was agreed that the defendant should
send him a cheque to Arthur’s Club. This was on Friday,
the 8th of June ; and on the following Monday the plaintiff.
who had been obliged to return to Wales without going to
ACTIONS AT LAW. 197

Arthur’s, found, on his arrival, two letters awaiting him
from the defendant. In the first of these, dated the day
of the sale, the defendant enclosed a cheque for £150 to the
plaintiff's order, with the following endorsement on the
back : “‘ For a chestnut gelding, Pembroke, five years old,
warranted perfectly sound, free from vice, and all right.”
In the second letter, dated the gth, the defendant said the
horse had been examined by a veterinary surgeon, who
had telegraphed to him that the horse was a “roarer.”
““With this advice,” the defendant wrote, ‘‘ of course, I
cannot keep the horse as a sound horse ; but as I believe you
thought the horse was sound, and I do not wish to incon-
venience you, we had better meet and see what is to be
done.” The plaintiff, in reply to this letter, wrote: ‘“ You
bought my horse at your own price, and without any
warranty at all. I told you all I knew about him, and
what I had been doing with him. I most certainly was
not aware that the horse was unsound, and it was hardly
likely that the horse should have been commended in the
hunter’s class had such been the case.” The defendant to
this replied that he only paid £150 on the condition that
the plaintiff sold the horse as sound, and he certainly
should not keep it. The defendant then stopped payment
of the cheque, which had been endorsed and presented by
the plaintiff, and sold the horse by auction. The price
which it realized was £55 13s., and this sum the defendant
paid into Court.

The plaintiff was cross-examined as to the reason for
which he endorsed the cheque after he had seen the
warranty written on the back by the defendant ; and he
explained this by saying that he did not know what the
legal effect of striking out the words might be, and as he
had repudiated the notion of a warranty in his letter to the
defendant before he presented the cheque, he thought it
unnecessary to do more.
198 ACTIONS AT LAW.

Mr. B. Cartledge, of Sheffield, Fellow of the Royal College
of Veterinary Surgeons, ex-president, and Member of the
Court of Examiners, was called. He said he examined
the horse on the 9th of June, immediately on its arrival
at Sheffield from London, and found the animal unsound
in its wind. This he at once telegraphed to the defendant.
The disease must have existed for some weeks at least. He
examined the horse again on July 13th, and he was still
a “‘roarer,” and would remain a “roarer.”’ He was not
only an unsound horse, but for the purpose of hunting was,
comparatively speaking, of no value. Cross-examined :
“Grunting”’ and “ roaring’? were two different things.
“‘ Grunting ” was a habit, and suggestive of “ roaring,” but
of itself was not unsoundness. “ Roaring’”’ was a disease,
and was unsoundness. The case of the horse Pembroke
was clearly one of disease.

Mr. Hoole, veterinary surgeon, Sheffield, had likewise
examined the horse, and found him a ‘“‘roarer.’”? He con-
firmed the evidence of Mr. Cartledge.

The defendant, too, was called, and gave his own account
of what had happened. He said, after trying the horse,
it ‘“‘grunted” a little, but he did not attach much im-
portance to this, knowing that it had been severely exa-
mined at the show and had been commended. As to the
actual sale, his account was that he had bought the horse
after having said to the plaintiff, ‘‘ I have had no fair trial,
but I like. him ; and if you will sell him as a sound horse
and all right, I will give you £150.”

The learned judge asked the defendant if anything was
said about the age of the horse, or being free from vice,
and the defendant admitted that these words had not been
used in conversation, but said that he had put them into
the endorsement because he thought that was the usual form
of a warranty.

The learned judge, in summing up the case, said the
ACTIONS AT LAW. 199

burden of proof rested on the defendant. If the horse was
sound at the time of sale, their verdict must be for the
plaintiff ; but if it was unsound, and, being unsound, there
was a warranty by the plaintiff that it was sound, their
verdict would be for the defendant.

The jury immediately found for the plaintiff, and his

lordship gave judgment for £150, less the sum paid into
Court.

{[NoTE.—The verdict in this case was the only one that
a jury could reasonably give. In the first place, the
endorsement upon the cheque by the defendant could only
constitute a warranty after sale, and as such was void.
Moreover, a buyer cannot warrant the soundness of his
purchase without the consent of the vendor. The jury
were obviously of opinion that no real warranty had, in
spite of the expert evidence, been given by the plaintiff.]

Palmer v. Cannon.

“ SHYING BREACH OF WARRANTY.

This action was brought to recover sixty guineas for a
breach of warranty of a horse, which, it was allowed, the
defendant had represented to be “‘ quiet to ride and drive,
and free from vice, and not to crib-bite.”

Mr. Edlin stated the case. The plaintiff, he said, was
a magistrate and the defendant a farmer and auc-
tioneer, residing near Chippenham. Towards the end of
last year, Mr. Palmer was in want of a horse, and a horse
dealer, named Clark, living at Melksham, informed him
that Mr. Cannon had one that would exactly suit him. The
plaintiff thereupon wrote to the defendant, stating that he
would come over with his coachman to see the animal.
The defendant replied that he knew nothing about coach-
men, but that he should be happy to show the horse to the
200 ACTIONS AT LAW.

plaintiff himself. The plaintiff, nevertheless, took his
coachman with him when he went to see the horse on 26th
December. The horse, on being tried, “shied slightly,”
and the coachman said, “I hope he is not given to these
tricks.” The defendant replied, “I never knew him to
do such a thing before.” The defendant fixed the price at
one hundred guineas, but did not warrant the horse sound.
All he did was to warrant it free from vice, perfectly quiet
to ride and drive, and not to crib-bite. The plaintiff took
time to consider, but in the course of a few days sent the
defendant a cheque for £100, on which the following en-
dorsement was made, and signed by the defendant :

“Received of Mr. Palmer, the sum of f100, for a bay
gelding, six years old, warranted quiet to ride and drive,
free from vice, and not to crib-bite.”

The horse did not answer the description given in the
warranty. On the contrary, it turned out to be “a per-
sistent and inveterate shier.” It shied at almost every-
thing. On one occasion it ran Mr. Palmer’s carriage into
a ditch, and on another it nearly put a mare on which Miss
Palmer was riding into a similar predicament. In March,
the horse was sent to a livery stable of a Mr. Strange, at
Bath, and Mr. Strange, having driven it, found that it
shied at almost everything. On one occasion it showed a
disposition to back into the river, and on another an old
woman had some difficulty in getting out of its way.
Eventually the animal was sent to Aldridge’s repository in
London, where it was sold for thirty-eight guineas.

Mr. Palmer was called, and bore out the statement of
the learned counsel in regard to the terms of the purchase.
The horse was sent to Mr. Clark, at Melksham, for a fort-
night, and two days after it came home, his (Mr. Palmer’s)
coachman drove it to Trowbridge Station. It shied at a
heap of dirt and some water in the road. It shied going
to Trowbridge on the 14th or 15th February, and again on
ACTIONS AT LAW. 201

returning from Beckhampton on the 2nd or 3rd of March,
when the spring of the carriage was broken. On the ist
of March it ran off the road on to a grass field, and the
carriage was shaken a good deal. It was a dangerous horse
for a gentleman to use. It was not quiet, either to ride
or drive.

In cross-examination, Mr. Palmer said that he did not
know that he ever had a horse that did not shy more or
less. It depended, however, a good deal upon its “‘ fresh-
ness.”” He might be getting more nervous in riding than
he was when he was younger. He denied having told
Mr. Collett, of Keevil, that the horse went on very well.
What he said was that in his short experience of it, he found
it to shy a little. He admitted having told Mr. Collett
that if the horse turned out as it had been represented to
him he should be suited for life. He did not know to
whom the horse was sold at Aldridge’s.

Mr. Palmer’s evidence was supported by Miss Palmer,
his coachman, and by Mr. Strange, after which

Mr. Broad, veterinary surgeon, of Bath, was called and
gave it as his opinion that the horse suffered from cataract
in the off eye of at least twelve months’ standing. The
disease would account for its shying and render it unfit for
a gentleman’s use. The sum realised at Aldridge’s was
a fair price. He was not interested in the sale.

In cross-examination, he denied that all horses shied.
He had one that did not do so, even if shut up in the stable
for a month.

Other witnesses were called on behalf of the plaintiff,
at the close of whose case Mr. Cole addressed the jury for
the defence. The learned counsel ridiculed the idea of the
horse being ‘‘ a confirmed and inveterate shier” at the
time of the sale, in face of the fact of its being kept by the
plaintiff for ten weeks without a word of complaint. Mr.
Cannon had it in his possession for two years and a half.
202 ACTIONS AT LAW.

He would tell them that there was not a more honest horse
in the world, and that nothing would have induced him to
sell it but the circumstance of its being too good for his
work. Even with the bad character it had received, there
were gentlemen who would willingly have given eighty
guineas for it at Aldridge’s if they had known of the sale.
It was there sold without notice ; the defendant was denied
any opportunity of inspection previous to the sale; and
notwithstanding that every inquiry had been made, he had
been unable to ascertain what had become of the horse,
There was a strong suspicion of ‘smuggling ”’ after it had
left Mr. Palmer’s possession, for even the letter announcing
that the horse had been sent to Aldridge’s must have been
posted after Strange had returned from the sale.

Mr. Henry Cannon, the defendant, on being sworn,
said he bought the horse for thirty-three guineas, at a
fair. It was then four years old. He rode it from
Crowmarsh to Didcot, where it was sent by rail to
Chippenham. He rode it home from Chippenham the
same night, and next day put it to collar-work on his farm.
It was so quiet that a boy at two shillings a week used to lead
it. It was remarkably quiet in the stable, and in harness
it was one of the straightest horses that he had ever sat
behind. It never broke a buckle or a strap during the
time he had it. It was an unusually fine goer across
country. Nothing was said about its shying when
Mr. Palmer and his coachman came over to look at it.
It would skip and jump a bit when fresh, as all horses would
do, but there was no vice about it. He had driven it
through water, and never knew it to rear, bolt, jib or shy.

The witness was asked in cross-examination whether he
ever knew the horse shy, but he declined to answer the
question for some time, and said he would stop until
Mr. Edlin was tired of repeating it. On being admonished
by the learned judge, he admitted that he had known it
ACTIONS AT LAW. 203

shy—all horses would do so at times. He swore most
positively that nothing was said about shying by Mr.
Palmer’s coachman. When he bought the horse it had a
lot of warts upon it, which it cost him ten shillings or
so to cure. He was not aware of any disease of the eye,
but he knew that it sustained a slight blow on the off-eye
while he had it.

Cross-examination continued: He did not bargain witb
Mr. Barnes, of Andover, for the sale of the horse to him.
Mr. Barnes didn’t tell him that it had diseased eyes. Mr.
Barnes looked at its eyes, and said it had not breed enough
for him. He had ridden it by starlight, by moonlight,
and in the dark, but it never shied so as to give cause
for fear. It once stopped suddenly with him in moonlight,
but he didn’t call that shying. He had been to Biddestone
revel with some friends, and the horse stopped because of
the reflection of the moon in the water. He was thrown
out of the trap. (Laughter.) It was all done while he
could say “knife.” (Laughter.) Mr. Little, who was also
in the trap, crawled along the back of the horse, got hold
of the reins, turned the trap round, and picked him up.
He was in the habit of going like the wind when in the
saddle. For fourteen years he led the Queen’s stag-hounds,
and should have continued to do so but for his increasing
weight.

Re-examined : There were roundabouts and shows at the
revel, but the horse went quietly along notwithstanding the
noise. He saw other horses being led through the street.
If he had known of the sale at Aldridge’s, he would have
kept on bidding until he got the horse back. He was in
London at the time, but knew nothing whatever of the
sale.

Mr. Cannon, jun., and Mr. Clark, horse trainer, of Melks-
ham, to whom the horse was sent immediately after its
purchase by Mr. Palmer, gave evidence, Clark stating that
204 ACTIONS AT LAW.

it had been trained to carry “gin and water.” He saw
no symptoms of vice. His wife and another lady were with
the horse one day when it did not shy.

The learned judge, in summing up, said the question
they had to determine lay in a very short compass. He
had never known a case which when the question arose
about the quality of a horse there was not on one side or
the other a great degree of exaggeration and untruth, and the
present case afforded no exception to the rule. The ques-
tion the jury had to determine was whether at the time
of the sale the horse was “‘ quiet to ride and drive, and free
from vice.” If they were satisfied that it was so, their
verdict must be for defendant. On the other hand, if the
vice suddenly developed, they must find a verdict for
plaintiff.

A verdict was given for the plaintiff.

[Note.—It is difficult to conceive how any jury could
have arrived at any other conclusion.]

Turnham v. Paris.

WARRANTY—BOTS IN THE STOMACH-——-ALLEGED
UNSOUNDNESS.

This was an action brought by the plaintiff, a licensed
victualler, at Islington, against the defendant, a horse
dealer in Clerkenwell, on the warranty of a mare, which
was purchased by the plaintiff of the defendant for the
sum of £46, and which, after having been used for some
two or three weeks, died suddenly, as it was alleged,
from the accumulation of a large number of bots in
the stomach.

Mr. Digby Seymour, Q.C., and Mr. Collins appeared as
ACTIONS AT LAW. 205

counsel for the plaintiff; Mr. O’Malley, Q.C., and Mr.
Patchett conducted the defendant’s case.

Mr. George Turnham, the plaintiff, said: In the latter
end of June last the defendant allowed me to have the
mare in question on trial, which I thought was a good,
serviceable animal. He asked £50 for her, and said that
he would warrant her sound and a good worker. After
I had had her a day or two, she seemed very unwell, and
went sluggish ; she was attended by a veterinary surgeon,
who was sent by the defendant, and she got better. In
the latter end of July my man drove me down to the Welsh
Harp at Hendon and back, and on the following day she
died suddenly. There was a post-mortem examination
made of her.

Cross-examined : On the first occasion of my taking the
mare out, my man drove me to Whetstone and back. She
was a free, good goer; on the subsequent occasions she
went very well. When first taken ill, my man thought
she had merely caught cold.

John Hicks, the plaintiff’s groom, said, on the occasion
when he had driven his master to Hendon and back, on
going into the stable early in the morning he found the
mare very ill, and she died in a few hours. On the fost-
mortem examination, a quantity of bots were found in the
stomach ; he was not aware that all horses that had been
out at grass in the spring or summer season were afflicted
with bots.

Mr. Thomas Dollar, a veterinary surgeon, of Bond Street,
said he made a post-mortem examination on the mare on
the 31st July. He found two-thirds of the cuticular coat
of the stomach covered with bots. There was also inflam-
mation of the bowels, which, in his opinion, had been
caused by the undigested food passing into the intestines.
The presence of the bots did not allow of the uniform
action of the stomach on the food when it passed into the
206 ACTIONS AT LAW.

stomach. In his opinion, that was the primary cause of
death. The presence of bots would exhibit itself in the
living animal by its having a rough, hollow coat, and a
precarious appetite. Bots generally get into the stomach
of a horse in the spring of the year when out at grass, and
take some time to develop themselves. As a rule, they are
carried away in the dung, but in the case of an animal in
bad health, whose stomach has been much injured by their
presence, they remain, and, in some instances, destroy
the coat of the stomach, which becomes indented by their
constant pressure. Looking to the state of the mare when
he made his examination, he should say she must have been
in an unsound condition when sold to the plaintiff from
the presence of the enormous number of bots in the
stomach.

Cross-examined: The bots he found in the stomach he
did not remove; they remained to be seen by the gentle-
man employed by the defendant. They were found in the
more insensible part of the stomach, and a few in the
smaller intestines. The bot which is found in the stomach
and that sometimes found in the anus, are of different
classes. The inflammation of the bowels, which he
observed, was the proximate cause of the death of
the mare, and that might have arisen from a chill, pro-
duced by standing some time in the cold after being
driven hard, or having a pail of cold water given
when she was heated. The presence of bots prevented
digestion, just as the teeth of a human being covered with
velvet would prevent his eating. In the time of his grand-
father there was a notion prevalent that they assisted
rather than impeded digestion, but that was now ex-
ploded. He never knew of an instance in which bots had
been described as unsoundness. Bots are more commonly
met with in horses turned out in low, fenny countries than
on hill-side pastures. The food passing into the
ACTIONS AT LAW. 207

stomach in an unprepared state acts as an irritant, and sets
up inflammatory action, which in the course of twelve hours
might cause death.

Mr. Henry Kent and Mr. Wilkinson agreed in the opinion
of the last witness that the presence of bots in the stomach
to the extent exhibited in the present case would be suffi-
cient to cause severe injury to the mare, and ultimately
to account for her death.

Mr. O’Malley, on behalf of the defendant, stated that his
client had not warranted the mare. He had purchased her
of a gentleman in Cambridgeshire, who had hunted her the
previous season, and when sold to the plaintiff, he said he
believed her to be sound, but he would not warrant her.
With regard to the notion entertained by Mr. Dollar and
the other gentlemen called by the plaintiff, that the pre-
sence of bots in the stomach of a horse was unsoundness,
or that it tended to impair its general health, good appear-
ance, and capability of working, he should call several
gentlemen of very great experience in their profession,
who were of the contrary opinion, and who would state
that the death of the mare was in no way attributable to
the causes assigned by the witnesses for the plaintiff.

Mr. W. Paris examined : I bought the mare from a gentle-
man of the name of Waller for {42. I told the plaintiff
that I believed her to be sound, but I did not warrant her.
Some few days after the sale I heard she was unwell, and
I sent Mr. Batt, the veterinary surgeon, to see her, and J
was told he prescribed for her. I saw her afterwards some
three or four times in harness, when she was in a great state
of perspiration ; she was a very free goer.

Cross-examined : I have as many as twenty horses in my
‘stables. When I sold her I had not the least hesitation in
saying I believed her to be perfectly sound, but I would not
warrant her. I am quite sure I did not do so.

Mr. Charles Waller; I reside near Royston. I hunted
208 ACTIONS AT LAW.

the mare during one season, when she went very well, and
was always in good health. When the season was over,
I turned her into a paddock some two hours in the day
for exercise. When I sold her to the defendant she was
quite sound and well.

Mr. Batt said: I examined the mare at the request of
the defendant. She was then suffering from influenza
and pleurisy ; it was a complicated case. Hicks, Mr.
Turnham’s groom, placed the case in my hands. I saw
her again on the following day, when the symptoms had
very much abated. I called again on the 7th, and she
had so far recovered as not to require any further attention.
Influenza was prevailing at the time. On the 31st
July I heard from Mr. Paris that the mare was dead, and
I arrived shortly after the post-mortem examination had
been made. I examined the stomach and intestines ;
the latter were in an acute state of inflammation, which
undoubtedly was the cause of death. There was no
inflammation of that part of the stomach where the bots
were attached, which is the cuticular or insensible part;
it is where they are usually found. There was nothing
to show any injury from the bots; there were slight
indentations where they had been, which is always found
in these cases. There was no connection between the
presence of the bots and the inflammation of the bowels.
I do not agree with the theory that the presence of the bots
prevents the food passing into the intestines in a perfectly
digested state; I never heard of it before. Inflammation
of the bowels might arise from various causes, such as being
over-driven and left to stand in cool places, producing
chill, or drinking cold water when in a state of heat, which
are matters of daily occurrence.. I never saw a case of
inflammation of the bowels arising from the presence of
bots in the stomach. I have heard of a case where bots
had perforated the stomach, and the food passed into the
ACTIONS AT LAW. 209

abdominal cavity, and produced inflammation of the
outside lining of the bowels and stomach. There are only
one or two such cases recorded. Unwholesome food, or
undigested food, passing into the stomach would produce
inflammation. A horse eating bad hay or kiln-dried oats
would be liable to such inflammation, which is sometimes
very rapid in its progress. I never before knew that bots
were considered a disease. They are commonly found
in horses that are turned out to grass during certain months.
Their existence causes no disparagement in the outward
appearance of the horse, and there is nothing to show of
their existence.

Cross-examined : The existence of pleurisy would show
itself in three or four days by the horse breathing quickly,
and having, in some cases, a rough coat. After the post-
mortem examination, I took the morbid parts to Pro-
fessor Spooner, and his opinion coincided with mine.
The statement by Mr. Dollar, that there were as many
bots as would fill a quart, is, I think, an exaggera-
tion. I counted about sixty—there was evidence of a
number having passed away. The presence of even a large
number of bots would not interfere with digestion. I
have seen as many as six hundred in one cluster partly on
the sensible as well as the insensible part of the stomach.
I do not admit that bots are an irritating cause. A horse
having influenza and pleurisy on the 4th of July would
be more liable to inflammation of the bowels from his
system being in a bad state. I do not agree in the opinion
expressed by an eminent French authority on veterinary
science that ‘bots in a multitude may occasion sharp
pains, and prove detrimental to digestion by absorbing the
juices necessary for that operation.” I agree in what is
said by the same writer, “ that so long as they exist in small
numbers they do no harm, and cause no pain.” Neither
do they, I think, in large numbers. My treatment, when I

*4
210 ACTIONS AT LAW.

was called in on the first occasion, had removed the mischief.
The mare died from acute inflammation of the bowels.

Professor Pritchard, examined by Mr. O’Malley: I ex-
amined the stomach and bowels of this mare the day they
had been examined by Mr. Batt. I found the whole
course of the lining membrane of the bowels in an inflamed
state, and noticed on the cuticular portion of the stomach
a number of bots, and a number of depressions indicating
that bots had been attached there and become removed ;
the stomach was perfectly healthy. There was no con-
nection between the state of the bowels and the presence
of bots. Their presence had nothing to do with the in-
flammation of the bowels, nor is their existence considered
a disease. On the contrary, it is consistent with the most
perfect health of the animal. I never before heard of
their producing inflammation in the bowels by preventing
the proper digestion of the food, and I think such a theory
is absurd. In this instance, I do not suppose that there
were more than sixty or seventy. I have known scores
of cases where there were double the number present. I
have never heard of an attack of pleurisy lasting many
days without the symptoms being very palpable. The
presence of bots does not impair the energy or the health
of the horse. I am not aware of any symptoms by which
they can be detected.

Cross-examined : In a healthy horse the period of the
development of the bot is about ten months. I do not
believe that a horse when in an unsound or weak state is
more likely to attract the gad-fly than a sound, healthy
animal ; it is a well-known fact in veterinary science. I
have known numerous cases of bots in the stomach, but
I have never known, in my own practice, an instance
where they have in any way interfered with the health of
the horse. Impaired digestion is not in itself a cause of
inflammation of the bowels. The digestive process is not
ACTIONS AT LAW, 211

completed in the stomach ; the food, partly digested there,
becomes wholly digested in the intestinal canal, where
there are juices necessary to its digestion; the bot does
not feed on them, but on the mucus. I think the statement
of the French writer referred to, that ‘‘ bots in a multitude
occasion sharp pains and prove detrimental to digestion
by absorbing the greater part of the juices necessary for
that operation,” to be absurd; and, in my opinion, the
author of such statement could know nothing about diges-
tion. Ido not think the mare in question had been suffering
from inflammation of the bowels more than twenty-four
hours. Isee no link at all between the first and the second
attack ; in the one case, the mare had an attack of in-
fluenza, from which she recovered ; in the second instance,
she had inflammation of the bowels, from which she died.

Mr. J. Rolfe Cox, M.R.C.V.S., Mount Street, Grosvenor
Square, Mr. Talbot, M.R.C.V.S., of Scotland Yard, and
Mr. George Williams, M.R.C.V.S., Wilton Road, Pimlico,
corroborated the evidence of the preceding witnesses.

Mr. O’Malley was about to address the jury in summing
up the evidence for the defendant, when one of the jury said:
My lord, we do not think it necessary to trouble the learned
counsel ; we have quite made up our mind.

Mr. Justice Byles: The learned counsel for the plaintiff
may claim to address you to see if he cannot change your
opinion.

Mr. Digby Seymour: When the jury have intimated
an unanimous opinion, I feel bound to bow to their
decision.

Foreman of the Jury : We are all agreed.

Mr. Justice Byles : That being so, I think I may relieve
you from all responsibility, Mr. Seymour, by saying that
I certainly agree with the jury. You think the horse was
not unsound ?

Foreman : Certainly, my lord.

14*
212 ACTIONS AT LAW.

Mr. Justice Byles : So do I, gentlemen.
Verdict for the defendant.

[NoTE.—The results of the post mortem clearly established
that the death arose from some other cause than that
alleged by the plaintiff. The fact that the presence of a
large number of bots has been regarded as the cause of
death is one well known to veterinarians, but only when
they are situated upon the mucus membrane at the pyloric
end of the stomach, or else within the duodenum or part
of the bowel leading out from the stomach. In the latter
position they have been known to produce stricture and
have been associated with that form of bot which usually
occupies the rectum and is known as_ gastrophilus
hemorrhotdalis.

The contention that the presence of bots in itself con-
stitutes unsoundness is wholly untenable. ]

Birch-Reynardson v. Tilley.

DESCRIPTION AS ‘‘ GOOD HUNTER”’—ALLEGED WARRANTY
OF “ SOUNDNESS.”’

At the Southampton County Court in the case of
Vere Birch Reynardson v. J. A. Tilley, Mr. Lamport
appeared for the plaintiff, and Mr. White for the defendant.
Plaintiff, of Testbourne House, Totton, sought to recover
from the defendant, a riding master, of Alton, the sum of
£39 18s., purchase money of a gelding sold by Messrs.
Perkins and Sons, Southampton, to defendant at the
repository, and in the alternative claimed the amount of
defendant’s cheque paid to Messrs. Perkins, and endorsed
by them to plaintiff, payment of which was stopped.

Mr. Lamport, in addressing the Court, said the facts of
the case were exceedingly simple. The plaintiff was the
ACTIONS AT LAW. 213

son of a well-known county gentleman, was a member of
the New Forest Hunt, and had for one season hunted the
animal in question. The reason of plaintiff’s wishing to
dispose of the animal was that he was about to get married,
and he instructed Messrs. Perkins and Sons, auctioneers,
Southampton, in the ordinary way, to sell this animal.
Plaintiff also took the precaution before the sale to have
the animal inspected by Mr. Burden, a veterinary surgeon,
and at the sale and in the advertisement regarding the sale
the animal was described as a nice gelding, six years old,
‘““a good hunter, will carry a lady, goes in double or single
harness.” On the day of the sale the defendant had the
opportunity, and did inspect this animal, and it was sold
to defendant in the ordinary course, and knocked down
to him for £39 18s., and he took it away in the ordinary
way. He (Mr. Lamport) had to call his Honour’s attention
to the conditions of the sale, and his Honour would notice
that in connection with the description of the animal there
was no warranty as to soundness. The conditions of sale
were exhibited in the yard on a board (the actual copy
exhibited was here produced), and included the provision
that where a horse was entered as a good horse, quiet to
ride and drive, and so on, the money should be paid to the
owner on the following Tuesday, unless the purchaser
delivered to Messrs. Perkins, on or before ten o’clock on the
following Monday, a certificate from a veterinary surgeon
as to unsoundness, or a statement in what other respect
the description of an animal was not answered.

Mr. White explained that his main contention was as to
the description of the animal as “a good hunter.” They
said it was not.

Mr. Lamport said that the conditions of the sale had not
been complied with. Apart from the question of warranty,
he held that the defendant had not complied with the con-
ditions of the sale. Having given the cheque as a nego-
214 ACTIONS AT LAW.

tiable security, which was endorsed by the auctioneers in
favour of the vendor, the proper course for the defendant
to have taken, if he thought there was any breach of
warranty, was to have given the usual notice, had the
horse re-sold, and sued the vendor for any damages sus-
tained, and he should have done that within the time
mentioned in the conditions of sale. Coming to the more
important point, he (Mr. Lamport) contended there had
been no breach of warranty, and he thought he should be
able to prove satisfactorily to his Honour that there had
been no misrepresentation in regard to the animal in
question,

Frederick Styles Ring (Messrs. Perkins and Sons) testified
as to the sale of the animal.

Cross-examined by Mr. White, witness admitted the
receipt, on the Monday afternoon, after the sale at four
o’clock, of a communication from defendant, enclosing a
veterinary surgeon’s certificate, but the animal reached
them at twelve o’clock the same day.

Plaintiff said he bought the animal in 1892 and hunted it,
and in the summer it was turned out. His groom hunted
it in January.

Cross-examined by Mr. White, witness admitted that
he only hunted the animal once last season, but he had seen
the animal hunted.

Robert Smith, groom to the plaintiff, said he had hunted
the animal in question several times. The animal hunted
very well.

Cross-examined by Mr. White, witness said that he used
to ride the animal daily. He had hunted it three times
this season.

Mr. Stanley Pearce, Master of the New Forest Hounds,
said he had seen the horse in question hunting at their
meet. It was a good hunter, and, in his opinion, would
do a good day’s hunting. His definition of a good hunter
ACTIONS AT LAW. 215

in this part was sound in wind and eye, and capable of
being hunted.

Cross-examined by Mr. White, witness said that on an
average there would be from thirty to forty horses at their
.. meets.

Mr. Timson, a member of the New Forest Hunt, said he
had seen the animal in question, and it went as well as
others. There was no reason why a horse with a side-bone
should not hunt, unless it was lame. The animal was not
lame when last he saw it, in December or January.

Mr. William Thomas Wallace, proprietor of the Bedford
mews, said he had had experience of twenty-five years in
hunting and other horses. The horse, as far as he saw on
the day of sale, presented no appearance otherwise than
that it might be considered a good hunter. His definition
of a good hunter was—sound in wind and eyes, and capable
of being hunted within the time specified for trial.

Cross-examined by Mr. White, who asked him if he would
buy a horse with ossification of the cartilage as a good
hunter, witness said it was a matter of degree. He had
known horses theoretically unsound and practically sound.

Mr. Barford, veterinary surgeon, deposed to examining
the animal in question on the 7th inst. He saw nothing
to prevent the animal being a good hunter. He found
slight side-bone. The animal was not lame when he saw
him.

Mr. James George Burden, veterinary surgeon, Southamp-
ton, deposed to examining the animal on the 26th January,
and the animal was, in his opinion, sound. He saw no
side-bone. It could not be possible for the animal to have
hunted as had been related if it had been lame in both fore-
legs and had much side-bone.

Cross-examined by Mr. White, witness said he found a
splint on one of the fore-legs. No reason was given to him
for an examination of the animal,
216 ACTIONS AT LAW.

Mr. White then addressed the Court for the defence,
and drew particular attention to a letter sent by the
plaintiff in reply to a communication from the defendant.
Plaintiff wrote that he was sorry the bay gelding did not
come up to his expectations, but he begged to point out
he gave no warranty of soundness, but the animal was
described as “a good hunter,” a term which was generally
considered to mean being sound in wind and eye. The
plaintiff seemed to think he was disposing of all liability
by simply entering the animal as a “‘ good hunter,” but had
the animal styled a “‘ good hunter” in order to enhance
the price of it.

Defendant said that he bought the animal for the pur-
poses of hunting and a good hunter, but he found it lame.

Cross-examined by Mr. Lamport, defendant said he did
not hunt the animal. He had no opportunity. It had a
well-developed side-bone, and was unsafe to jump.

Mr. Walker, veterinary surgeon, Alton, deposed to being
called on to examine the animal, and he found it had a
well-developed side-bone in the off fore-foot, and a splint
in the near one, and the animal could not be described as a
good hunter under those conditions.

Mr. Redford, veterinary surgeon, who examined the
animal on the 27th March, found it lame in both fore-legs.
The animal had a fully-developed side bone and a splint,
and, consequently, could not be described as a good hunter.

His Honour gave a verdict for the defendant, remarking
that he had no hesitation in saying that the animal was
unsound.

Mr. Lamport asked his Honour for a ruling as to whether
defendant was not bound by the conditions.

His Honour said that defendant must have a reasonable
time in which to comply with them. The horse was re-
turned by the first train on Monday morning.

Mr. Lamport said that there might be an appeal,

oe
ACTIONS AT LAW. 217

ALLEGATION AS TO AGE IN SALE CATALOGUE—ABSENCE

OF INTENTIONAL MISREPRESENTATION—-ALLEGED BREACH
OF WARRANTY.

At the Newcastle-on-Tyne County Court, Judge Brad-
shaw, in delivering judgment in an action for breach of
warranty of a horse, said: “I reserved my judgment
in this case for further consideration, not that I ever
had any doubts as to what my decision must be, but
because the principle involved undoubtedly has an im-
portance extending far beyond the present case, for it
affects the sale of many hundreds of horses in the course
of the year in Newcastle alone ; and, also, because I wished
to see if I could find any authority for Mr. Joel’s proposition
that a representation in the catalogue of sale by auction
—a description of a horse in such a catalogue—if read out
by the auctioneer at the time of the sale, constitutes a
warranty of the horse in respect of the matters therein
represented or described. The facts, so far as they are
material, are simple enough. The plaintiff sent a horse to
Messrs. King and Gillespie’s establishment for sale in the
usual way at one of their regular auctions. The auctioneer
was Mr. John Riddell. The horse was numbered in the
catalogue of sale Lot 22. The conditions of sale and the
catalogue were put in. Lot 22 is thus described: ‘Cream-
coloured cob, seven years old, about 14.2 hands high ;
quiet to ride and drive, up to a heavy weight. Subject to
V.S. examination prior to sale.’ Lot 22 was knocked down
to the defendant, who gave a cheque for the price, and
removed the cob.

‘“‘ The cheque was stopped before payment, and the cob
was returned to Messrs. Gillespie’s yard on the second day
after the sale on the ground that it did not answer the
warranty given at the time of the sale, the defendant
218 ACTIONS AT LAW.

alleging as the breach that it was not ‘ quiet to ride and
drive,’ nor was it ‘ seven years old.’ In the result, an action
was commenced in the Newcastle District Registry of the
High Court of Justice for the price of the cob, £24 3s. The
action was sent down to be tried before me, with the writ,
without pleadings. In the course of the trial, Mr. Joel
withdrew his defence, so far as related to ‘ quiet to ride and
drive,’ and took his stand upon ‘seven years old.’ He
contended that these words, which the auctioneer admitted
he had read out from the catalogue at the time of putting
up the lot for sale, constituted a warranty that the horse
was seven years old. He called, in support of his conten-
tion, Mr. Elphick and Mr. Hunter, both veterinary surgeons
of experience and repute, who both positively swore from
an examination of the cob’s mouth that it was more than
fifteen years old. On the other hand, the plaintiff swore
that, to the best of his belief, the cob was seven years old.
He stated that he had bought it of one Graham, a horse
dealer, who did not warrant it, but who told him, ¢nter alia,
that he believed it was seven years old. Graham was
called and confirmed this. Both Graham and the plaintiff
swore that it was very difficult, if not impossible, to form a
positive opinion of a horse’s age after six, or at most, eight
years old, from an examination of its mouth ; and I confess
that the contrary opinions, sworn to by Messrs. Elphick
and Hunter, very much surprised me. This evidence
would, of course, be very material if we were dealing with
an admitted warranty. But though it seemed necessary
to refer to it to make the facts intelligible, it is not really
before me. In my view of the case, there is a preliminary
question to be solved. Is an allegation in a catalogue of
sale by auction that a horse is seven years old a warranty
of that fact by the seller, or is it mere description or repre-
sentation ? Now, it is well settled that every statement
as to soundness or other qualities which the seller of a horse
ACTIONS AT LAW. 219

may make at the time of the sale in the course of his dealing,
and before the bargain is completed, is a warranty, if it
appears to have been so intended. That was the law
laid down in the leading case of Pasley v. Freeman (2
Smith, L.C., p. 72), and it is the law now. Mr. Justice
Buller there said : ‘It was rightly held by Holt, C. J., and
has been uniformly adopted ever since, that an affirmation
at the time of a sale is a warranty, provided it appear in
evidence to have been so intended.’ And it has been held
that whether or not a warranty be intended is a fact to be
determined by the jury, upon consideration of all the cir-
cumstances. In Budd v. Fairmanner (8 Bingham, p. 48),
the receipt was in the following words: ‘ Received {10 for
a four-years-old colt, warranted sound in every respect.’
It was held that the warranty was restricted to soundness,
the age being mere matter of representation or description.
Tindal, C. J., there says: ‘A party who makes a simple
representation stands in a very different situation from one
who gives a warranty. For such a representation he will
not be answerable unless it be shown to be false within his
knowledge.’ No doubt, it would be more prudent in cases
of this kind, where it is difficult, or even impossible, to
arrive at certain conclusions, to describe a horse generally
as ‘aged’ instead of particularizing his age ; and it seems
strange that so shrewd a class of persons as horse dealers
are supposed to be do not act upon this. But that they
do not do so is obvious from a cursory inspection of this
particular catalogue, in which, out of forty-two lots of horses
for sale, no less than eleven horses are described as seven,
or eight, or nine years old. But it may be said that Pasley
v. Freeman and Budd v. Fairmanner are purely common
law cases, decided before the Judicature Acts, which give
a contractor the benefit of any equitable doctrine in his
favour. But caveat emptor is as much a rule of equity as
of law. In Snell’s ‘Principles of Equity,’ p. 387, the
220 ACTIONS AT LAW.

learned author, speaking of the relief given by courts of
equity for misrepresentation, says : ‘ The misrepresentation
must not only be in something material, but it must be
something in which the one party places a known trust or
confidence in the other. It must not be a mere matter of
opinion, equally open to both parties for examination and
inquiry, where neither party is presumed to trust the other,
but to rely on his own judgment. But if the purchaser,
choosing to judge for himself, does not avail himself of the
knowledge, or means of knowledge, open to him or his
agents, he cannot be heard to say that he was deceived by
the vendor’s misrepresentations, for the rule is caveat
emptor. Now,I am of opinion that, in the present case,
there was no intentional misrepresentation. I think the
plaintiff believed, and that he had reasonable grounds
for his belief, that the horse was seven years old. I am
further of opinion that the words ‘ Subject to V.S examina-
tion prior to sale’ was intended to enable the purchaser,
and did enable him, to avail himself of skilled professional
assistance, if he thought fit to do so. He seems to have
chosen to judge for himself. He cannot, therefore, now be
heard to say he was deceived, even in a court of equity.
Speaking generally, I have been unable to find any direct
authority for the proposition that a description of a horse,
his age, or qualities, in a catalogue of sale by auction, even
though such description be read out by the auctioneer at
the time of the sale, is a warranty of the thing or quality
so described ; and I am unable to deduce such a proposition
from the cases. In the catalogue of sale before me I observe
that Lot 7 speaks of a bay gelding, ‘ Turko,’ his height, his
qualities as a charger, a hack, a hunter, and otherwise,
and then adds ‘ warranted sound.’ Lots 14, 26, 27 and 28,
mutatis mutandis, are to the same effect, and all have the
words added, ‘warranted sound.’ Referring to these lots,
I asked Mr. Joel whether he would say that the qualities
ACTIONS AT LAW. 221

enumerated, other than soundness, were warranted. And
he argued that they were so, and that soundness was
specially warranted. I cannot agree with him in that
opinion. ‘I find, as a fact, that the parties did not so
intend. This would be sufficient, in my opinion, to give
the plaintiff a verdict. But beyond this, I think the
matter is concluded by the conditions of sale. The sixth
condition has these words: ‘No warranty to be implied
from price or otherwise, or held as granted, unless expressly
agreed to in cases of sale by private contract, or announced
by the auctioneer from the box in sales by auction.’ Itis in
evidence that no such announcement was made by the
auctioneer on the sale of Lot 22. My judgment, there-
fore, is for the plaintiff. I have given my reasons at greater
length than was, perhaps, necessary to determine the
question immediately before me, because the interests of
so many persons are affected by it.”

[NotTE.—The decision in the above case is clearly right.
There was no warranty, but merely a representation.
The conditions in the auctioneers’ catalogue were perfectly
plain, and as such ought to have been sufficient to have
prevented any buyer from being misled as to the warranty
of the animal purchased. Every buyer ought to know that
it is customary for the majority of horse dealers to sell
their animals as seven, eight, or nine years, though they
may be twice or thrice this age.]

Mann v. Stephens.

VETERINARY SURGEON’S CERTIFICATE— ALLEGED NEGLI-
GENCE—LIABILITY OF VETERINARY SURGEON.

At the Penzance County Court, before Mr. Montague
Bere, Q.C., judge, this action was tried in which
William Mann, of St. Buryan, sought to recover £50 from
222 ACTIONS AT LAW.

John Stephens, veterinary surgeon of Penzance, for a
wrongful warranty of a horse. Mr. Wellington Dale was
for the plaintiff, and Mr. Bridgman, of Plymouth, for the
defendant. The plaintiffs case was that in March last,
being about to purchase an entire horse, he asked the
defendant to examine the animal with a view to giving a
certificate as to its condition. It was accordingly examined
on the 19th of March, but as it was then “roaring” and
suffering from an unsound hock, the defendant declined
to pass it, and arranged to see it again at a subsequent date.
The plaintiff particularly asked him to be very careful
about the matter, as he was giving a big price for the horse,
and told him that unless he could give a satisfactory certifi-
cate at the next examination, he must give up all idea of
making the purchase, as it would be too late for the season.
A day was fixed for the next examination, but the defendant
did not attend at the appointed time. On the following
day, however, he told the plaintiff that he had seen the
horse during the night, had found it perfectly sound in
every respect, and that Mr. Mann would have a good bar-
gain in getting it for £80. At the same time, he gave a
certificate that the “‘ horse was well made, and a thoroughly
sound one in wind and limbs, and all other respects.” On
the faith of this certificate the purchase was made, but on
the same evening the plaintiff found that the horse was
a roarer, and was still bad in the wind as on the Ioth of
March.

His Honour : But roaring does not affect the wind. He
must have been galloping very hard for the plaintiff to
have found that out on the same evening.

Mr. Dale went on to say that there was something also
wrong with the hock; and Mr. Mann, noticing the same
defects on the following day, called Mr. Stephens’ attention
to it, and the latter told him to exercise the horse gently.
This was done, but it did not get any better, and when Mr.
ACTIONS AT LAW. 223

Stephens saw it again, he himself pronounced it to be a
roarer. On the 18th of April it was examined by Mr.
Olver, veterinary surgeon, who certified, “I find he is a
roarer, and does not flex his hocks properly; consequently
unsound.” Mr. Olver would also state that he never saw
a worse roarer in his life, and that the horse must have been
a roarer when examined by Mr. Stephens on the 31st of
March.

His Honour : You must prove to me that there was such
gross negligence on Mr. Stephen’s part that any man hold-
ing himself out as an instructed and educated veterinary
surgeon ought to have seen it and discovered it. But the
mere fact that roaring which existed on a particular day,
was certified not to have existed on another day, and
then seems to have been reproduced, would not make me
come to that conclusion.

Mr. Dale: But he undertakes to exercise a reasonable
degree of skill and care.

His Honour: But you must show there was such negli-
gence that no properly educated veterinary surgeon ought
to have overlooked the unsoundness.

Mr. Dale said the question would arise as to what was a
reasonable degree of skill and care. He was in a position
to prove that the mother of this horse was a roarer.

His Honour: That is no use. What on earth the use
of proving that? You must prove that on the roth of
March the horse was a roarer. Mr. Stephens examined
him on the 31st March, and said he was not a roarer at that
time, and you will have to show that on that day the disease
was so apparent as to have made it necessary for an
ordinarily capable veterinary surgeon to have discovered it.

Mr. Dale said he should prove that it was apparent to the
inexperienced eye of the plaintiff when the horse came into
his possession, and in that case it ought to have been
apparent to the defendant.
224. ACTIONS AT LAW.

His Honour pointed out that roaring did not necessarily
prove unsoundness. It had been well laid down by Lord
Ellenborough that if roaring were the cause of such disease,
the existence of which would practically diminish the useful-
ness of the horse, then that roaring caused unsoundness.
But unless that could be proved roaring was not unsound-
ness. In the case of Basset and Collins, decided in 1810,
Lord Ellenborough said : “ It has been held that roaring is
not necessarily unsoundness, and I entirely concur in that
opinion. To prove a breach of warranty the plaintiff must
show not only the existence of roaring, but that the roaring
is symptomatic of disease.”

Mr. Thomas Olver, veterinary surgeon, was then called.
He said that he saw the horse on the 18th of April. He
found that he had a peculiarly stiff action in moving his
hocks. He made a threat to strike him with his stick, when
the horse grunted, and he at once came to the conclusion
that he was a roarer. He then had him out in the
field and galloped him, and this confirmed him in his
opinion.

By His Honour: I cannot tell how long the disease had
existed that caused the roaring. Roaring is not neces-
sarily a thickening of the top of the wind-pipe. There are
various causes that produce it.

His Honour: Are you of opinion that roaring is trans-
mitted from sire or dam to colt or filly ?

Mr. Olver: I have not the slightest doubt about it. I
can prove it.

His Honour: There are people who have doubts.

Mr. Olver: I believe very few educated men in our pro-
fession have the slightest doubt about it.

His Honour : Are all Prince Charlie’s colts roarers ?

Mr. Olver : No, not all of them, but many of them are.

His Honour: Then you do not say it is necessarily here-
ditary ?
ACTIONS AT LAW. 225

Witness: Oh, no. No disease is necessarily hereditary,
but it is undoubtedly hereditary all the same.

By Mr. Dale: The horse roared very badly on the 18th
of April, but I do not say it must necessarily have been a
roarer on the 31st of March. The defect in the hock might
probably pass off again, but I consider any defect of that
kind is unsoundness.

His Honour : Do you go so far as to say that a defect not
likely to injure the horse permanently is unsoundness ?

Yes ; it is unsoundness while it exists. A horse may be
lame to-day and sound to-morrow, but I should not like
to pass it as sound if it were lame to-day.

Mr. Bridgman: Would you be surprised to know that
three veterinary surgeons have seen the horse this morning,
and are prepared to certify that it is perfectly sound in
limb ?

No ; I should not be at all surprised. I will not swear
the horse was necessarily unsound on the 30th of March,
although it was so when I saw it on the 18th of April.
Roaring may be temporary, but in this case I believe it
will be permanent.

His Honour here said he did not wish to stop the case,
and at his suggestion the defendant was called before any
further evidence was taken on the other side.

Mr. Stephens stated that he examined the horse on the
18th of March, and had it galloped, but it was breathing too
quickly, and he declined to pass it on that occasion. It
was coughing, but there was nothing to indicate it was a
roarer. On the 30th of March he saw it, and again exa-
mined and tested it very carefully, adopting all the usual
methods. He adopted more than the usual precautions,
because of the condition of the horse on the first occasion of
his seeing it. He came to the conclusion that the horse
was perfectly sound in wind and limb, and he would swear
that it was so on his second examination. There were

T5
226 ACTIONS AT LAW.

numbers of cases on record in which horses had suddenly
become roarers, and he discovered this one to be a roarer
on the 14th of April. He said unhesitatingly that it
became a roarer between the 30th of March and the r4th
of April.

His Honour then said he had Mr. Stephens examined in
order that the view he had taken early in the case might
be confirmed. For the plaintiff to support this action he
must prove that the defendant acted as no intelligent and
properly educated veterinary surgeon would have done
when he examined the horse on the 30th of March, and that
he did not exercise a reasonable amount of skill and in-
telligence. But at the end of Mr. Olver’s evidence he
came to the conclusion that there was little, if any, evidence
against Mr. Stephens at all. Mr. Stephens has now given
his own account of the transaction, and he had given his
evidence very clearly and straightforwardly. It was
evidence in which implicit confidence could be placed, and
being of opinion that the plaintiff had failed to make out
his case, he gave a verdict of non-suit.

[Note.—This case illustrates the possibility of “‘ roaring ”
being suddenly developed. ]

Hodges v. Jeffries.
WARRANTY.
DISEASE OF THE PASTERN BONES—-ALLEGED UNSOUNDNESS.

This action was tried at the Chipping Norton County
Court, before Judge Harrington.

James Hodges, steward to Lord Sherborne, sued Mr.
Jeffries, horse dealer of Salford, for £18 14s., being the
difference of the price of the horse, and that for which he
was sold (together with the expenses attendant on the
sale and delivery) by auction at the Chipping Norton Fair.
ACTIONS AT LAW. 227

Mr. Malham, Oxford, appeared for the defendant, and
Mr. H. Turner, Birmingham, for Mr. Hodges.

James Hodges, land surveyor and bailiff to Lord Sher-
borne, deposed: I have known the defendant as a horse
dealer for four or five years, and have had dealings with
him. Before Christmas I asked him to look me out a real
good cart horse. I saw the defendant at Sherborne, in
March, and afterwards saw the horse at Mr. Hiron’s farm,
at Salford, near Chipping Norton ; defendant recommended
the horse as being a warranted good horse. I approved of
the horse some four or five days previously to the 29th
March, as far as I could judge. I told the defendant and
Mr. Hirons I should not buy it unless my carter first saw
it. My carter came back, and, in consequence of what he
said, I sent for the horse, and the same evening Mr. Jeffries
came to my house to settle for it. In defendant’s presence
the carter said he was very doubtful about the horse’s
fore-legs. Mr. Jeffries replied that the horse was perfectly
sound. He said: “ You can try him, and if he’s not exact,
you can allow me £2, and [ll take to him again.” We went
into my office, and I settled for it. Defendant, at first,
objected to give a receipt, but I insisted on having one,
which I wrote out and he signed. I worked the horse
about for half-days the first week, with a broad harrow ;
he appeared to work well on the land. On the following
week he was sent to work on the road to draw stones from
Windrush. He worked that afternoon apparently well.
Next morning, in consequence of a communication from
the carter, I went to look at the horse, but found nothing.
I then told the carter to work him carefully the next day,
and on the second load of stones being brought, I observed
that the horse was lame in both legs. After writing a
letter to Mr. Jeffries, complaining of the unsoundness of
the horse, a reply was received from Mr. Jeffries, stating
that the horse was sold to him by Mr. Hirons. The horse

15*
228 ACTIONS AT LAW.

was sent back, and I saw the defendant, to whom I stated
that, in consequence of the lameness of the fore-legs, I
could not keep him. Mr. Jeffries referred me to Mr. Hirons.
I went to Mr. Hirons’ house and took the horse, and asked
the defendant to go with me, to see if he could compromise
the matter, but he told me he was not at home. I went to
Mr. Hirons’ house and waited until he came back. Defen-
dant met Hirons before I saw him. I told Hirons the
horse was not sound, when he said he supposed we had been
messing him about. Both refused to take the horse back,
and, in consequence of that, I took the horse away. I
brought the horse straight to Chipping Norton, and had
him examined by Mr. Irving, and, in consequence of what
Mr. Irving told me, I put the horse out to livery for a fort-
night, and the horse was sold at Chipping Norton market
by public auction.

In answer to Mr. Malham: When I went to look at the
horse, it was ploughing. I said to Mr. Hirons, ‘‘ I suppose
you'll warrant the horse?’ To which Mr. Hirons replied,
“Tt is perfectly sound ; it’s never been off the estate, and
I bred it.” Mr. Hirons refused a warranty, and I said,
“Tf you think the horse is perfectly sound, there’s no need
for a veterinary surgeon.” Before Mr. Hirons said the
horse was perfectly sound, I said I should have Mr. Tombs
to see it. Mr. Hirons did not suggest that the horse should
go to a veterinary surgeon, nor did he say that if the horse
was sound, that it was mine, and, if unsound, it should
remain where it was. The whole of the receipt was written
by me, except the signature. The words ‘“ warranted
sound”? were written before Jeffries signed. Mr. Jeffries
did not ask me to read the receipt ; I read it voluntarily ;
I read over the receipt first, without the words “‘ warranted
sound.” I inserted these words with the consent of the
defendant.

Mr. Peter Irving, veterinary surgeon, Chipping Norton,
ACTIONS AT LAW. 229

said : I was called in by Mr. Hodges to examine the horse
at the Fox Inn. I found he was lame, and, on further
examination, I found a bony deposit round the coronet.
At the present time I consider he has side-bone.  In-
flammation of the cartilage will produce the deposit com-
plained of. Before Mr. Blake purchased the horse for
Mr. Brassey, I did not dissuade him from buying it.

This being the case for the plaintiff,

Mr. Jeffries, the defendant, was called, and said: When
Mr. Hodges came to my house I told him Mr. Hirons had
got a cart horse to part from, and took him over to see
it. He went to Mr. Hirons’ house with me, and we went,
in company with Mr. Hirons, to the team, and before we
got to the team complainant pointed out the horse. Mr.
Hodges asked Mr. Hirons, on the way home, the price of
the horse, to which Mr. Hirons replied, ninety guineas.
Mr. Hirons refused to give a warranty after Mr. Hodges
had told him that the horse would be required for stone
and timber drawing ; but if it was going on to a farm, he
would give a warranty. I proposed having a veterinary
surgeon, and named Mr. Tombs, of Barrington. Mr.
Hirons consented, and said, “If the horse was sound, it
was their horse, but, if not, he was to remain where he
was.” He was to be examined before leaving Mr. Hirons’
farm. I suggested that Mr. Hodges’ carter should see
the horse. On the morning of the rgth Mr. Hodges pur-
chased the horse of Mr. Hirons for ninety guineas. On the
same day I had occasion to go to Mr. Sherborne, when
I called on Mr. Hodges, and paid him for some horses I
had sold for him, and he deducted the £90. I told him I
could not be at the trouble of showing the horse for nothing,
and he paid me ten shillings for my trouble. Before
signing the receipt, he read it, but no mention was made
of the words respecting a warranty. I was never asked
to warrant the horse.
230 ACTIONS AT LAW.

In answer to Mr. Rogers: I believe the words in the
receipt, respecting the warranty, are a forgery. I paid
Mr. Hirons {£94 Ios., and he gave me {4 back. I saw
the blotting paper used directly I had signed the
receipt.

Mr. Hirons: I live at Salford, and am a farmer. The
horse in question I bred ; it was coming four years. I had
not sold the horse to anyone prior to Mr. Hodges coming
to see it. When he came to see it, he asked me what I
should want for the horse. I told him 1 should not sell
him for £80. After I got home he again asked the price,
and ] told him ninety guineas, and he said, “‘ That’s busi-
ness.” I refused to warrant the horse to him, on account
of the nature of the work he was going to put him to ;
if it were going to work on a farm, he would give a war-
ranty. Mr. Jeffries then suggested a veterinary examina-
tion, and Mr. Hodges named Mr. Tombs, whom I expected
would come over. Mr. Jeffries paid me fo90, I having
previously arranged to give him £4 Ios.

Mr. Verney, veterinary surgeon, of Blockley, and Mr.
Perkins, veterinary surgeon, of Worcester, both of whom
had examined the horse that morning, spoke positively as
to the soundness of the horse. There was a congenital
enlargement of the pastern bones, which would not inter-
fere with the horse’s usefulness.

Mr. Andrew Blake said: On 2oth April, I bought the
horse in question for Mr. Brassey for £82. He has been
regularly used on the farm and roads ; he has been a ready,
free worker. I observed no stiffness about his fore-legs.
I was offered £3 on the day for the bargain.

His Honour stated that in the face of the veterinary
evidence and that of Mr. Blake, he must give a verdict for
the defendant. It was not proved to him that the horse
was unsound at the time of sale.

Plaintiff elected to be non-suited.
ACTIONS AT LAW. 231

Messent v. Rea.

WARRANTY—*“ WIND-SUCKING ” UNSOUNDNESS, NOT MERELY
A VICE,

The plaintiff, a gentleman residing in London, sought,
by this action, to recover compensation from a horse dealer
carrying on business in Southwark, in respect of the alleged
unsoundness of a horse which he had purchased from the
defendant, with a warranty, for eighty guineas.

The plaintiff alleged that after he had received the horse
he found that it shied; that it had lop-ears, which were
supported by an artificial arrangement of elastic bands ;
that its teeth were “ bishoped”’ ; that it made “ grimaces”’
and was a ‘“‘wind-sucker,’ and that it suffered from
incipient blindness. The defendant denied that he had
warranted the horse or that it suffered from the alleged
unsoundness.

Mr. Philbrick, Q.C., and Mr. Anderson appeared for the
plaintiff, and Mr. Charles Russell, Q.C., and Mr. Fullerton
represented the defendant.

The following summary of the trial contains the salient
points of the evidence adduced on both sides.

The plaintiff, Mr. Messent, stated in his examination
that the previous June he had complained to defendant of
horses previously purchased of him, and that about the end
of that month the defendant called on him and stated he
had purchased a very nice bay horse, which he could recom-
mend, and that it would make amends for the other
purchases. He could warrant this one; indeed, it was the
best horse he had ever had, and that he would take the
low price of eighty guineas for it. The defendant left the
horse, although the plaintiff demurred, as his stable was
232 ACTIONS AT LAW.

full; but he yielded to the entreaty of the defendant,
and the horse was placed in a neighbour’s stable. The
defendant called on a subsequent occasion to inquire
how the horse suited. The plaintiff said he believed very
well, but he had been away from home, and, therefore,
could not speak for himself, but his groom had not com-
plained. The defendant, when speaking as to the soundness
of the horse, handed the plaintiff a certificate, given by a
Mr. Bignold, veterinary surgeon, in which the latter declared
that the horse was six years old, and that he could not
detect any unsoundness in it.

The plaintiff observed that the certificate bore the date
of February 4th, and, moreover, if he had a horse examined
he always made it a rule to be present and see it done
himself. In reply, the defendant said the animal was all
right and everything he had represented. A few days
afterwards the plaintiff heard the defendant had called
again. So on July 4th he sent a letter, enclosing cheque,
in which he wrote: “I purchase this horse on the distinct
understanding that you warrant him quiet to ride and
drive, and sound ; but with reference to the latter, if you
prefer it, subject to my veterinary surgeon’s examination.”
To this letter no reply came, but in due course the cheque
was returned through the bankers, and was endorsed by
defendant. The plaintiff stated he went away for some
time again, but early in August—about the 12th—he was
driving his horse for the first time to Whetstone, about
eight miles from London, and when near the town the
horse shied, reared, and appeared greatly excited. He
jumped out of the phaeton, discovered the horse was bleeding
at the nose, and very uneasy. He left it at Whetstone for
the night and drove it back next morning. The journey
was very gently performed; he did not hurry it, and his
grooms had previously duly exercised the horse daily with
the others.
ACTIONS AT LAW. 233

When he arrived home he mentioned what had happened
to the groom, who said it might arise from a “ wen” he
had discovered in the neck. He mentioned the matter
on one occasion to Mr. Rea, and also that he found the horse
had a peculiar way of gaping and tossing its head. The
defendant replied that all this was “ freshness,” and that
one of his bits would put matters right.

On the 31st of August the plaintiff consulted Mr. Ward
about one of the grey horses he had previously bought of
the defendant for one hundred guineas, with reference
to its soundness. Mr. Ward had the animal taken to
Mr. Allen’s riding-school, and whilst examining its wind
discovered it was a “whistler.” The plaintiff had sold
this horse to a relative, subject to Mr. Ward’s opinion,
but the purchase was not completed in consequence ;
this horse was also warranted. He requested Mr. Ward
to call next morning and give his opinion on the bay horse.
Mr. Ward came, and as soon as he entered the stable he
said the horse was a confirmed ‘“ wind-sucker,”’ was nearer
nine years old than six, and that if the veterinary surgeon
had stated this animal to be six, the teeth must have
been ‘‘bishoped,” and they appeared to have been
tampered with. The ears he found had been brought
together by elastic bands, they being now lopped. Mr.
Ward left the following certificate :—

“ This is to certify I have this day, by order of Mr.
Messent, carefully examined a bay gelding, aged,
and I pronounce him to be unsound from laryngeal
disease, wind-sucking, and defective vision.

(Signed) Rospert Warp, F.R.C.V.S.”

The plaintiff was told by him that he had better send
the horse away, for it was very likely to be taken seriously
ill from the wind-sucking, particularly if idle in the stable.

Plaintiff wrote to defendant stating the results of both
234 ACTIONS AT LAW.

examinations, asking if the defendant considered it was
right treatment to a customer who had been so lenient,
to sell a horse with his ears tied up, with his teeth
“bishoped,” and a confirmed “ wind-sucker”’ ; but, without
prejudice, offering to defendant the option of sending an
experienced veterinary surgeon to meet the plaintiff and
arrange the matter; otherwise he stated that he would
place the whole thing in the hands ot his solicitors. No
reply was received, but one day the horse was taken
seriously ill during the plaintifi’s absence. Mr. Dollar, jun.,
the usual veterinary attendant on the stud, was called in.
Mr. Ward was called in to consult with Mr. Dollar, and
eventually the horse recovered, and was sold by auction
for twenty guineas at Park Lane Repository, the plaintiff's
loss amounting to £69 gs. 6d. The plaintiff was subjected
to a severe cross-examination by the defendant’s learned
counsel, but his evidence was not shaken.

The grooms stated in evidence that the horse made
“faces” or “ grimaces”’ when it first came; but they did
not know what it was as they had never seen one like
it before. The head groom admitted the defendant had
given him a sovereign, and had promised him {5 if all
went well with the horse. He forgot to tell his master
about his discovery that the ears had been fixed by the
elastic arrangements.

Mr. Robert Ward stated that he was a fellow of the
Royal College of Veterinary Surgeons, of twenty-five
years’ experience, and then in practice in the Harrow
Road as a Consulting Veterinary Surgeon. He said:
On the rst September he went, at plaintiff’s request,
to his stables and examined the horse in question.
Immediately he entered the stable he saw the horse ‘“‘ wind-
sucking,” and asked the grooms if they had noticed it;
they said they had, but did not understand it. Examin-
ing the head, he found peculiar marks at the root of the
ACTIONS AT LAW. 235

ears, and the head groom said they were tied up with
elastic. The eyes were defective, the pupils dilated ;
this was the effect of nervous exhaustion, consequent
on indigestion and digestive derangement from the wind-
sucking. The diseased condition must have been of some
standing—certainly not of a week, but at least a year.
In reply to his lordship, he said he considered wind-
sucking a symptom of disease, and not a vice, as was
erroneously supposed. His theory was that, previous to
the habit, there existed a depraved condition of the digestive
functions ; the animal experienced a continual feeling of
hunger or desire to swallow something; the sympathetic
and pneumogastric nerves became implicated to such an
extent that the act, which should be voluntary, became
involuntary. The habit was quite incurable ; he had never
heard of an instance of cure; the disease increased; a
horse, however slightly affected, would gradually get
worse. It was, in his opinion, decided unsoundness. He
quite agreed with Professor Williams, in his ‘“‘ Text-book
of Veterinary Surgery,” page 503, on crib-biters and wind-
suckers. He was submitted to a rigid cross-examination
by Mr. Charles Russell, Q.C., but the learned counsel
failed to shake his opinion.

Mr. Ward produced a specimen of dentition from a
subject seven years off this year, which should correspond
with the horse’s lower jaw if it was six off last year, as
stated, and he handed the specimen to the jury for them
to compare with the mouth of the horse which was out-
side the court for their inspection.

Mr. Ward said the animal was undoubtedly suffering
from the effects of wind-sucking on the 23rd of September.
The animal was in a tympanitic condition and in great pain ;
the tympanitis was due to the wind-sucking; the pain
was much increased by the chronic inflammatory condition
of the digestive canal, especially the colon. Mr. Dollar
236 ACTIONS AT LAW.

had treated the animal in the usual manner, and was
quite right in applying the embrocation to the sides, if
the hair was removed.

Mr. Thomas Dollar, jun., M.R.C.V.S., said that he and
his father attended plaintiff’s horses. He was called to
the horse on the 22nd September, and found the animal
much distended and in great pain; it was suffering from
tympanitis and colic impaction, caused by wind-sucking,
and was very ill; he thought it would not recover. Mr.
Ward met him in consultation; the horse did recover.
He should consider a wind-sucker like this animal
unsound. The horse would be liable to indigestion and
colic. He knew Professor Williams’ work and agreed with
him in his remarks on the habit, on page 503.

Mr. George Fleming, F.R.C.V.S., said that he had
twenty-five years’ experience ; had listened attentively to
the evidence given by Mr. Ward, and quite coincided with
it. ‘“ Wind-sucking”’ was most undoubtedly unsoundness ;
it would increase, and tend to shorten life—certainly to
impair the animal’s usefulness; and would produce
alterations in the digestive organs, the walls of which
would become thinner ; the digestive functions would also
become impaired. There was no cure; the habit would
continue to increase; rupture of the stomach frequently
occurred. In reply to his lordship, he should not pass
such a horse for the Army under any circumstances ;
indeed, he would not have a horse in his regiment that
was a wind-sucker, as other horses acquired the habit, and
it would therefore be dangerous for them to be allowed
to stand with one so affected. Indigestion would arise
from it; the vision would be affected during acute
tympanitis; the cesophagus would become dilated in time,
and the larynx altered. He quite agreed with the opinion
of Professor Williams in his work, page 503 (paragraphs on
crib-biting and wind-sucking).
ACTIONS AT LAW. 237

His lordship then desired Mr. Fleming to accompany the
jury to view the horse and explain the result of his examina-
tion to them, on behalf of the plaintiff; and Mr. Bignold
was deputed by Mr. Russell to be present on behalf of the
defendant. This concluded the case for the plaintiff.

Mr. Russell, in defence, pleaded the serious consequences
of the result of this trial to the defendant, whom he repre-
sented as a man of long experience as a dealer in horses,
and who had been at one time employed as agent for the
purchase of Government horses. He said he would call
two members of the College, who would prove that the
animal was sound when sold, was sound now, and he
would produce the horse outside the court for the jury’s
inspection.

Mr. Rea, in examination by Mr. Russell, stated he had
been in trade as a dealer many years. He did not warrant
the horse; he knew it was a wind-sucker, but did not
consider that an unsoundness—only a vice or bad habit ;
did not tell the plaintiff it was a wind-sucker. In reply
to his lordship, and in his cross-examination, he said he
bought the horse at Tattersalls’, on February 4th. Mr.
Bignold advised him to buy it, as it was such a nice horse.
Mr. Bignold had known it for some time. He gave thirty-
eight guineas for it; in the yard Mr. Bignold gave him
the certificate produced in court. He paid Mr. Bignold
half a guinea for it. He did not know at the time it was
a wind-sucker, but found it out soon after. He left the
plaintiff to find it out, as he had done; he told plaintiff
the horse was ‘ workably sound.” His lordship here
remarked that a horse, to be sound, must be workable—
did the defendant understand that? Defendant said he
considered a wind-sucker workably sound. His lordship
then read the definition of the term ‘“ unsoundness,”
according to the late learned judge, Baron Parkes. If at
the time of sale the horse has any disease which either
238 ACTIONS AT LAW.

actually “does diminish” the natural usefulness of the
animal so as to make him less capable of work of any de-
scription, or which, in its ordinary progress, will diminish
the natural usefulness of the animal, this is unsoundness ;
or if the horse has, either from disease or accident, under-
gone any alteration of structure that either actually does
at the time, or in its ordinary effects wi, diminish the
natural usefulness of the horse, such horse is unsound.

Defendant admitted receiving the letter and cheque
referred to by plaintiff; the endorsement on the cheque
was his. He did not reply to the letter and took no notice
of the remarks therein. His son fixed the elastic bands
to the ears; he did not tell plaintiff about them, he told
the groom. The horse was seven years off now.

The son of defendant corroborated his father in most
particulars. He knew the horse was a wind-sucker, but
said nothing about it.

The ostler who was with defendant at the time was
called. He said he discovered the horse was a wind-
sucker in about a fortnight; he had driven the horse—he
went well—and considered him a sound horse.

Mr. Samuel Bignold, M.R.C.V.S., said that he remem-
bered examining the horse. The certificate produced was
his ; he did not know the horse was a wind-sucker.

His lordship, referring to the wording of the certificate :
““T do not detect any unsoundness,” asked, ‘‘ Supposing
a horse was blind of one eye—the off, for instance—and
was placed against a wall, the right side to the wall, and if
he was asked by anyone—perhaps myself,” said his lord-
ship, ‘“‘ Do you detect any unsoundness?’ you would
and could say, ‘I do not detect any unsoundness.’ ”

Witness replied it was his custom to word his certificate
thus, or he should always be in a law court.

His lordship replied that it was well for his clients to
understand it.
ACTIONS AT LAW. 239

In cross-examination by Mr. Philbrick, he said he had
known the horse for three years; did not know it was a
wind-sucker until that morning, when Mr. Fleming and the
jury examined it. He still considered it was sound, but
should have stated it was a wind-sucker on his certificate
had he known it. The certificate of the previous March was
his; he did not detect any unsoundness. The defendant re-
quested him to examine the horse again, as it was for sale;
he did not say there was a trial pending. He knew nothing
of this trial at the time, or would not have given the
certificate. In reply to his lordship, he said he bought
the horse for a client, about three years ago, of Mr. Smith,
of Pimlico, and gave, he thought, ninety guineas for it. His
client kept it some time. He then bought it himself, used
it in his practice for about a month. He gave {60 or {65
for it, but could not exactly say ; he sold it to a client for
one hundred and twenty guineas. This client kept the
horse some time—he thought about twelve months. He
went to Australia, sent the horse into Tattersalls’ for sale,
with a reserve of a hundred guineas; it was not sold the
first time ; but when put up for sale again, without reserve,
sold for thirty-eight guineas. Defendant was the pur-
chaser. Never heard the horse was a wind-sucker whilst
in his possession or since. Considered wind-sucking a
vice, like crib-biting; not an unsoundness. He knew Pro-
fessor Williams’ work, and agreed that the description was
right, but it was a bad or extreme case ; he had heard his
lordship read Baron Parkes’ definition of unsoundness, and
admitted wind-sucking did occasion indigestion and colic.
He also admitted that wind-sucking was incurable. He
did not, in this case, consider it an unsoundness. He had
heard the evidence of Mr. Fleming and Mr. Ward, and did
not agree with them that the horse was unsound.

Mr. George Augustus Hall, M.R.C.V.S., said he
examined the horse in question for the present owner,
240 ACTIONS AT LAW.

He gave the certificate produced that the horse was
sound; saw the wind-sucking at once, directly he
entered the stable; did not consider it constituted
unsoundness; the habit was not curable. Had heard the
evidence of Mr. Fleming and Mr. Ward; did not agree
with them that wind-sucking was unsoundness. Knew
Professor Williams’ work produced—it was a text-book ;
agreed with his remarks on crib-biting and wind-sucking,
in paragraph referred to, on page 503, excepting that it
was an unsoundness. Had heard his lordship’s explanation
of the term. Wind-sucking, if bad, did occasion indigestion
and colic, and all disease must have a beginning. Had seen
the horse that morning, and was still of opinion it was
sound.

Mr. Gayton, horse dealer, was the next witness called
by the defendant. He said he bought the horse at Park
Lane Repository for twenty guineas. It was very poor-
looking. He kept it till November, got it into good con-
dition, sent it to Aldridge’s, and sold it for forty-nine
guineas, to a Mr. Fredericks. He knew the horse was a
wind-sucker. Jt worked well, was a nice horse; the
present owner was pleased with it. In reply to his lord-
ship as to whether he considered the horse sound, “ As a
practical man,” he said, “I will speak the truth, my lord.
The horse is perfectly sound, bar the wind-sucking.”

Mr. Fredericks’ groom was the last witness called by
the defendant. He said he drove the horse daily some
thirty or thirty-five miles; it went well. Sometimes he
drove it in the music-hall placard van, and other times in
the carriage. His master was quite pleased with the
horse; and would not take eighty guineas for it now.
When it came home the grooms in the mews said, ‘“ You
will have some trouble with this horse,” for they saw
and heard him wind-sucking; but the horse had never
been ill or out of sorts.
ACTIONS AT LAW. 241

The learned counsel, Mr. Philbrick, remarked that he
must have had but little time to indulge in his habit of
wind-sucking if continually going thirty-five miles a
day.

The court adjourned.

The following day Mr. Fullerton, in the absence of his
learned colleague, addressed the jury for the defendant,
calling their attention to the importance of the case to the
latter, who had been charged with fraudulent practices—
in applying elastic apparatus to the animal’s natural lop-
ears, the bishoping of the teeth, as well as representing the
animal as sound knowing it to be unsound. He admitted
that the animal was a wind-sucker—a patent defect, or
vice—and which the evidence of the professional witnesses
went to show was not an unsoundness. The evidence in
general was most forcibly laid before the jury, and he
begged them to well weigh the position of defendant.

Mr. Philbrick, on behalf of the plaintiff, said that, with
reference to the ears and teeth, or misrepresentation con-
nected therewith, he would pass that over, and confine
himself to facts. The questions he submitted to the jury
were: Did the defendant warrant the horse sound?
And was the horse unsound ? With reference to what was
soundness and unsoundness, his lordship had already
explained this, and he could not add thereto. With
reference to the warranty, there was the letter before
them, and the cheque endorsed ; there was the admission
of defendant that he said the horse was “‘ workably sound,”
-and his lordship had explained that a sound horse must
of necessity be workable—indeed, the question they
had to decide was this: Was the horse a “‘ wind-sucker ”’ ?
This was admitted. Then, was this an unsoundness or
avice? There was no doubt that the opinion of the pro-
fessional men who had been heard was formed after due
consideration.

16
242 ACTIONS AT LAW.

His lordship, in addressing the jury, said the counsel
for the plaintiff had forsaken the first part of the indict-
ment—the charge of fraud—and very properly so; it was
usual thus to bring these cases before the court. The
matter for their consideration was simply this: Did the
defendant warrant? And, if so, was there a breach of
that warranty ? He called their attention to the opinion
on unsoundness he had read, on the authority of the late
Baron Parkes. The question of warranty rested upon the
letter and the cheque, also the evidence of defendant:
that he did say the horse was workably sound, and he
maintained it was so. That ‘“wind-sucking”’ is un-
soundness, as well as a vice, you have the evidence of two
professional gentlemen, who agree with the remarks of
Professor Williams in his text-book. Against this you
have the evidence of the defendant’s two professional
witn sses, who maintain that a “ wind-sucker” is not
necessarily unsound, and who, although they agree with
the general remarks in Williams’ text-book, disagree with
him on the point of unsoundness.

The evidence, his lordship continued, that the horse
did then work, and did not appear to be the worse for
“* wind-sucking,”’ was not the question. It was: Was wind-
sucking unsoundness, according to the meaning of the
term ?

On the question of damages, no damages were sought—
only the amount of loss to the plaintiff between the original
price of eighty guineas and that realised, with the expenses
deducted—namely, {69 gs. 6d.

The jury consulted a few minutes, and returned a verdict
for the plaintiff for the amount claimed.

His lordship certified for full costs.
ACTIONS AT LAW. 243

Holborough v. Fountaine.
BREACH OF WARRANTY—“ SHIVERING’? AN UNSOUNDNESS.

At the Hereford County Court, before His Honour Judge
Harris Lea and a jury, a remitted action was heard in
which Mr. Charles Holborough, of the Commercial Inn,
Commercial Road, Hereford, sued Mr. T. St. George
Fountaine, of Holmer, to recover the sum of £48 tIos.,
being £47 5s. the amount paid on the purchase of a horse,
and {1 5s. expenses incurred through an alleged breach
of contract. Mr. Garrold appeared for plaintiff, and Mr. J.
Corner for defendant.

Mr. Garrold stated, that in the previous August a
man named Evans had agreed to buy some pigs from
Mr. Fountaine, and as he had not the money to pay for
them, he asked Mr. Holborough to go with him and pay
for them. He did so, and the pigs were driven away.
Whilst at Holmer, Mr. Fountaine asked Mr. Holborough
if he did anything in horses, and Mr. Holborough said he
occasionally bought one or two. Mr. Fountaine then
said he had a very good cart horse for sale, and ultimately
plaintiff inspected it. Upon going to back it in the shafts,
he could not do so, as there was no belly-band on. Mr.
Fountaine asked £60 for it, but ultimately accepted forty-
five guineas. Plaintiff asked him for a written warranty,
but he said he never gave one, and asked him to take his
word as a gentleman that it was a good horse. The
horse was delivered the same evening, and plaintiff re-
quested defendant’s man to have the horse shod. It was
taken, and the blacksmith said it was a ‘“‘shiverer.”” That
was a peculiar disease—an infection of the hind legs that
prevented the horse from backing. It was not only an

16*
244 ACTIONS AT LAW,

unsoundness, but an ailment which prevented a horse
being a good worker. Mr. Holborough thereupon sent
the horse back, and went next day to stop the cheque,
but found it cashed. They, therefore, alleged that the
contract was void—first, because the horse was unsound ;
and, secondly, because it was not a good worker.

Plaintiff was called and bore out Mr. Garrold’s opening
statement.

Cross-examined by Mr. Corner, plaintiff said that
defendant stated the horse to be sound, and a good worker,
but when he got it home it was found to be unsound. That
was the breach of warranty he complained of. He did
not allege anything else.

Edward Evans was called. He stated that he saw the
attempt at backing, and heard defendant say that plaintiff.
could take his word for it that the horse was sound and
a good worker. Having had his attention called to the
horse by the blacksmith, he noticed that it had the “ dimmy
shivers.”

Thomas Smith, blacksmith, said he was of opinion the
horse had the shivers.

Mr. S. Beeson, veterinary surgeon, deposed to having
examined the horse. It was subject to shivering. Shiver-
ing was an acute unsoundness.

Mr. Corner asked Mr. Garrold if he imputed fraud ?

Mr. Garrold said he would not be cross-examined.

Mr. Corner submitted that he had no case to answer.
Fraud was not alleged, or, if alleged, not attempted to be
proved. The claim was one for damages for alleged breach
of warranty. Where a specific article was sold, and there
was no term in the contract that the purchaser might
return the article, the purchaser could not return that
article, and he was bound by the warranty given; and his
only remedy was to sell the article and claim for the
difference. He contended that the horse should have
ACTIONS AT LAW. 245

been sold by plaintiff, who should then have brought an
action to recover the difference. He quoted cases.

His Honour overruled the point.

Mr. Corner then opened the case for the defence, con-
tending that everything had been done straightforwardly.

Defendant stated that he had worked the horse for two
years in all gears, and had always found him satisfactory.
Plaintiff had every opportunity of examining the horse.
Plaintiff asked him to have it “ vetted.,”’ which he declined
to do, and said he would take it as it stood. He never
asked for a written warranty, nor did he say he could take
his word as a gentleman that it was sound and a good
worker.

Cross-examined: Mr. Dutton might have told him that
the horse had the shivers. Mr. Prosser had the horse and
returned it. He (defendant) bought the horse at Hanley
Court as a “crabbed ”’ one.

William Mould, waggoner to Sir Joseph Pulley, said he
was formerly waggoner for Mr. Wall, Hanley Court. Whilst
there he broke this horse in. It was an excellent worker.
He never had any difficulty in backing him.

His Honour pointed out that the defendant himself
had practically stated that he bought it knowing it had
the shivers.

Mr. Barling, veterinary surgeon, said he examined the
horse at the request of Mr. Garrold, on behalf of plaintiff,
but was not called by him as a witness. The horse was a
shiverer. It might, however, do good work, although
sometimes with a little inconvenience to itself. In cases
of horse dispute, the animal was always sold, and the
difference sued for.

Cross-examined : The horse was unsound. The disease
of shivering was one that, as a rule, got worse.

Mr. Carless, veterinary surgeon, said he agreed with Mr.
Barling,
246 ACTIONS AT LAW.

Mr. Corner then addressed the jury on the evidence,
maintaining that there had been no misrepresentation, and
Mr. Garrold replied.

The jury found for plaintiff, and a verdict was entered
accordingly.

Watson v. Snarry.

ACTION AGAINST VETERINARY SURGEON FOR NEGLIGENCE IN
PASSING HORSE WITH SPLINT AND SPAVIN AS SOUND—
LIABILITY OF SURGEON.

This case was tried at the Newcastle Assizes, before
Mr. Justice Day.

Mr. Waddy, Q.C., and Mr. Walton, Q.C., were for the
plaintiff; and Mr. Tindal Atkinson, Q.C., and Mr. Cyril
Dodd, Q.C., appeared for the defendant.

The facts of the case were that plaintiff, through his
agent, Richard Gibson, of York, sent a telegram to
defendant to go to Whinflower Hall, near Norton, and
examine a bay gelding belonging to Mr. Charles Johnson.
Defendant went and examined the horse, and sent a
certificate, as directed by the telegram, to plaintiff, to the
effect that, to the best of his judgment, the horse was
sound, but that it had a bony enlargement on the near
fore leg, and also a bony enlargement below the off hock,
which he considered of no consequence. Plaintiff bought
the horse of Mr. Johnson for £165, and it was delivered
on the 5th December. Mr. Snarry examined the horse,
and he heard no more about it till, on the 31st December,
he had a letter from plaintiff’s solicitors, threatening him
with an action for negligence, and stating that the horse
was unsound from a splint on the near fore leg, and
spavins on both hocks. This was followed immediately
by an action against defendant, claiming damages as above
ACTIONS AT LAW. 247

stated. Mr. Snarry made application to the Court to have
the case removed for trial to York, on the ground that it
was a Yorkshire case, arising entirely in Yorkshire. An
order was made by the Master to remove the trial to York,
but this was reversed on appeal to a Judge; hence the trial
at Newcastle.

Mr. Waddy said any man who undertook to perform
a duty to another man practically warranted that he
brought to it sufficient skill, and also sufficient care and
watchfulness, to see that he did it right. Defendant held
himself out to be a competent veterinary, and plaintiff,
placing confidence in him as such, risked his money on
his judgment, skill, and care, with the result, it was
alleged, that it was proved that he either did not know
what he was about, or did not exercise sufficient care.
And plaintiff alleged that, in consequence, he was saddled
with a horse—perhaps he had better say burdened—of
the most disastrous character. He bought a horse, which
was intended for a hunter, but which was scarcely fit tor
a cab horse, and the result was that plaintiff lost his
money.

Plaintiff was called in support of his claim. His evidence
was, that he got the horse on the 5th December, that he
exercised it himself for two or three hours daily on the
Newcastle Town Moor until the 15th December. He
observed nothing wrong until that date, when he
rode it ten miles on the road to Harlow Hill. He then
found it to go lame. He left it at a farm of Mr. Bell’s
there to be schooled as a hunter. It was hunted the next
day, the 16th, and went through a forty minutes’ run. It
pulled up dead lame after the run, and was taken to Mr.
Bell’s, where it remained until the 24th December, with-
out being seen by any veterinary surgeon. It was then
taken to Newcastle, to plaintiff’s stables. On the 26th
December, it was examined by plaintiff’s veterinary surgeon,
248 ACTIONS AT LAW.

Mr. Elphick, and on the 30th by another Newcastle
veterinary, Mr. Hunter. Both certified that the horse
was lame from a splint on the near fore leg, which, they
considered, must have been there at least two months.
On the zoth January the horse was sent to Edinburgh,
and examined by Professors Williams and Whalley at the
Edinburgh Veterinary College, both of whom were called
for plaintiff, and also gave their opinion that the splint
was of old standing. All the four veterinary surgeons
stated that the horse was spavined on both hocks, and
they considered they had been there twelve months.

Mr. Elphick admitted, on cross-examination, that the
horse might yet go sound. Other evidence for plaintiff
consisted of his groom; a friend, Mr. Bell, and his groom,
and their evidence went to show that on the 15th and
16th December the horse became very lame. It was
admitted that the horse was suffering from an extensive
enlargement on the knee of the near fore leg. The horse
was produced and shown to the jury.

For the defence it was admitted that defendant was
employed to give his opinion as to the soundness of the
horse purchased by plaintiff. He pronounced it to be
sound, with an enlargement below the off hock, and an
enlargement below the knee on the near fore leg, which,
to the best of his judgment, were of no consequence. The
horse was not unsound when he examined it, and had no
blemish or fault beyond those mentioned. If there was
any unsoundness, it was not apparent at the time, and was
such that the defendant could not, by the exercise of
ordinary diligence and skill as a veterinary surgeon, have
discovered it ; and the failure to discover it, if there was
failure—which was not admitted—was not negligence on
the part of the defendant. He denied that the purchase
of the animal was effected on his opinion or certificate
as alleged. He was neither asked to give, nor gave, any
ACTIONS AT LAW. 249

opinion as to its being at the time fit to be hunted, nor was
he informed that the plaintiff was considering the purchase
of the horse for that purpose. Mr. Atkinson proceeded
to state that that action meant one of two things—either
that defendant had no skill as a veterinary surgeon; or
that, in the examination of the horse in question, he had
been guilty of carelessness. If the defects spoken of
were in existence on the znd December, they could not
have escaped defendant’s notice. The horse was an
Irish one. Irish horses had coarse hocks, and the
animal in question had coarse hocks, and not spavins.
It was a young horse, and he suggested that the splint
spoken of as having rendered the horse permanently un-
sound was caused by the work it did on reaching New-
castle.

The evidence for the defence was that the horse had
been bought by Mr. Charles Johnson, at Horncastle Fair,
on the previous 13th August. It was an Irish horse, with
coarse hocks, and was passed to Mr. Johnson as sound by
Mr. Howse, of Lincoln, a well-known veterinary surgeon.
Mr. Johnson had the horse in his possession, and trained
and schooled it as a hunter from the 13th August to the
5th December, and it was never lame during that time.
The horse left Malton on the 5th December, sound and
free from blemish, beyond what was mentioned. De-
fendant gave evidence himself in support of this, and also
called Charles Johnson, Joseph Johnson, Walter Tinsley,
a groom, Thomas Buckshaw, the well-known jockey,
Foord P. Newton, horse dealer, and Robert Wilson, of
Settrington, all of whom stated that, on the 5th December,
the horse was perfectly sound and free from the blemishes
complained of. Defendant’s case was also supported by
the evidence of the following veterinary surgeons :
Messrs. Thomas Bowman, of Driffield; J. M. Axe, of
Doncaster; J. R, Peele, of Durham; and Howse, of
250 ACTIONS AT LAW.

Lincoln. The latter had examined it in August, and all of
them had examined it at Newcastle on the 7th February,
and again on the morning of the trial. They had all con-
firmed defendant’s statement that the enlargement on
the near fore leg was a splint and a sprain of recent origin,
and they stated that they had seen, in their experience,
greater enlargements of the same character thrown out
in from seven to twelve days ; that it was not only possible,
but almost certain, that this enlargement had been acquired
and thrown out after the horse had left Malton; and as to
the spavins, they totally denied the existence of them
at the present time, stating that the horse was free in his
hock action, and merely had coarse hocks, like many Irish
horses.

~ The judge having summed up, the jury found a verdict
for plaintiff. His lordship gave judgment accordingly, with
costs against the defendant.
GENERAL INDEX.

 

ACTION, various kinds of, 41.
»  , good, 41.
» + low, 42.
»  , high, 43.
»  , extensive, 45.
»  , confined, 45.
» , precise, 46.
»  , irregular, 46.
Age of horses, 47.
» »general appearances
tive of, 54.
Agents, sale by, 153.
Amaurosis (or paralysis of optic
nerve), 79.
Auctions, horse, 171.

indica-

Back and loins, 113.
Blindness, 80.
Bog-spavin, 124.
Bone-spavin, 116.
Broken wind, 129.
Buying at fairs, 178.

CANKER, 105.

Capped-hock, 120.

Cart horse, 23.

Cataract, 77.

Causes of unsoundness, 74; amau-
rosis, 79; blindness, 80; cata-

ract, 77; contraction of feet,
107; corns, 109; cutting or
brushing, 92; curb, 121; the

eyes, 76; ophthalmia, 76; shy-
ing, 82.
Colour of horses, 60.
Condition of horses, 61.
Contracted feet, 107.
Corns, 109.

Cary, i21,
Cutting or brushing, 92.

DEavers, tricks of, 56.

E.LBow, point of, 88.

External conformation of horse,
1; the arms, 12; the back, 8;
the barrel, 10; cannon, see
shank ; the chest, 6; thecroup,
9; the elbow, 13; the fetlocks,
16; the foot, 17; the fore-limbs,
11; the gaskin, 20; the hind-
limbs, 19; the hocks, 20; the
knee, 14; the loin, 8; the neck,
4; the pasterns, 16; the quarters,
9; the shank (or cannon), 15;
the withers, 6.

Eye, diseases of, 76-82.

Fairs, purchases at, 178.
False quarter, 104.
Fetlock, 97.

Flat sole, 110.

Foot, 99.

Fore-arm, 89.

GENERAL appearances as indica-
tive of age, 59.

General hints relating to buying,
140,

Grunting, 131.

Hackney, the, 31.

Harness horse, the, 31.
Haunch, the, 114.

Hints relating to selling, 146.
Hock, the, 115.
252

Hock, capped, 120.
» sprung, 120.
Horse repositories, 171.

INTERNAL organs, diseases of, 137.

JUGULAR vein, 85.

KERATOMA, 106.
Knee, the, 89.
,, , stiffness of, go.

Loins and back, 113.

MALLENDERS, see Psoriasis.

Market overt, 178.

Marks left by blisters and setons,
86.

Megrims, see Vertigo.

Mouth and tongue, 84.

NAVICULAR disease, 107.

Negligence, damages caused
through, 153.

Nostrils, 82.

OPHTHALMIA, 76.

Optic nerve, paralysis of, see
Amaurosis.

Organs, internal diseases of, 137.

PaSTERNS, 98.
Poll, the, 112.
Ponies, 36.
Psoriasis, 125.
Pulse, 139.

QuaRTER, false, 104.
Quittor, I11.

Recions to be examined for
evidence of disease, 70.

Repositories, sales of horses at,
I.

Respiratory organs,
129.

Ring-bone, 98.

Roaring, 133.

diseases of,

GENERAL INDEX.

SALES by auction, 171.
Sallenders, see Psoriasis.
Sand-crack, 103.
Selling, hints relating to, 146.
Separation of wall of foot, 106.
Sex of horses, 59.
Shivering, 126.
Shoulders, the, 87.

i , slip, 88.
Shire horse, the, 23.
Shying, 82.
Side-bone, 100.
Sole, flat or dropped, rio.
Sore throat, 84.
Spavin, bog, 124.

» , bone, 116.
Speedy-cutting, gt.
Splint, 93.

Sprain of back tendons, 96.
Sprung-hock, 120.

Stifle-joint, 114.

Stringhalt, 125.

Stolen horses, recovery of, 178.
Suffolk horse, the, 28.

Sunday dealings, 181.

TEMPERATURE, 139.

Thorough-pin, 123.

Thrush, 105.

Typical cases relating to sale and
purchase of horses, 193-250.

UNSOUNDNEsS and vice, 189.

VEIN, jugular, 85.
Vertigo, or megrims, 128.
Vice, 65.

WARRANTY, 149.
‘i , breach of, 162.
‘i by agent, 153.
is and representation, 184.
Be and representation
combined, 186.
Wind, broken, 129.
Windgall, 16.
Withers, 112.
INDEX TO ACTIONS AT LAW.

AcE in sale
217.

catalogue, alleged,

Birch-Reynardson v. Tilley, 212.
Bots in stomach of horse, 204.
Breach of warranty, 199, 217.
Broken wind, 193.

FRAUD, 193.
Furness v. Thompson, 193.

““Goop HUNTER,” description as,
212.

Hodges v. Jeffries, 226.
Holborough v. Fountaine, 243.

Liasitiry of veterinary surgeon,
221, 246.

Mann v. Stephens, 221.

Messent v. Rea, 231.

Misrepresentation,
217.

unintentional,

NEGLIGENCE of veterinary surgeon,
221, 246,
Newcastle Case, The, 217.

Palmer v. Cannon, 199.
Pastern-bones, disease of, 226.

SALE, warranty after, 196.
“Shivering,” 243.

“ Shying,” 199.

Soundness, warranty of, 213.

Thomas v. Young, 196.
Turnham v. Paris, 204.

UNSOUNDNESS not vice, 231,
, alleged, 204, 226, 243.
is , concealment of, 193.
Pr at time of sale, 196.

VETERINARY SURGEON, certificate
of, 221.

negligence of,
221, 246.

» ”

WaRRANTY, 204, 226, 231.
er after sale, 196.
“i , breach of, 199, 243.
” » alleged, 217.
Pe of soundness, 212.
Watson v. Snarry, 247.
“ Wind-sucking,”’ 231.
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