Author: Stephen, George Title: The adventures of a gentleman in search of a horse Place of Publication: Philadelphia Copyright Date: 1857 Master Negative Storage Number: MNS# PSt SNPaAg248.10 LAN: eng <2265817> *OCLC* Form:mono 2 lnput:FMD 008 ENT: 990302 TYP: s DT1: 1857 DT2: 035 (OCoLC)40842587 037 PSt SNPaAg248.10 $bPreservation Office, The Pennsylvania State University, Pattee Library, University Park, PA 16802-1805 090 20 Microfilm D344 reel 248.10 $cmc+(service copy, print master, archival master) 100 1 Stephen, George $cSir $d1 794-1 879. 245 14 The adventures of a gentleman in search of a horse $cby Sir George Stephen. 250 [new ed.] 260 Philadelphia $bJ.W. Moore $c1 857. 300 432, 9 p. $bill. $c20 cm. 500 "Reprinted from the last London edition." 500 Includes index. 533 Microfilm $bUniversity Park, Pa. : ScPennsylvania State University $d1999. $e1 microfilm reel ; 35 mm. $f(USAIN state and local literature preservation project. Pennsylvania) $f(Pennsylvania agricultural literature on microfilm). 590 Archival master stored at National Agricultural Library, Beltsville, MD : print master stored at remote facility. 590 This item is temporarily out of the library during the filming process. If you wish to be notified when it returns, please fill out a Personal Reserve slip. The slips are available in the Rare Books Room, in the Microforms Room, and at the Circulation desk. 650 0 Horses. 830 0 USAIN state and local literature preservation project. $pPennsylvania. 830 0 Pennsylvania agricultural literature on microfilm. FILMED WHOLE OR IN PART FROM A COPY BORROWED FROM: STATE LIBRARY OF PENNSYLVANIA THE ADVENTURES or A GENTLEMAN IN SEARCH OF A HORSE. IN OF A gentleman: ^A/f^3YLV SEARCH OF A HOWE. By sir GEORGE STEPHEN. \^- Verbum saplentl :— " A nod is as good as a wink to a blind horse." Trin. CoU. Dub. BrpHnttli from tf)f last lontJon Cbition. PHILADELPHIA : JOHN W. MOORE, No 195 CHESTNUT STREET, ori'OSITB THE 8TATB HOUSE. 1857. PBNN* Itotitt from l^e fublisjer. HRWKT B. ASHMEAD, BOOK AKD JOB PaillTKB, George Streut above Kluveath. Six editions of this work having been publish- ed in England, and the constant orders for its importation in this country, notwithstanding its high price, together with the earnest solicitation -^f many friends, has induced the publisher to i present it in a new form before the American ^ public, fully satisfied that the work will afford ^'^ enough of novelty and interest to amuse, as ^ well as instruct those who may give it a perusal. J. W. MOOHE. Philadelphia, May, 1857. 82224 |rekc to \\}t Si^ Cbition So many friends have stated to me that the anonymous pubUcation of my work deprives it of half its value as a book of reference, that I have been induced to prefix my name to this sixth edition. I never concealed it from any puerile affectation, but simply because I doubt- ed the professional propriety of appearing as an author in such a form. If my clients should hereafter reproach me with the indecorum, I may at least quote the approbation of the pub- lic as an excuse. My readers will perceive that in this edition I have been obliged to resort in many instances to newspaper authority for recent cases. I am Vlll PREFACE. conscious that this is extremely unprofessional; but I have no alternative, as some of the cases have not yet been legally reported. The Times however, is the paper that I have quoted, and much as I differ from its politics, I only ex- press the general opinion when I say that the accuracy of its reports, whatever may be the subject, is extraordinary. I have understood that its law reports are furnished by a gentle- man at the bar ; and therefore, independently of the acknowledged character of the paper, I am satisfied that their general correctness may be trusted. GEORGE STEPHEN. THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. CHAPTER I. Weary of my own weight, I sallied forth one fine morning in January, with fifty guineas in my pocket, bent on finding myself well mounted on a good hackney. It is now the 15th of March, and I am still without a horse, and minus far more than fifty guineas, except a right of action against a dealer, of doubtful solvency. The publication of my adven- tures in this Quixotic expedition, and some former ones of a similar character, may possibly replace a part of my loss ; if not, the next greatest pleasure to benefiting oneself is to do good to others ! I will therefore give my friends the fruits of my horse- dealing experience. My first recourse was, naturally enough, to the 10 THE ADVENTURES OF A GENTLEMAN advertisements of the papers. Cobs, hunters, and hacks, were as plentiful as blackberries in Septem- ber. The difficulty was only where to choose. *' The neatest little cob in London," " the best hack that ever was mounted," " that well-known hunter Tantivy, equal to fifteen stone up to any hounds,'* all offered themselves to my delighted eyes: and away I went, to try them all and buy the best. My reader must excuse me for a little digression, to give him some account of myself, so far as re- gards my equestrian capabilities, otherwise he will not enter, as fully as I could wish, into the merits of my story. Be it known, then, that I ride rather more than twelve stone — have a good seat — never was afraid of a horse in my life — stand about five feet nine inches ; and being still under middle age, I am of course far from indifferent whether I ara well mounted. Such I take to be the average pre- tensions of nineteen out of twenty gentlemen in search of a horse. <» My first adventure was with a Quaker. There are few things in which the Society of FriendB evince their characteristic shrewdness more than in their judgment of horse-flesh. I have a most sin- cere respect for them, both in their collective and IN SEARCH OF A HORSE. 11 individual character. I have long known many of them, and my acquaintance has taught me to value and esteem them ; I therefore approached the owner of the first object of my speculation with much con- fidence. It was a well-bred, gay little gelding, full of life and spirit : and though scarcely high enough for my taste, I approved and purchased him. Friend Joseph was very precise with me. " There is the horse, friend ; my price is thirty guineas.'* "Will you allow me to try him, Sir?" "Thou art a stranger to me, friend; thou mayest injure the animal, and we shall not know who is in fault." " Will you warrant him. Sir ?" " He has always carried me well, friend : I believe him to be sound, but few men are agreed upon what soundness is." 12 THE ADVENTURES OF A GENTLEMAN IN SEAKCH OF A HOKSB. 13 I "Is thirty guineas the lowest price?" "I have asked thee what I believe to be his just value, and I shall take no less." I was satisfied, paid my money, was well pleased with my purchase for three days ; and then disco- vered, what very little reflection might have told me at first, that the Quaker being two stone lighter than myself, and presumably a quiet rider, a horse that would carry him safely, would, in less than a week, break his own knees and endanger my neck ! But I was not deceived ; he was a good horse, though not fit for me. I sold him again, and lost nothing by him. Some time after he was driven a stage of fourteen miles, and kept the lead of a chariot and four, with a new married couple, starting from the church to spend the honeymoon ! 1 dare say that my friends will not have yet forgotten the celerity with which their first relay was ordered out at Can- terbury ; thanks to the speed of my Quaker. I resolved that my second purchase should at all events be strong enough to bear me. I therefore pitched upon a cob; he was, to use the accepted phrase, "built like a castle!" there was "no non- sense about him," most assuredly; but he unluckily moved like a castle ! I have the greatest aversion to a horse that « won't go ;" it is an eternal tr.al of one's temper; many a time has the provocation brought me within an ace of Martin's penalties My "castle" had "no go" at all in him. When I first brought him out of the seller's stable, he seemed as gay as a lark ; but I suppose he had not been used for a twelvemonth ; at the end of a mile all his "pluck" was gone, and my wrath began: my spurs were sharp, but he kicked! A good a^h-st.ck brought him to his senses, and restored the equili- brium ; nay, it did more, it actually compelled a canter, and if my arm only had been in fault, I had still strength enough left, to have coaxed the canter into a gallop; but, alas! when we arrived at that 2* \ » I m THE ADVENTURES OF A GENTLEMAN focus of roads and confusion, Battle-bridge, whether it was that he knew not which course to take, I can- not say, but he paused in his full career so abruptly, that I found myself upon his neck, instead of his back, and had he advanced another yard I should undoubtedly have found my own back on the ground. I decided on my course at once—I walked him to the Veterinary College ; ascertained that his wind was as thick as his carcase, and sold him at Osborn's the next day to "a timid old gentleman," for whom he was "exactly suited." My third attempt was somewhat more promising. A very respectable stable-keeper, with whom I had had former transactions, introduced me to an old hunter of his acquaintance. I must own that I en- tertain great distrust of your hunters converted into hacks ! but the introduction was good ; the horse was gay; and the tout ensemble favorable; he had but one fault, so far as a day's trial could discover. He would neither pass nor be passed, either by stage, omnibus, or hackney-coach! a matter of not the slightoHt consequence in Leicestershire; but rather inconvenient in Oxford street. I was speedily remounted ; nothing is more easy IN SEARCH OF A HORSE. 16 in London. "A charming goer: so docile that a lady might drive him with a pack-thread," found-^e seated on his back within eight and forty hours. His charms were thrown away upon me, and mine were equally powerless with him ; his fault was two- fold— he had neither legs to carry him, nor wind to go ; much less with twelve stone on his back ; and after much solicitation, equally painful on both sides, I discovered, to my chagrin, that he would make an excellent gig-horse, but had an insurmount- able objection to the saddle ! He was sold at the Bazaar to a butcher, who seemed as well satisfied with his purchase, as I was to get rid of him. Another "charming" brute attracted my atten- tion. I am not much of a dandy at any time, but by some confounded ill-luck, I went to the stables on this occasion, in a new coat, new hat, new trowsers, and with as fashionable an exterior as the gloss of a tailor's shop can give. To make matters worse, I wore, what I seldom use, an eye-glass, ^e conse- quence was inevitable. The "sweetest little park horse that ever was crossed" was of course the " very thing I wanted." I thought so too ; but the good nature of the dealer saved my pocket, whatever 16 THE ADVENTURES OF A GENTLEMAN might be his good intentions ; I was allowed to make trial of him. We danced a quadrille together with every gentleman and lady that we met mounted in Hyde Park, and I soon found that the lovely crea- ture was better suited to Almack's than to me. He paisaged away in style by the band of the Guards, till every soldier grinned a salute, and no rhetoric of mine could divert him from his obvious purpose of escorting them to the palace. Once indeed I pre- vailed on him to turn his head, but it was only to passage the other way, with his rump instead of his face to the troops. At last, in sheer desperation, I plunged both spurs in him at once ; he gave a spring that would have cleared a horse and gig, and then IN SEARCH OF A HORSE. 17 fairly bolted ; running "at score" to his stables again ! I would as soon fondle a mad dog as take such another dance with a dandy ! However men may differ as to her doctrines, we all approve of Miss Martineau's synthetical method of reasoning ; I shall with all humilily, follow her example. I conclude my first chapter (it might well be called the chapter of accidents) by advismg my reader before he starts on a similar expedition, to ask himself seriously the question, what sort of a horse be wants? It is a cufious, though an un- doubted truth, that not one man in fifty ever thinks of taking this ordinary precaution. Of course, I do not include professed sportsmen, whether in the field or on the turf: they generally "understand their business," and set to work accordingly ; but there are some hundreds, perhaps thousands, who at the approach of summer must needs buy a horse, and, like myself, consider it much the same thmg as buying a boot-jack ! To answer this question properly, there are many points to be considered : the first essential is for a man to inform himself honesil!/, whether he is a good or bad rider. Sir Walter Scott, with his usual 41 18 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 19 knowledge of human nature, justly remarks that there are few men under twenty who would not feel more ashamed of an imputation against their horse- manship than their morality. The age might be greatly extended ; yet I believe there is not one man in a hundred who can acquire a good seat on horse- back, if he has not been accustomed to the saddle from boyhood. The riding-school may correct a few faults, but it will never make an adult pupil a perfect master of his horse. If a man does not possess this advantage, he cannot do a more foolish thing than to buy a horse at random, merely because it has the outward qualifications that please his eye. I may add too, that even in point of appearance, a bad rider will look more ungraceful upon a spirited, high- mettled horse, however showy, than on an animal of more moderate pretensions, but whose temper is more in accordance with the timidity of his rider. Where, however, a man is less ambitious of show than comfort, he cannot be too careful to ascertain with certainly the extent of his riding powers ; nor need he feel ashamed of asking a dealer's opinion on this point ; for there is not a man in the trade who cannot tell, the instant he is mounted, whether his customer can ride. This preliminary inquiry is of great importance for another reason. An inexperi- enced or timid rider will often throw his horse down by the roughness or carelessness with which he manages his bridle. The paces of a horse are mate- rially affected by the rein : a sudden check or a violent grasp of the curb, will not unfrequently give a tender-mouthed horse such pain, as, to quote the emphatic expression that I once beard from an ostler, to " strike him all of a heap"— the abruptness of the restraint impedes his action, and makes him stumble over his own legs* These hints will be useful to a man who is con- scious of his own deficiency ; but there are other sug- 20 THE ADVENTURES OF A GENTLEMAN gestions that are valuable even to those who have no reason to distrust their horsemanship. There are not many men who are acquainted with their own weiglit with any degree of accuracy ; yet the importance of even a few pounds more or less upon the back of a horse, will be felt immediately by observing the consequences attached to it on the turf ; the difference of four pounds extra weight will always be found materially to affect the betting upon a horse. It is scarcely necessary to remind the reader that his riding weight is always calculated at a stone above his actual weight ; that allowance being usually made for the saddle and bridle. Perhaps there is no single cause that so frequently brings horses down, as their being over-weighted. A dull horse with scarcely a stone more than he is accustomed to bear, will turn sulky and careless ; the rider becomes impatient, and urges him to exertion ; the usual pace of the horse is broken, and a fall is the natural result. Closely allied to this suggestion is another of equal moment — to consider well the nature of the work you require your horse to perform. I shall reserve what I have to say about the choice of horses IN SEARCH OF A HORSE. 31 for draught, for another chapter ; but it is not out of place to notice here a very common error. There is not one horse in fifty that is equally adapted for the saddle and for harness. I once had a galloway that rarely stumbled in harness, though he would not have carried the best rider, of feather weight, half a dozen miles without as many falls. Yet he was perfectly sound, and continued sound for five years that he remained in my possession. To return from this digression; if the object is only a daily ride of half a dozen miles to and from the counting-house, any horse not over-weighted is, if sound, fully equal to the work ; but if the distance materially exceeds ten or twelve miles a-day, it is by no means every horse that can perform it ; more es- pecially if the rider is averse to frequent walking or to a slow pace. Some gentlemen are fond of long rides, and will prefer the saddle to a stage even for a journey of forty or fifty miles. After much observa- tion, I am inclined to think that there are very few horses to be found that are capable of carrying weight, without distress, for more than fifty miles in the course of a day ; or to bear the repetition, even of this, in the course of the same week, without 3 22 THE ADVENTURES OF A GENTLEMAN injury. At all events it is safer to estimate the powers of a horse at a much lower rate, and to con- sider thirty miles a good day's journey ; and two such journeys as a fair week's work. The last hint that I shall offer on this topic, is to decide, in the first instance, the limit in price ; and having settled " the figure," to allow no horse-deal- ing oratory to change the determination. I may observe that a horse, which is really good and exactly adapted to a man's purpose, is dear at no price ; but it by no means follows that because a high price is asked or even refused, that the horse is worth it. Putting hunters and race-horses out of the question, a hundred guineas ought to buy the best hack in England ; three-fourths of that price is more than the value of ninety-nine out of a hundred, with every advantage of strength and action; and fifty guineas should at any time purchase such a horse as a gentlemen need not blush to own ; but it may safely be assumed that all the horses adver- tised for sale at twenty and thirty pounds, are aged, unsound, vicious, or in some way or other un- safe purchases for any man that has a reasonable respect for his own limbs. I have been reproached IN SEARCH OF A HORSE. 28 for this estimate of the value of a good hack. It is considered by the soi-disant knowing ones as savoring too much of the cockney style thus to fix a standard price for an animal whose value is usually supposed to be arbitrary or acciden- tal. To this I reply, that I am speaking of horses as they are found in the London market ; and of prices as they are commonly asked by London dealers: the accidental hits of sporting life are too numerous and also too mystified for my calculation ; they are beyond the doctrine of chances ; but in reference to a market price, I see no reason to retract a word of what I have written ; and though as little of a "Londoner" as a man born in some hem- isphere some four thousand miles from the sound ot Bow-bells can pretend to be, I write for the benefit of " Londoners," not of Meltonians. I have found among these despised " Londoners," during twenty years acquaintance with them, not only some of the most intelligent and most amiable men of their day, but as polished minds as St. James's can produce ; (a doubtful compliment, it must be owned ;) and what may appear yet more extraordinary to the readers of the Sporting Magazine, unless they are familiar with 24 THE ADVENTURES OF A GENTLEMAN, ETC. Nimrod's letters, as bold riders and as accomplished sportsmen as could be found in the Quorn hunt even in its best days. London is not less proverbial for its fine horses than for the beauty of its women and the talents of its men. To return to my subject, — I flatter myself that my reader by this time knows his own mind, and duly appreciates the importance of doing so, before he goes into the market; I will therefore proceed to introduce him to some of my horse-dealing acquain- tance. '• CHAPTER II. It is long Bince I have arrived at the settled con- viction that it is very inexpedient to buy a horse from a gentleman, and downright folly to do so if that gentlemen is your friend. A gentleman will never sell a good horse if he can help it ; if circumstances compel him to part with it, it may reasonably be assumed that the character of the horse is well known in his owner's immediate circle, and that he would never find his way into the public market. Once, and onee only, I broke through this rule, a gentleman had a very beautiful and apparently a very valuable horse to sell. I was acquainted with the horse as well as with his owner. I knew that he had been in his possession for above a year, and I had reason to think that he would not have kept h.m a week if he were not a sound and serviceable 3* 26 THE ADVENTURES OF A GENTLEMAN animal. He was offered to me for fifty guineas ; the price was certainly moderate for a horse of such ex- traordinary appearance, and I promptly and thank- fully accepted the offer. He was brought home in high condition, and I immediately set him to work. For about a week all went on well ; I never was so gaily mounted in my life; I might have sold the horse ten times over for double the money, but I was too well pleased with my bargain. At the expiration of a week my groom began to look crusty, and told me with a very long face that he must be ill, for he refused his corn. I desired him to wash out the manger. " I have. Sir, but it won't do." " Perhaps the corn is musty ?" " It can't be that. Sir, for it only came in yester- day, and he won't touch the hay any more than the oats." I tried him with the sweetest corn I could buy, and every variety of hay, but in vain ; for three days he eat nothing. I sent him to the Veterinary Col- lege: his teeth were found to be sharp, and they were filed down ; no other fault could be discovered ; I took him home again, but feed he would not. I IN SEARCH OF A HORSE. 27 sent him to livery, thinking that my ^tables might possibly be in some way offensive to him. He re- mained at livery a week, and his appetite being quite restored, I had him home again. For two or three days all was right, but then his corn was again neglected, and I sent him a second time to the College to be physicked. In a very few days he returned as ravenous as a hawk, but another week found him in his former state; and at length I guessed at the truth-not that he would not feed, but would not work ! I tried him upon this princi- ple for a week, and then my corn was as palatable to him as my neighbor's. I did not buy him for the pleasure of looking at him, so I sent him to Os- born's; for between friends, warranties of course are out of the question. He was sold in less than an hour for the same money that I had given for him, and he was returned in less than a week for the same reason that I had parted with him. I refused to take him back. " But you warranted him. Sir. "Yes, to be sure I did; I warranted him sound, but not to eat!" To this there was of course no answer, except a reference to the College. He waB 28 THE ADVENTURES OF A GENTLEMAN examined and passed as sound : the purchaser resold him for more than he had given me for him ; and I afterwards learnt that he was sold six times over that summer, and always returned for the same rea- son ! I took an opportunity of asking the gentle- man from whom I bought him, how he had brought him into such good condition ? " Nothing more easy — I fed him for a month on chopped clover, bran, and malt, fermented by a little yeast." This is the way to pickle a horse for a friend ! Soon after the first edition appeared, I had an opportunity of inquiring into the subsequent history of this horse. It is worth mentioning. He con- tinued sickly for several months : towards winter he was sent down into the salt marshes, where he re- mained nearly a year. On being taken up, his stomach had recovered its tone ; he worked well and fed heartily, and ever since he has proved a useful, though not a "lasting" horse. But to resume my narrative. I mounted many a slug and many another dandy before I again ven- tured to buy, and examined at least ten times more than I mounted. The "picture of a horse" was the IN SEARCH OF A HORSE. 29 next that fell to my lot. I wanted something more substantial, it is true; but a "perfect picture" has attractions for every eye, and mine was, of course, captivated. " To be sold, for only half his value, under pecu- liar circumstances, which will be satisfactorily ex- plained, a beautiful gray gelding. For strength and symmetry he stands unrivalled ; he is a perfect pic- ture of a horse, and goes so pleasantly : he is well known in the Surrey. Warranted in every respect. Apply to A. Z.," &c. I found the above description in the columns of the Times, and notwithstanding its elegance of grammar and style, I made all allowances for the education of a Surrey sportsman, and left my card at his stables. There was a something about the look of the stables that I did not like-an indescri- bable negativeness of appearance. There was no groom; he was out, exhibiting his "picture;" there was no key to the door ; there was no manure piled up under the window ; there was no learning any thing about the horse, or the owner, or even the place itself; but then my call was unseasonably early, and though I recollected these matters after- 80 THE ADVENTURES OF A GENTLEMAN ■wards, they made but a faint impression at the time. I went away for an hour or two, and then repeated my visit. The "picture" was produced and exhibit- ed; and certainly he had not been unfairly des- cribed ; he was a fine-looking horse, of great power and spirit ; but why was he sold ? " Master had been unlucky, and was going abroad for the summer." Delicacy of course forbade more minute inquiry ; I cared not whether he absconded to avoid a dun or a halter, provided the horse was sound : the cause of separation was very sufficiently explained, and I soon found that the animal was "well known in the Surrey." Forty guineas was but a moderate figure ; and after less than an hour's trial, I paid the money, stipulated that the saddle and bridle should be thrown into the bargain, and rode him away at a round trot ; afraid of leaving him till my servant might bring him, lest some more active bidder should anticipate me in the interim. We liked each other very well for the first twelve hours ; but, in pursuance of an old habit of mine with a new purchase, I rode my hunter at a smart pace over the stones, both in going and returning to the city, and the next morning he was dead lame ! IN SEARCH OF A HORSE. 31 I had taken no warranty, for where was the value of one from a man confessedly insolvent ? I had no remedy, but for the farrier to make the best of it. He was examined— not a trace of disease appeared ; his shoes were removed, and then we found the marks of an old wound that had no doubt established his fair fame "in the Surrey;" some time or other, though not recently, he had staked his foot. I was well assured that the brute was lame for life, and I sold him to the farrier himself for X15 on specula- tion ! Nothing daunted, I set off once more to examine " a sweet mare got by Tickleback out of Muley's dam, by Fireaway, sire by Cockchafer, Skyscraper, Run-the-rig," and so on; a pedigree as long as her tail. She too belonged to "a gentleman." I was determined to see my " gentleman" this time. A sort of nondescript, half gentleman, half jockey, but with the word rogue as legibly written on his face as if it had been tattooed there, came forward. "Bought her for breeding. Sir; won't do; dropped three fillies running. Sweetest creature that ever was crossed, but won't breed a colt, and she must go »> 32 THE ADVENTURES OF A GENTLEMAN I cared not a sous whether she dropped colts or fillies, so long as she did not drop me. "Do you warrant her, Sir?" "Warrant her ! to be sure : I'll warrant her to fly with you." " Will you warrant her sound ?" " Tickleback sound ! why she's as well known at Tatter sail's as myself! ! !" I was by no means satisfied, but in decency I could press the point no farther ; I liked her looks, and thought the best policy was to assume that his intentions were good. I told him I would send a check by my servant, and would trouble him to send back a receipt with the usual warranty, and left him. In a couple of hours John brought home the mare and the receipt. "How does she go, John?" "Pretty well. Sir." I saw the rascal was drunk, and asked him for the receipt. He fumbled first in this pocket and then in the other, and at last pro- duced an unstamped acknowledgment for the money, but not a word of warranty! The next morning, when sober, he owned that "the gentleman" had given him half a crown, and "the gentleman's" groom had helped him to spend it ! The rest was IN SEARCH OF A HORSE. 33 easily explained; "the gentleman" was gone to Mel- ton or Newmarket instead of Tattersall's— but the mare went there: was certainly "as well known" as I could wish ; it was the only word of truth the fel- low had spoken. She had slipped her hip in foal- ing, and had been sold three times in three months, at an average price of ten pounds! I lost only twenty by her, and thought myself a lucky dog. I had not yet had enough of "gentlemen!" A chestnut horse was advertised for sale at some livery stables of the first respectability. He was ''bond fide the property of a gentleman, but too high-cour- aged for his riding, and parted with for no fault." The advertisement ended here, and the absence of all the usual encomiums persuaded me that the descrip- tion was true. My eye does not often deceive me as to the external pretensions of a horse : the animal in question was beautiful, and his action good. I in- spected and handled him minutely ; I picked up every foot, passed my hand down every leg, and found neither fault nor blemish. I mounted him, and rode him for an hour. I was satisfied, and bought him, taking care this time to obtain my war- ranty myself. For two whole days he did justice to 84 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 85 t'l his owner's representations. On the third day I was too much occupied to ride ; but the following morn- ing I hurried to the stables, resolved to make up for lost time. No sooner was my foot in the stirrup than, with the cunning of a monkey, he raised his near hind foot and shoved the stirrup-iron away. He repeated this fun two or three times ; I tried on the off side, but he was as clever there ! " Off with the saddle, John, we'll try him without :" but the sly rogue was up to me; he crouched like a camel. "Pick up his fore-leg, John." Nor would that do: he reared, broke away from two men who were help- ing, and galloped up the lide. A full hour was spent by me, and every man in the yard, to get across him, but all in vain ; defeated and mortified I returned home, leaving directions to sell him. My warranty did not extend to safety in mounting, I had not been home an hour, before word was brought that he had kicked an ostler and laid him up 1 I was of course bound to indemnify as well as cure the sufferer; and sent the savage brute to Osbom's. The next morning a second groom received a kick that cost me another guinea. I sent him to the hammer as a vicious horse. He was sold for more than he cost, but not until he had sent me a third claimant for compensation ! It was a dealer that bought him, and he certainly found a discipline to cure his vice. He killed him in less than a month ! I waa curious to learn the reason of his extreme docility for the first three days after I had him. By • a fee to some of the understrappers at the stables I soon arrived at the truth. He had been tied up to the rack both day and night for a week before, and never allowed to sleep except standing I enough to tame a tiger, it must be confessed. I lost nothing by him, however, and I gained both a specific for a vicious horse, and a wholesome apprehension of " gentlemen." But I was not yet cured of my pre- THE ADVENTURES OP A GENTLEMAN possessions in favor of my caste. I bought two more horses of " gentlemen :" both were of very amusing character and behaviour. One of these " gentle" animals spilt me at my own door ere I was fairly in the saddle. Expecting anything but a summerset, before I was bond fide mounted, she gave a plunge that made me within five seconds describe a parabolic curve to the ground at her off shoulder ! It was an old trick, but the warranty did not extend to vice ! The other case was that of a mare of noble lineage, bred by an illustrious earl. She carried me fairly enough till we chanced to meet a landau filled with ladies taking their morning drive. I was about to salute them, seeing some acquaintance in the party, and checked her for the purpose* The un- graceful brute threw up her heels, and by way of showing off her rider, as well as her own agility, fairly ran some fifty or a hundred yards exclusively on her fore legs. Her hind ones ascended alter- nately like the stampers in an oil mill ; or, more cor- rectly speaking, her action resembled one of the Harlequin jackanapes that tumble about a fair, con- verting their arms into legs, and walking on their hands, nobody knows how. IN SEARCH OF A HORSE. 37 Half a score of similar misfortunes at length satis- fied me, that gentlemen-dealers are little better than arrant knaves, and I turned my attention elsewhere. ^ I rambled as chance led me into a dealer's stables. Twenty horses were at my service in a moment. One was a noble animal. " WiU you see him out, Sir ?" " By all means ;" and after due preparation he was trotted out in style. His paces were good ; his legs were clean : I tried him by the usual tests, and could find no fault. " Put the saddle on, Tom ; the gemman will try him." I declined the trial, for it was clear from the sweat remaining on his withers that he had just been brought in. " I will call again to-morrow," I replied. 4* 38 THE ADVENTURES OF A GENTLEMAN IN BBARCH OP A HORSE. 39 "At what hour, Sir?" " At nine o'clock," and away I went. I did not altogether like the men ; they looked too knowing ; but I fully meant to keep my word, and I did so ; not, however, without a little precaution. I went to a sharp intelligent ostler, whom I knew I could trust, (not for past, but prospective benefits,) and desired him to meet me at the place exactly at half past eight. I told him to walk through the stables, keep his eye on all that passed, but not to know me when I arrived. He obeyed my instructions to the letter. At nine o'clock, according to appointment, I came. My horse was produced, but to my surprise he was warm and in a sweat, even at that early hour : he was again " trotted out." I asked no questions, and civilly wished them good morning. I inquired of my piquet what he had noticed before my arrival. " He was brought out half an hour before. Sir, with legs like mill-stones. I asked if he was sold, and they told me a gentleman had agreed to buy him. They trotted him up and down the street for a quarter of an hour, just to fine his legs, and were rubbing him down when you came in !" I proceeded to the next stables ; a well-bred little ' horse seemed to correspond with my wishes, and on trial he suited my taste. " What is the figure ?" « Twenty pounds." My suspicions were awakened, but I said nothing. He went freely, and neither stumbled nor shied. I gave him the reins and gal- loped him above a mile, most of it at speed. His wind was good ; he was aged, but showed no symp- toms of over-work. I could not detect unsoundness, and I bought him, warranted. The next day he walked against a brick-wall, and for the first time I discovered that he was blind! yet it was only scientific inspection that could have found even a blemish in his eyes. Blindness is not unsoundness in horse-dealing law, whatever it might be deemed by Sir James Mansfield : I therefore sold him and sus- tained no loss ; on the contrary I gained, as in a former instance, a valuable lesson for nothing. I am selecting the most instructive cases only and therefore pass by scores of other mishaps like this. I ran the gauntlet through Osborn's, Tatter- sail's, and the Bazaar, and between the one and the other learnt that in a horse-dealer's estimation, un- soundness does not and cannot exist— in a farrier's judgment every horse in creation is unsound unless I \ 40 THE ADVENTURES OP A GENTLEMAN the seller is his customer. I went to a very cele- brated place (I dare not mention names,) and after describing my necessities to Mr. H^ , requested him to go round the stables with me. He cheerfully complied. " That chestnut cob is a likely horse. Will you see him out ?'* " Is he warranted ?" " Certainly." " Then trot him out." He blundered at starting ; I held my peace, but examined him narrowly. "He has a thrush, Mr. H ." " Oh no, Sir, nothing of the kind." "But look at him." "I see nothing." "Smell the foot." " 'Tis a little stale, Sir : but a thrush is no un- soundness." A dark bay mare attracted my notice : she was brought out. " She goes tenderly, Mr. H ." " Her feet have not been stopped this day or two: she will go right enough when she is in work." IN SEARCH OP A HORSE. 41 " I doubt it ; I think she has a screw loose." "What's the matter?" I examined her closely, and found one foot con- tracted : I pointed out the defect ; Mr. H was incredulous. " She is as sound as a roach. Sir." " She has not been so long ; there has been vio- lent inflammation within these two months, or that foot would never be so contracted." " There is not a hair's difference between her feet." I took up a straw and measured them ; the differ- ence was nearly half an inch. " Put her in again, the gentleman is no buyer." But I was a buyer, and an anxious one; so I soothed my guide into good humor, and he at length introduced me to a very promising active cob. " That's your horse, Sir ! he is worth any money : put the saddle on, and try him." " Not till I have examined him, you may be sure. What is that grey mark above the knee-joint?" " He got loose a few months ago, and entangled himself in the halter." " The groom, then, deserved a halter : but let me look a little closer." 42 THE ADVENTURES OF A GENTLEMAN I instantly perceived a corresponding mark below the knee, (the usual traces of wearing a knee-cap,) and had him put to his trot. His action was uncommonly high, and this of course led me to minute scrutiny, when I found traces of the speedy cut. "Do you call that unsound, Sir? All horses with good action will cut themselves at times." His patience however was not quite exhausted. The next horse had a splent ; the next a spavin ; a third showed the recent extirpation of a corn ; and a fourth exhibited symptoms of the mange. " Upon my word. Sir, you'll say next that a horse is unsound if one ear is longer than the other ! you won't find a horse here to suit you, I assure you." I thought so too and decamped, yet I believe there were not less than a hundred all warranted or to be returned in a week. I must request my readers to substitute Mr. X.* Y. Z. for M. H , throughout the preceding pages ; for, such is the tenderness of conscience in all the horse-dealing fraternity, that at least a dozen individuals have accused me of meaning them by Mr. n . "A pretty figure you have made of IN SEARCH OP A H0R6B. 4S \ me, Sir," exclaimed the first man I met, after my work came out. "You, my friend! I have not mentioned your name." " Ay, but all the world knows who you mean by Mr. H , and so does my attorney !" The man's name began with a T. A day or two after, while still laboring under the dread of an action for libel, a second self-dubbed hero of my tale favored me with a call. "I am come. Sir, to demand an explanation." " Explanation, Sir ! what in the name of wonder do you mean ? who are you ?" "My name. Sir, is Jenkins. You know it well enough. (I had never heard of the fellow before.) You must publish an apology in the papers, or I'll work it out of you." I immediately saw there was some mistake, and became cool : too cool, for I betrayed an inclination to laugh. " You may laugh. Sir, but you shall come down for it. I never showed you a horse in my life." " Allow me to ask what is the matter ?" " Matter, forsooth ! you know that I was ac- quitted ?" 44 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 45 "Really I have not the honor of knowing any thing about you.'* " Then who is Mr. H ?" The man had been tried for horse-chanting, it came out, under the name of Hall ! As X Y Z are understood to represent the un- known quantities in an equation, the substitution of these convenient initials may save me from various other vexatious innuendoes. To proceed with my narrative : — What could I do next? I employed a man to buy one on commission : — he bought me three : the first was broken- winded ; the second reared, and left me comfortably seated on the ground, providentially falling himself on the other side; the other died within a fortnight, of inflammation ; and at length I began to discover that it was worth the scoundrel's while to be paid a commission on the sale of an un- sound horse, as well as on the purchase of a sound one. I next availed myself of a farrier's kind advice. But how could he do otherwise than hand over his incurable patients to my care ? A country farmer tendered me his services ; he sent me two on trial ; both kissed the cockney pavement in less than a ' > week ; and could I do less than make up their depre- ciated value ? Two kind friends offered to oblige me with cattle of their own. Luckily I had the pru- dence to decline both offers. The glance of an eye told me they were lame ; I civilly regretted that they were not "the sort of horse I wanted;" and both broke their knees within a month ! And now, gentle reader, for my inferences h la Martineau. Whenever you see a horse advertised for sale, avoid him as you would a pestilence. If he is " a sweet goer," depend upon it you will be gent- ly dropped into the sweetest kennel in St. Giles's ; if he is "well suited for a charger," he is sure to charge a hay-stack and a park of artillery with equal determination ; if " he never shies or stum- bles," the chances are three to one that he is stone blind, or cannot quit a walk ; " the best horse in England" is to a certainty the worst in London; when " parted with for no fault," it means that he is sold for a hundred ; if " the reason will be satis- factorily explained," it may be taken for granted that the master has absconded, either for stealing him or robbing his creditors; when "built like a castle," he will move like a church-steeple; if 5 46 THE ADVENTURES OF A GENTLEMAN ** equal to fifteen stone up to the fleetest hounds in England," depend upon it he never saw the tail of a hound in his life ; if he is a " beautiful stepper," you will find that he has the action of a peacock ; if a "liberal trial is allowed," be most especially care- ful : a deposit of half the price, but three times Ms value, will assuredly be required as security for your return ; and finally, whenever you see that he is the "property of a tradesman who wants to exchange for a horse of less value for his business," of "a gentleman who has given up riding from ill-health," or because "he is going abroad," of "a professional man whose avocations call him from town," of "a person of respectability who can be referred to," or of " the executors of a gentleman lately deceased," you may safely swear that he belongs to a syste- matic chanter, who will swindle you both out of herse and money, and involve you in all the trouble, cost, and vexation of an Old Bailey prosecution to boot. I have tried all these fellows: I have ferreted them out in all their holes and corners ; I have run them to earth scores of times ; I have detected them buying a blemished or a stolen horse for ten pounds IN SEARCH OP A HORSE. 47 to-day, and selling it clipped for fifty to-morrow; starving a poor famished wretch without water for a week, that it might drink itself into a dropsy, so as to " show a good barrel" at the next sale-day; or, as you have already seen, subduing by protracted torment, into deceitful quiet, a horse so vicious as to endanger the life of his rider and all around him. Their minor villanies are so numerous as to make description of them impossible ; and in these, aided by their grooms, some self-called "gentlemen" do not disdain to share. I have known men not ashamed to boast of their ingenuity in tricks very nearly allied to swindling — cauterizing the teeth to conceal age, surfeiting a horse with unwholesome food, staining a blemished knee, or clipping a horse just condemned at the college, to prevent recogni- tion. These, and many such rascally devices, I have heard confessed with vanity by young puppies who deserved to have their gentility unrobed at the cart's tail ; yet the confession has been received with envious applause by scamps of the same order, who wanted the address, but not the will, to show their knavery to similar advantage. Horse auctions or commission stables are only one 48 THE ADVENTURES OF A GENTLEMAN P! ( .' degree removed. I have been accustomed to fre- quent them all, and in all I observe the same faces, hear the same coarse jokes, and very frequently recognize the same horses brought to sale half a dozen times in a season. The reason is obvious : these places form the market of the trade, and like all other markets, are frequented by the lowest class both of dealers and customers. The proprietors cannot help it if they would ; but their interest lies the other way. The commission is the same on a good or a bad horse ; but as nine out of ten fall under the latter description, the profit is essentially derived from their sale. Hackney-coach owners, jobbers, hucksters, travellers, butchers, bakers, and all the tradesmen who require light carts for the conveyance of their goods, frequent these places : and to meet the demand of such customers, all the refuse of the field, after the hunting season is over, and all the disabled cattle of the summer stages to Brighton, Southampton, and so forth, when these places are deserted, are here sent to the hammer. Many a horse will do very well for harness that is unsafe for the saddle ; and in fact very few, even of the most showy and "splendid" horses, are broken IN SEARCH OF //HORSE. -'^^~ 49 . OHARr rgh into harness, until they have^ove^ J;he"irTTrability . to carry weight. Two or three friends have entreated me to except various commission stables from this sweeping cen- sure. * I regret that I cannot oblige them. Yet I feel bound to say, that although I have never dealt there, I have frequently been through Mr. Shackel's stables in Oxford street, and have noticed many horses in them of first-rate pretensions ; while the courtesy and professional intelligence of Mr. Shackel himself, have almost made me regret that I had no occasion to avail myself of his services. After many anxious and ingenious experiments, I have arrived at the conclusion that there are but two tolerably secure modes of obtaining a good hack for the saddle. The first, and by far the best, for a man who has time and opportunity, is to visit the breeding coun- ties, Norfolk and Lincolnshire especially, and by introduction to some respectable farmer, to choose for himself. If he distrusts his own judgment, it is not difficult to obtain the assistance of a practical man, if he makes it his interest to serve him ; but as there are few who can afford the time and trouble 6* 50 THE ADVENTURES OF A GENTLEMAN !l which this implies for an object of comparatively trifling importance, the simpler alternative is to trust to the character and judgment of any of our principal dealers. Their stables are usually sup- plied from the country fairs; few of them buy for themselves; they employ agents, who live by the occupation, and whose interest of course is to buy judiciously. Such agents are, for the most part, familiar with the stock of every extensive breeder, and know well what to reject. London dealers of this class are respectable men ; they know and avoid the stigma of unfair play. I have found many of them deceived: I have tried three horses from one stable in the same day, and two have fallen with me ; but the dealer at once dis- covered the cause to be in the horse ; and was, or appeared, sincerely, to be more annoyed at the re- proach he felt to be due for mounting me unsafely, than at the injury his property had sustained. It is as true in horse-dealing, as in any other trade, that constant and permanent success depends on character, as well for honesty (is for judgment. A man may sell a bad horse to advantage, but he knows that, if chargeable with an intention to de- IN SEARCH OF A HORSE. 51 ceive, he is at once classed with the knaves of hig profession ; and regular customers are driven away from his stables for ever. Horses are rarely to be found at these places, cheap, nor is it reasonable to expect it ; for all perishable commodities, and few deserve the epithet more than cattle, are inevitably high-priced. It is better, however, to give sixty or seventy guineas in the first instance, for a good and tried horse, than to buy half a dozen at an average of half the money, with the certainty of losing at least forty per cent, on the sale, exchange, or return of five of them. I feel no impropriety in mentioning the names of some of those dealers whom I have personally found to be safe men ; especially as my work is published anonymously. In the city, I should re- commend Dye, of White Lion street, Spitalfields. I must acknowledge that I have not been fortunate in my purchases from him, but I have always met with very fair dealing at his stables. I have, on two or three occasions, bought very tolerable hacks from Mr. King, on the Surrey side of Southwark bridge ; he understands a horse, and deals fairly. At the west end of the town, I think that Elmore, 52 THE ADVENTURES OF A GENTLEMAN Wimbush, Anderson, Kenrick, and one or two others, whose names I do not at the moment recol- lect, are all to be trusted. From Kenrick, especial- ly, I have met with very liberal treatment ; and I have bought two excellent horses out of his stables. I doubt if he really knew their character when he sold them, though he undoubtedly fully appreciated their value ! I have since re-sold them both, after more than a year's use of them. One became lame, and I was obliged to sell him at a considerable loss without a warranty. The other was sold to advan- tage. I have also purchased horses from Mr. Woodin, of Upper Park Place, and have had good reason to be satisfied with my purchases: his sta- bles are not extensive, but he generally knows where a good nag is to be found, especially for sporting purposes, and is very active and obliging in seeking for them. Some persons in the trade have found great fault with me for thus specifying individuals ; and with natural jealousy have founded upon it an opinion that I know nothing on the subject. To this I reply, that I like to speak of people as I find them, I have either personally, or through my friends, found all IN SEARCH OP A HORSE. 53 these men treat a customer with fairness and hones- ty: I am therefore entitled to presume that such is their general system — for so entirely am I a stranger to them, that though I believe they all know me very well by name, I have not received even the simple acknowledgment of thanks from more than one of them, for the recommendation that I have here given of their stables. I do not, however, blame them for their omission, though it seems a lit- tle ungrateful. My real object, and of that they are probably sensible, is to benefit my readers rather than the trade. Till I find that they treat me ill, I shall continue to expresss the same opinion. The horses of such dealers are generally high-pric- ed, and I have seen many among them which I would not buy at any price; but still I should go with confidence to their stables. My reader must here forgive me for another sug- gestion of a personal nature. To betray distrust is the sure way to be deceived : if you walk into a sta- ble with an air of gratifying curiosity, criticise horses merely to affect a knowledge, and ask for prices as if to contrast them with prices elsewhere, and to feel the market rather than " do business," it t 64 THE ADVENTURES OF A GENTLEMAN ' cannot be expected that you will meet with courtesy or attention ; much less that you will be regarded with honest interest as a customer. Your true-bred citizen, and almost as often, your exquisite of the park, cannot tell a horse from a cow, unless he sees him in a hackney-coach ! Yet even where my previous advice is strictly followed, some little skill in horse-flesh is by no means superfluous. Few of the horse-dealers, even of the most eminent, are scientific men ; they know the merits of their studs by practical experience, but they rarely possess better information. The ignorance of many of them is so great, that I believe they often obtain the credit of lying when they do not deserve it.— Splents, thrushes, windgalls, incipient spavins, and many other minor diseases, are always declared to be " of no consequence whatever ;" coughs in par- ticular are to be found " in every stable in London at this season of the year;" and any attempt to deny these broad positions, or to enlighten the ignorance from which they proceed, is resented as an insulting suspicion, or ridiculed as absurd! I have really been astonished to find how generally uninformed the dealers are in the very elements of veterinary IN SEARCH OF A HORSE. 55 science, and how unwilling they are to receive cor- rection; though this, it must be acknowledged, is the usual characteristic of illiterate men. In fact most of them are better judges of their customers, than they are of their cattle. Such a colloquy as follows, usually begins the negotiation. " I want a horse, Mr. Smith." " I shall be happy to serve you, Sir : will you walk round my yard ?" " I don't wish to give a high price, Mr. Smith." " I have horses of all prices, Sir : is it for the sad- dle or harness?" " I shall use him perhaps for both purposes." This unlucky answer at once stamps the customer; an inferior animal is the first to which his attention is directed — an instant sufiSces to show his preten- sions to practical knowledge. The customer, if very greep, at once walks up to the shoulder to scan his height ; the horse starts at the rude approach of a stranger, and the question is promptly asked, " Is he quiet ?" On receiving a favorable answer, which it would have been wiser, and not quite so green, to have obtained before entering the stall, the customer cocks his chin upon the shoulder, and estimates the height within six or seven inches. i: 56 THE ADVENTURES OF A GENTLEMAN " About sixteen hands, Mr. Smith ?" "No, Sir; not more than fourteen two. Will you see him out ?" Abashed at his mistake the buyer nods assent ; and when the animal is walked out, stares at him as if he was a rhinoceros, looking askance first at one leg, and then at the other. "I'll warrant him sound. Sir." " Are his legs quite right ?" "No better in England, Sir." "He seems to me to stand rather awkwardly;" and then first comes out the reluctant admission— ' " But I am no judge of a horse." Had the same declaration been made frankly at first, no harm would have been done: the dealer would have anticipated a review by the farrier, or, if honest, would spontaneously have suggested a 'trill; but now you are at his mercy. "Run him down the ride, Tom." After gazing at him in silence, as if he had never seen a horse move before, the cockney, for very shame, makes some unmeaning remark. "I think he goes very odd behind, Mr. Smith." "Tis only his way of going, Sir; all young horses are raw in their action." IN SEARCH OP A HORSE. 57 " Are they ? What may be his age ?" and off my gentleman starts with a knowing look to examine the mouth, pulling the bridle, and twisting the jaw as if he would break it, to get a peep inside. The poor animal shrinks from such unwonted scrutiny, and back starts the cockney in dismay. " Does he bite, Mr. Smith, eh?" " No more than you would, Sir." " I am afraid he wont suit me ; have you any other to show me ? I want a quiet animal, for I am not much used to riding." " I shall have a lot in next week, Sir; and," (in a half whisper) "a full-grown jackass among them." There ends the matter — Mr. Dimity walks off in a 6 iV 58 THE ADVENTURES OP A GENTLEMAN dudgeon, and indemnifies himself by boasting of his ' sagacity in " escaping from the fangs of that rascal- ly horse-dealer, Smith, who wanted to palm off a vicious horse upon him, but he was too knowing ;" while Mr. Smith, on the other hand, piously resolvls to " take in the next greenhorn of a man-milliner," out of revenge for the trouble of uselessly showing his stud. Sometimes the affair goes a step further. " I want a horse, Mr. Smith, but I won't go be- yond thirty pounds." " I have one about that figure. Sir." " Figure ! is he well made ?" He is trotted out, admired, and purchased : four- and-twenty hours elapse, and back come the horse and his rider; the one in a towering passion, the other in a foam. " You have treated me in a pretty way, Mr. Smith, but I'll take the law of you, hang me, if I don't." " What's the matter now ?" "Didn't you sell this horse as sound, and make me pay thirty guineas for him ?" " Well, Sir, what then ?" " What then. Sir ! what then ! why look here, look at his knee ! see how he has cut himself!" IN SEARCH OF A HORSE. 59 ** I see nothing ; has he been down ?" "Down, indeed! no, I think I can ride better than that ; but he has a scar as long as my arm." " Then you need not have been so long finding it out. Did you expect for thirty guineas to buy such a horse as that without a blemish ?" " Blemish ! but I'll take the law of you, you rascal you may depend upon it. My first cousin is an attorney, and he will bring the action for love. I'll make you smart for it yet.'* My first cousin, the attorney, if an honest man, tells him he is a fool for his pains ; and if a rogue, makes him pay a hundred pounds to learn that a blemish is no unsoundness ! I have known a yet more unlucky fate; or at least more mortifying. A friend of mine called on me one day in a very sulky mood : he had " been nicely trick- ed ; choused out of fifty pounds by a swindling knave, and got nothing but a lame horse for his money." " Then why not return him ?" " Oh ! the dealer swears he was sound when I took him away yesterday, and what's the use of going to law with those fellows ? they will swear black's white." " Very true ; but let me have a look at him : where does he stand ?" 'i 60 THE ADVENTURES OP A GENTLEMAN ^ " Close hj ; but I hope I've got rid of. him by this time ; I told the ostler to sell him for what he would fetch." "Never mind ; 1*11 take my chance of finding him." And away we went. On reaching the stables, we found the horse was sold and paid for; he had fetched five-and-twenty pounds, and was to be taken away the next morning. For curiosity's sake I beg- ged to see, and he was led out as lame as a d'uck. " Why, Tom," I exclaimed, '* have you had him new shod since yesterday?" " Yes, to be sure ; he had scarcely a shoe to his feet." I sent for the farrier, and with permission, had the shoe removed from the near fore foot, and then replaced. ** Now try him on the stones." He went as soundly as the day he was foaled. One of the nails had been driven a trifle too far, and had touched the quick. I dare say that for some days the foot remained tender, but my friend Tom bought a little experience, though somewhat dearly, for five-and-twenty pounds. I have observed that dealers themselves are not always familiar with their horses' defects. I once IN SEARCH OP A HORSE. 61 bought one in the country; I rode him to town — only a few miles, and he fell ; he was not blemished and I returned him. The man would not believe my story ; he fancied, as they often pretend, that I re- turned him from caprice, and was dissatisfied, I oflfered to keep the horse on one condition — that he should ride with me a mile over the stones at my pace ; if he did not stumble, I would have him. He readily assented; we mounted, and set oflf at a moderate trot. ** There never was a surer-footed horse in England — stones or sward." But scarcely were the words out of his mouth, before the animal gave him the lie direct, blemished his own knees irretrievably, and, as if by way of appropriate rebuke, caused his rider almost to bite his tongue off in the fall ! The horse had a running thrush. 6* CHAPTER III. The few instances which I have given, will suflSce to show the value of a little practical knowledge in examining a horse, however respectable the seller may be. I do not pretend to be myself very scientific in the matter ; and if I were, it would not be easy to convey such knowledge on paper. What they call in the anatomical schools " demonstration," is indis- pensable to scientific knowledge. There are. how- ever some criteria so obvious, and so simple, that any sensible man with a correct eye and a discriminating touch, may apply them. Horse-dealing is perhaps the only subject that contradicts Pope's maxim, " A little knowledge is a dangerous thing." The first point to which I should direct a pur- chaser's attention, is the size and apparent strength of the horse. This is a matter on which every man THE ADVENTURES OF A GENTLEMAN, ETC. 63 who follows my former advice, to consider well what kind of a horse he wants, is more or less competent to judge. I will ofier a preliminary remark which may assist him. A well-bred horse is rarely able to carry much weight if he stands less than fifteen hands and an inch ; a half-bred horse will often carry great weight though he does not exceed fourteen. It is difficult to define exactly the difference in appearance be- tween well-bred and half-bred horses. To the eye it is intelligible at a glance, but it may guide the ob- servation in some measure to notice that there is a general lightness and promise of elasticity about the former, which the latter usually want ; the head is smaller, the crest higher, the mane and tail more silky in their form, the hocks and legs are flatter, or have that character, which the jockeys describe as " clean ;" the root of the tail is better defined, the outline of the hind legs from the hock to the fetlock is perpendicular : the muscles are usually more dis- tinctly developed, and the tendons are more tense to the touch : the feet are smaller, and their pastern joints are commonly longer and more oblique. Their action is yet more distinct ; the high-bred horse does ► -i i\ 64 THE ADVENTURES OF A GENTLEMAN not usually possess high action, and his walk and trot are slower in speed and less brisk in appearance. On the other hand, his canter or gallop is more graceful, more easy, and of course more rapid. His mouth feels more lively or " lighter," as it is termed, to the bridle hand, and there is altogether a vivacity both in ap- pearance and in movement which is seldom found in a half-bred horse ; wholly different however from that bustling kind of activity which may be noticed in a butcher's trotter. If my readers will bear these general remarks in mind when he has an opportunity of comparing different breeds with the eye, I think, that after a few trials, he will be at no loss to form an accurate opinion, even where the difference of breed is not considerable. I have heard people ex- claim, "What breed!" when they see a slovenly- made weedy thing, with long spider-like spindle- shanks, and as lean as a lath. Though a certain de- gree of slimness of make is commonly observed in thorough-bred horses, especially when young, there is no greater mistake than to suppose that this is the invariable concomitant of pure descent. Smolensko was remarkable for the size and power of his limbs : I once measured his leg below the knee with my IN SEARCH OF A HORSE. 65 hands, and it required the span of one hand, aided by a finger of the other, to encircle it. I believe Terrare was yet larger in the bone. When the term thorough-hred is used in its strict acceptation, in reference to the pedigree of a horse, it means, that for five generations back, its purity of blood can be deduced without uncertainty ; and by purity of blood is meant a lineal descent from the Barb, Turk, or Arabian. The pedigree of our cele- brated race-horses being matter of record in the stud- book, it is always suflScient to trace any horse to an ancestor of acknowledged breed, such as Eclipse, Childers, &c., and if this can be done, on the side both of the sire and the dam, no further pedigree is necessary. This brief explanation of the term " tho- rough-bred" is offered to those who are not in the habit of breeding stock ; for I must repeat that my book is not designed for the edification of practical and experienced men. If the object is to get an animal of considerable power and fair speed, and the price must be re- stricted to forty or fifty guineas, I should recom- mend one of the cob make, between fourteen and fifteen hands. If activity and wind are more coveted e6 THE ADVENTURES OP A GENTLEMAN than strength, a horse about three-parts bred, and not under fifteen hands, is more likely to answer the purpose ; but if he is good for any thing, the figure will be at least ten guineas higher. Should an occa- sional day's sport be combined with other views, both height and strength are indispensable, and seventy guineas will be the minimum price. But it is very rare indeed to find one of your " occasional hunters" fit for the field : he may carry well enough over the first two or three fences, or perhaps through a quiet day ; but the chances are ten to one that on second trial he swerves from his leap, or bolts, or breaks down. Hunters are not sold as hacks till they have proved treacherous ; and of all the nui- sances on earth, an unsafe horse after the hounds is the greatest. I once fell in with the hounds pretty well mounted, but on one of these occasional hunters. It was not in human nature to turn away, even if I had known my horse. He bolted, and dashed through a bridle gate at speed ; the post fairly cut off the side of my boot — another half-inch, and I should have struck it flush upon my knee-pan, and of course have been disabled for life ! There is neither heroism nor pleasure in such fool-hardy adventures. IN SEARCH OP A HORSE. 67 But to return to my subject. If in general ap- pearance the horse promises to suit, it is prudent to see him through his paces before you inspect him closely; the opposite course is commonly followed, but I think erroneously. The action of a horse when closely observed, guides to his defective points, and tells us where the scrutiny should be severe. It is very difficult, however, to judge of a horse's action. I once took a valuable mare to the college for examination : I knew she was lame, but where, I was utterly unable to discover; and my perplexity was by no means singular. Not only was I unable to penetrate the cause, but I could not even guess which leg was in fault. Mr. Sewell himself was obliged to examine her closely. About ten or twelve of his pupils were present, and several of them were asked their opinions: each had his own, but none were exactly right, though there were but four legs between which to decide. The fact was that she was lame on every leg, and in consequence her action was pretty uniform. To a certain extent, this is not uncommon. Where both the fore feet are equally tender, the action is destroyed, but it is not uneven, and the limp is con- sequently not perceptible. 68 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. In some horses, defective action is of course far more difficult to discover than the limp occasioned by disease ; but still there are general rules by which the judgment may be guided. I have already notic- ed the usual difference in high-bred and other horses. It follows, that in criticising action, attention must be paid to the breeding of the horse ; but in both classes it may safely be laid down as a maxim, that a bold and decided motion from the shoulder is good, especially if the head is well and evenly carried ; the knee should be fairly bent, the foot placed firmly and fearlessly on the ground, and the toes in a direct line with the body, neither inclining to one side nor the other. The hind legs should be "well gathered" under the body, with the toes fairly raised from the ground, and the hind feet spread pretty accurately in the impress of the fore feet. If they pass beyond, the agreeable accompaniment, vulgarly termed " ham- mer and click," is very likely to be heard ; not when the horse is shown, for there are easy means of pre- venting its being audible, such as allowing the toe of of the hind foot to extend a little over the shoe. — This noise is made by the hind shoe striking against the interior rim of the fore shoe, so that if the horn of the hind foot covers the iron, the collision with 69 the fore shoe remains, but it is inaudible : when the horse has been ridden for a week or two, the- hind toe becomes worn away, and then the iron strikes audibly as usual. If the toes of the hind feet " drag the ground," it is a defect indicative of disease in the hocks ; a drop- ping or irregular carriage of the head is a sure sign of lameness. Very high action is bad— -it is often unpleasant to. the rider; it wears and bruises the feet on hard roads, and it is not unfrequently the cause of the- speedy cut ; the foot striking against the inside of the opposite knee ; this is particularly the case in horses with broad feet and soft heels. Very low action is unsafe, for obvious reasons; the toe has a tendency to strike any accidental elevation of the ground, such as a large stone or frozen rut, and becomes worn almost to the quick ; thus the foot is injured even if the horse is not brought down. Some horses are very apt to turn their feet very much outwards or inwards in their trot ; either de- fect is very unpleasant to the eye, and the latter often unsafe: the former is usually found in slow horses, the other in fast trotters. To judge if such a fault exists, it is prudent to change your position to 11 70 THE ADVENTURES OF A GENTLEMAN the end of the ride, and watch the horse's approach, as well as his passing action. A wide straddling action of the hind legs or the opposite fault, of having the hocks too close, so as to turn the hind feet outwards on the trot, is very un- graceful, and usually implies an uneasy seat. The latter fault is generally described as cow-hocked, be- cause it makes the action resemble that of a cow. It is not uncommon in fast horses, but I am not aware that it indicates unsoundness, though it is commonly said to render a horse more liable tQ spavin and thorough-pin. The ostler and the dealer together, almost always contrive to put the horse to his full trot, when shown. The object of this is to conceal lameness. To examine a horse's action fairly, he should be allowed to walk and trot down the ride quite at his own pace, and with head unrestrained : the pace should not exceed five or six miles an hour : and if you can prevail on the dealer to lay aside the whip (a very difficult matter,) it will greatly facilitate your observation. I need scarcely add that the trial should be repeated on the stones or hard road ; for a horse must be tender-footed indeed to show lame when running down the straw. IN SEARCH OP A HORSE. 71 There is a peculiar appearance about the legs in some instances; it is called by the dealers "groggi- ness." Where the fore leg inclines a little forward at the knee, or is readily bent at the least touch be- hind the knee, it is termed "knuckling." I have seen very young horses show this deformity before they have been backed ; but if, in addition to this, there is a tremulous, tottering motion of the limb, it is a decided proof that the horse has "done his work," whatever may be his age ; he is decidedly "groggy," and should be rejected. It proceeds from relaxation of the sinews, and in young horses may be relieved and perhaps cured, by rest and blis- tering; but still the animal will never be fit for much exertion. There are other points in the action to which a good judge will direct his eye ; such as the carriage of the head and tail, steadiness and uniformity of the trot, and the promptitude with which the check is obeyed ; if he is very particular, he will even see him in the lunge. I am not writing, however, for the professed jockey, but (if there is such an oddity to be found) for the acknowledged ignoramus. When he finds himself qualified to judge of the soundness ■I 72 THE ADVENTURES OF A GENTLEMAN of action, he will not be long before he learns for himself, in what its elegance consists. With one further bint to him, in reference to lame- ness, I shall quit the subject. Be careful to observe if a horse, apparently even free and bold in action, does not occasionally drop ; if a casual halt or a sort of misgiving on any leg is perceived, reject the ani- mal at once ; he will fall almost to a certainty when put to his work. It is diflficult to penetrate the cause of this defect — in some cases it arises from splents, in others from sprains, in many from the re- maining debility of a sinew, that has formerly been strained, and in most, perhaps, from thrush, corns, tender heels, and other affections of the feet. If it is exhibited on the ride, the legs may reasonably be suspected ; if on the stones, the feet are probably bad : but wherever the fault exists, it is a decided fault, and the horse is an unsafe purchase. While I am adverting generally to the selection of a horse, I may allude to one or two other points deserving consideration. In judging of his height, be careful to have him placed on level ground. In the usual way in which horses are shown, purchasers may be deceived to the extent of an inch, or perhaps IN SEARCH OF A HORSB. 78 two ; and that difference is important, not only in reference to his strength, but because it may mate- rially affect his re-sale. Few horses under fifteen hands and a half are eligible for posting, stages, or similar purposes; and though a gentleman buys a horse to keep him, he should never forget the pro- bability of his being speedily obliged to part with him, if a month's trial proves that he does not an- swer his purpose. A due elevation of the shoulder is also considered a desirable point in a saddle-horse. I cannot say that I have ever regarded it as of great importance, but it has undoubtedly "a tendency to prevent the saddle working too far forward, and so far it de- serves attention. I have heard good practical judges attach great value to a rise in the shoulder-blade, as respects the safety of the horse's action. My own experience, however, does not enable me to confirm the truth of the remark, though I have certainly noticed that horses with free action have generally a well-raised shoulder. A man who is not a very timid rider, will act wisely in choosing a high-couraged horse; not one of capricious or irritable temper— that is a very dif- 7* 74 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 75 ferent thing — but, to use a common phrase, a horse of "good pluck," one that is ready "to go," without asking too many inconvenient questions of why and where. I firmly believe that, in many instances, animals of this description, even when unsound, are practically safer than the soundest slugs. Their " courage keeps them up," is quite a proverbial ex- pression among grooms and post-boys, and there is more truth in it than is usually supposed. A high- couraged horse is less sensible of fatigue than those of a tame and quiet temperament. We may judge in some measure by what we daily observe in human nature: a man of sanguine disposition will often endure a degree of bodily fatigue from which men of less mental energy would shrink, though possessed of greater physical strength. I will conclude this chapter with observing that horses having long pasterns, have usually a lumber- ing lolloping action, neither fast nor pleasant; on the other hand, those which have pasterns unusually upright, are stiff and jolting in their motion. Both extremes should be avoided; the former defect is more common in high-bred horses, and the latter is frequently indicative of a disease called the ring- bone, especially if accompanied by high and perpen- dicular heels. Of the two faults, it is considered the most objectionable. CHAPTER IV. After all that has heen said in my former chap- ter, it can scarcely be necessary to caution the reader, that if he is treating with men of whose respectability he is not well assured by previous information, or general repute, he must attentively listen to every syllable that is said by dealer, gentle- man, or groom, and believe nothing, I was one day examining a horse that pleased me much ; but I perceived a blemish over the eye : the hair was slightly turned, and on raising it with my finger I found a scar. " It is of no consequence, Sir ; a rascal that I dis- charged last week, struck him over the head with a fork." " It happened last week, Mr. Brown V* "Yesterday was a week. Sir." " What provoked the man V* THE ADVENTURES OF A GENTLEMAN, ETC. 77 " He was taking the horse to be shod, Sir, and I suppose he would not stand quiet in shoeing." Now there were two little circumstances that made me suspicious of this explanation, independent- ly of the scar not appearing to be quite so recent in date. "Yesterday week" chanced to be on a Sun- day ; so that there was little probability of the horse having been at the blacksmith's to be shod, at the time alleged ; and, about five minutes previously, I had inquired of the ostler how long the horse in the adjoining stall had been in the stables. " He came from the country, from Reading fair, along with the two next him, in the middle of last week." I had no object in irritating my friend, the dealer, by telling him he lied : he knew that well enough, but it would have " hurt his conscience to be found out." I was put on my guard, and had the horse led put a second time for examination, when I dis- covered a blemish on each knee; so slight that it had escaped my eye on my first inspection, but still so unequivocal, that even the dealer's impudence could not deny it. "That rascal of yours, Mr. Brown, must have been a desperate fellow to maul the poor creature over the knees as well as the head !" 78 THE ADVENTURES OP A GENTLEMAN f ^ " Well ; I believe there was a little mishap coming from Reading, but the horse is none the worse for it, I am sure." The man lied still ; the accident was at least three or four months old ; and he had doubtless bought the horse as a blemished horse, to sell him at an unblem- ished price ; but the further investigation would have profited little, either to me or him, so I left him to himself, to chew the cud on his loss of a customer. I was so well satisfied with the horse in other res- pects, that had he frankly told me the truth, and asked a price in proportion to the defect, I should have bought him. In many similar instances, I have been told, with unblushing effrontery, that " he blemished himself in leaping a gate ;" " he got loose last night in the sta- ble, and rubbed the hair off:" "he ran in the dark against a barrow that an old fish-woman had left in the gateway;" to which my reply has uniformly been a philippic against drunken ostlers and careless fish- fags, with regret that such a valuable horse should be spoilt for sale. I recommend equal prudence to my reader ; it will save him from buying a bad horse, and not less from a nuisance only second in degree, a personal squabble with a detected horse-dealer ! IN SEARCH OF A HORSE. T9 It is obviously impossible to explain, to an inex- perienced man, all the symptoms of unsoundness. I do not pretend to understand them myself, though I have had some practice, and am not altogether destitute of anatomical knowledge ; but to make them intelligible by description only, would be hopeless to the most skillful veterinary surgeon. There are, however, some indications of latent disease, so well marked, that any man who has once heard them mentioned, will detect them ; and as my object is not to write a scientific treatise, for which I am not qual- ified, but to offer a few such practical suggestions as a man who has bought a score or two of horses is well able to give, I will state, in popular language, what these indications are. The foot of a horse is the first part to be ex- amined. A well-made foot should, in its external shape, be almost semi-circular, and inclining to the conical form of a beer-tunnel. I must assume that my reader is conversant with the names of the differ- ent parts of the horse's foot ; if not, let him turn into the next farrier's shop that he passes, and five minutes will be advantageously spent in acquiring them. I 80 THE ADVENTURES OF A GENTLEMAN To enable him to receive his lesson with more ad- vantage, I will briefly mention the principal parts of this important organ. The foot is enclosed in a horny case called the hoof. This horny case is termed the crust or wall. It is about half an inch in thickness in the fore part of the foot, and becomes thinner as it recedes. I have already observed that the hoof inclines upwards in the form of a beer-tunnel ; it would be more scien- tific to say that the inclination is, or ought to be, at an angle of 45 degrees with the plane of the shoe. If this angle is materially less, the sole is flat or per- haps convex ; if the angle exceeds 45 degrees, the foot is contracted. Any man may easily accustom his eye to an accurate measurement of the angle, by attentively noticing it in the extension of a pair of compasses. It would be rather green, however, to produce them at Tattersall's or the Bazaar. Where the hoof appears to unite with the skin at the top, or more properly speaking at the root of it, it is called the coronet. The crust here becomes very thin, and at the thinnest, it is called the coro- nary ring. There is a thick fold of skin just above this, which is called the coronary ligament^ not that IN SEARCH OP A HORSE. 81 it is a ligament in the true anatomical sense of the term ; such, however, is its name. The crust of the hoof extends itself towards the heel, and then abruptly curves inwards, in the form delineated below. The ends thus inclining inwards are called the bars ; they are not usually seen ex- cept in faint traces in London horses, for, from a very mistaken and mis- chievous policy of the farrier, whose \J ambition is to give the foot an open appearance at the expense of safety and soundness, they are cut away in paring the foot for the shoe ; and this is what they call " putting the foot in order !" I have scarcely ever seen a horse in a dealer's stables that retained the bars perfect. The frcfg is an elastic horny substance between the bars, occupying about a fourth part of the foot, and in the shape of the letter Y inverted. It will be more clearly understood from a figure. It is also the fashion to reduce and pare away the frog as well as the bars. To do this so far as not to expose it to the first contact with the 8 82 THE ADVENTURES OP A GENTLEMAN IN SEARCH OP A HORSE. 83 ground, when the foot descends, is perhaps judicious ; but nothing is more obvious than that nature in- tended this elastic and hard substance to break the jar of the descending foot, and therefore it ought still, notwithstanding the artificial protection given by the shoe to meet the ground. It should be re- collected that the shoe is only an aid to the firmness and durability of the crust, and instead of contribu- ting to the elasticity of the tread, has a tendency directly the reverse, and so far, injurious. Instead, therefore, of removing any of those parts which are intended by nature to soften and diminish the jar of violent action, it should be our study to preserve them, as far as is consistent with the neces- sary defence of the crust. It follows, that the frog ought to be allowed to project so far as to meet the ground when the foot expands, though not €0 low as to be the first part to come in contact with it. That part of the external foot which has a plane surface, and extends from the frog to the crust, is called the sole. This, too, is horny and elastic. In a healthy foot it ought to be somewhat concave : and this form should be maintained as much as possible, in preparing the foot for the shoe. The heeU constitute the posterior part of the foot. in which the two branches of the frog terminate, and are also elastic and of a horny consistency. The purchaser will, by aid of this little preliminary explanation, be very well able to understand the practical demonstration which I have advised him to seek from the farrier : and here I shall drop the des- cription. As he may often hear of the coffin, pastern, and navicular bones, it is expedient to add that the first is a triangular-shaped bone that occu- pies the interior of the foot, in a position correspond- ing with the inclination of the hoof ; the smaller pas- tern is a bone directly above it, and articulating into its upper surface ; and the navicular bone is a small bone which lies behind the articulation of the coffin and smaller pastern, and assists in forming what is called the coffin-joint. Their -relative position in the foot may be collected from this figure, but it is I 84 THE ADVBNTdRES OF A GENTLEMAN hopeless to convey a correct idea of them without the aid of a preparation ; and almost every veterinary surgeon will give a more accurate knowledge of them in five minutes, by the assistance of his speci- mens, than the most elaborate written explanation can effect. To complete this general description of the foot, it only remains to notice that, between the surface of the coffin bone and the interior surface of the crust, there are an immense number of horny laminae, of a cartilaginous nature, radiating from the base of the hoof towards the coronet, the object of which is to contribute to the elasticity of the tread ; so anxiously has nature provided in every part of this useful animal, to adjust his physical structure to that severe and peculiar exertion which is required by the labor to which he is subjected. The remark which I have already made on this point cannot be too strongly impressed on the mind ; that this excess of precau- tion in the natural arrangement of the foot, to guard it against the jar of violent concussion, should guide the farrier to observe it as a principle in shoeing that its elasticity is to be preserved to the utmost extent possible, consistently with the protection which the iron is intended to give to the crust. IN SEARCH OF A HORSE. 85 An easy mode of preserving the elasticity, is by allowing a small space to remain between the shoe and the quarters, or that part of the hoof where the bars begin ; the separation between the iron and the hoof at this point, should not be less than the eighth of an inch. When the fiorse is shod in thisjmanner, it is easy to observe the elastic character of the foot. When the foot is on the ground, no space will be per- ceptible ; the expansion of the foot will be such that the iron will appear in close contact with the hoof: when, however, the foot is raised the space will be- come visible ; and it will be found that this cannot proceed from the shoe lodging itself in the hoof by the pressure ; for if this were the reason, the iron would become bent, and remain lodged after the foot left the ground. It is not that the iron plate is pressed into the foot, but the elasticity of the foot makes it descend to the iron. A skilful smith will always fasten on the shoes upon this principle. Practically, many of them understand it, for you frequently hear them explain accidental lameness by saying that the shoe has been put on " too tight :** the operation, however, of this " tight" shoeing, in impeding the elasticity of the tread, and thereby oc- 8* 86 THE ADVENTURES OF A GENTLEMAN 'I. casioning inflammatory action, and consequent ten- derness and contraction, is understood by very few smiths, and too little regarded by many veterinary surgeons. I believe that Mr. Woodin, to whom I have occasion to refer elsewhere as a veterinarian of great skill, was the first to suggest this method of shoeing, and the illustration it affords of the elasticity of the foot. I received it from the late Professor Coleman ; but I have since understood that the credit is due to Woodin, and I gladly take this opportunity of acknowledging many useful hints with which he has favored me. I will now proceed to those marked and visible defects of which any man of common understanding may easily make himself a competent judge ; at least to such an extent as may guard him from gross imposition. If it appears that towards the heels, the semi-cir- cular line becomes suddenly straight, and the sides of the foot abruptly approach each other, it may be inferred that the heels are contracted. In these cases the natural position of the foot is partially changed ; the hoof becomes more upright, the sole of the foot descends, and the horse is commonly called IN SEARCH OF A HORSE. 87 H'l " foundered." This is a very common, and yet a serious defect ; it usually arises from bad shoeing and severe work ; but I profess not to explain the disease, or the extent to which it admits either of cure or relief. Those who are interested or curious in such pathology, must refer to Professor Sewell. I may add, however, that although a contracted foot is indicative of past disease, it by no means follows that it is unsoundness,, or incapacitates a horse from work. It is most common in high-bred horses ; per- haps because in proportion to the general lightness and activity of the horse, the elasticity of the foot is more perfect, and therefore more easily deranged by careless shoeing, and neglect of the principles that I have just noticed. The best way of judging whether there is any mal- formation of the feet, either natural, or in conse- quence of disease, is to front the horse, and compare the two feet together. Any difference of size or shape is thus easily detected ; and if that difference is so great as to be readily apparent to the eye, there is little doubt that disease exists or has existed. — Where the eye cannot at once- detect it, it is best to take up a straw, aud ascertain by actual measure- 88 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 89 ment across the heels, whether the feet corres- pond. The fore feet are rather larger in a well-formed horse than the hind feet. If a purchaser is very particular, this circumstance may assist his observa- tion ; should he find a material difference in the size, the hind feet being the largest, he may safely infer that the animal is unsound, or likely to become so, from malformation. ^ The purchaser should carefully notice any crack in tlie hoof; a fissure descending from the coronet towards the toes, is always a serious defect, and gen- erally produces lameness. Any cracks imply a brit- tle and dry hoof, and, of course, a tendency to lame- ness. It is not very easy without minute scrutiny, to discover a sand crack, where an attempt is made to conceal it : a month's run in marshy grounds will often make it close up, till the horse . is again brought to his work on the hard road ; and it is not difficult to cover the interstice superficially with tar and tallow, so as to hide it from a common observer. Any shining, oily appearance about the hoofs should immediately awaken a suspicion of the existence of cracks. A prominent ring round the hoof, has been fre- quently mentioned to me as a symptom of recent in- flammation 'y^ but I believe it to be a fallacious one ; for I have often noticed such marks in my own horses, when I have had them long enough for the entire hoof to have become renewed from the coro- net, and yet they have never been in the least degree lame. Where, however, the outward line of the hoof marking its inclination to the plane of the shoe is irregular, instead of being perfectly straight, ^ as I have attempted to describe in this y'. / profile, it marks what is called a "shel- * ' " ly" foot, from its resemblance to the uneven surface of an oyster shell, and this is de- cidedly bad. The sole of the foot should be subjected to still closer examination. In its healthy and natural state it is inclined to be concave ; whenever it is found to be flat, and still more if any convexity is apparent, the purchaser may safely conclude that the horse is either lame or will soon become so : I should con- sider a fault of this kind quite conclusive. A want of substance in the heel is a usual accompaniment of a convex foot. 90 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 91 vl i The frog of the foot should be firmly pressed be- tween the finger and thumb : if any white matter flows from it, there is a thrush ; and tl^is denotes a tenderness of the foot. It often exists without visi- ble lameness ; but a sharp stone will bring the horse down. It is the more important to be particular in observing the existence of a thrush, because I know that a difference of opinion prevails among farriers whether it amounts to unsoundness: of course it would be hazardous in such a case to rely upon a warranty. The flow of matter is easily checked by the application of a little sulphuric acid; and then the existence of the disease, if such it be considered, is not discovered by the eye ; but if the foot has a fetid smell, it is probable that the frog is rotten, and by this means the purchaser may still be put upon his guard. It is comparatively of little consequence when a thrush is found only in the hind feet. A corn is another disease not to be detected by a superficial observer, unless it happens that the part affected has been recently cut away to relieve the pain. This part is usually at the corner of the heel, on the inside, just at the point where the shoe termi- nates. It is, in fact, a bruise of the sole of the foot. Occasioned by the undue pressure of the shoe ; and though it admits of partial relief by cutting away the affected part, that relief is rarely permanent. If the foot appears to have been cut unusually deep at the angle, where the shoe meets the inside heel, or if there is any peculiarity in the shoeing at that part, the purchaser may infer that "it is not all right." These are the ordinary diseases of the foot, per- ceptible more or less to every eye ; but I am far from supposing that I have described all to which that important organ is subject. Tenderness and even lameness, are constantly to be found where not one of these diagnostics is perceptible. Sometimes the sole is extremely thin, and the foot is bruised, where no symptom can be discovered without grad- ually paring away the horny substance. If, how- ever, none of the indications which I have here mentioned are visible, nor any marks of bruise about the coronet, and if the horse's action is firm and bold, it may be fairly assumed that the foot is in a sound state. I should have observed before, that a dark hoof is preferable to a white one ; the latter is more porous in its structure, and more liable to become dry and ■f 92 THE ADVENTURES OP A GENTLEMAN brittle. This is easily demonstrated by soaking two hoofs of opposite colors and equal weight, in water : the white hoof will become heavier than the other when saturated with water, and will become dry again far sooner. It is also quite notorious among farriers, that when a horse is lame, having one foot white and the other black, the disease is generally found in the white foot. So common is this prepos- session against white feet, that I have known instan- ces of the hoof being stained by chanters; but while I admit that a preference is due to the dark hoof, I cannot say that I would reject a horse for the want of it. CHAPTER \ . Strains of the fetlock joint are almost invariably productive of such decided lameness, that even the knavery of a professed horse-chanter is at fault to hide it. Sometimes, however, partial cures have been eflfected, though not to that degree that the horse becomes safe for the saddle, or qualified for severe work, even in harness. I believe that the disease consists in the fracture of a small ligament ; but neither the cause nor the cure of it is my present inquiry, but what perceptible traces of it may be ex- pected. If the horse does not show lame, I know of no other test by which to try him than the compara- tive size of his two legs at this joint ; and, as it must be a well practised eye that can discover a differ- ence, unless too conspicuous to allow the horse to be offered as sound, there is no other course than mea- suring the joints with a straw, as I before recom- 9 94 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 95 -J ,. • ' ii mended, to test the equality of the feet. A customer must be prepared for a little coarse raillery, if he ventures on these hypercritical precautions : the only way to receive it is with good humor, and, if genius permits, with a repartee that may throw back the laugh. One day my suspicion was awakened by a circum- stance of this nature. Some other gentlemen were looking at the stables, and two of them at the very horse I was minutely measuring. They ap- peared to be a couple of school-boys just escaped from Eton, or perhaps freshmen who had spent a term at Cambridge. I have, I trust, long acquired the lesson of not being quizzed out of my common sense. The dealer was obviously speculating on a purchaser in one of those youths, and seemed nettled at my narrow scrutiny, which threatened to disappoint his designs. " Tom," he said to his ostler, "go to the tailor's, and borrow his measure and shears for the gentle- man. i> "And stop at the saddler's on your way, Tom, and buy a halter for your master !" The retort told, coarse and trite as it was, and I was allowed to finish my scrutiny in peace. I detected no serious enlargement of the joint, but- I found a scar behind the pastern, just under the fetlock, which implied that the horse had been "nerved;" and the man admitted it; but I must honestly confess that I had been unable to discover it by his action ; and it was for this reason, perhaps, that he had counted upon me as a fair subject of ridicule. The examination of the leg and back sinews, is a very important branch of a purchaser's duty, and generally far less difficult to perform success- fully than either that of the foot or the fetlock joint. Permanent injury to the leg is not easily concealed. M 96 THE ADVENTURES OP A GENTLEMAN Before I advert to enlargement of the sinews, I will allude to a complaint called wind-galls, often found just above the fetlock : they rather disfigure than lame a horse, though when they attain a large size, they are injurious ; they are occasioned by an excessive secretion of the synovial matter supplied for lubricating the joint. They are pre- cisely the same in character as the swelling of the bursa mucosa below the knee-pan in the human subject; a soft, elastic enlargement of the gland, to which house-maids and char-women, accustomed to clean floors while kneeling, are particularly liable. The purchaser will at once discover them, not only by the eye, but by the peculiar pulpy feel that is found on pressure. Where he finds this defect, he may consider the horse unfit for severe work, for he has already done too much, but not necessarily unsound. I have lately pur- chased a mare which is subject to this complaint ; her hind legs are remarkably "puffed." I have had her in regular work for about six months, and I find that she is scarcely able to carry weight in the saddle, though she has no other symptom of disease. She goes very safely, however, in harness. IN SEARCH OF A HORSE. 97 but occasionally drops behind, as if from debility. I do not consider wind-galls to be any serious objec- tion to a draught horse. A strain of the back sinews, (which I may ex- plain to the unscientific reader, are the tendons of those muscles that are attached to the arm of the leg, between the knee and the shoulder,) is an injury of common occurrence : the outward symp- tom of it is enlargement and tenderness. It is not difficult to discover this, even when the eye is unable to perceive any swelling. We cannot assist our scrutiny in this case by actual measure- ment, because the flat shape of the leg, and the deep position of the injured part, may allow of considerable enlargement, without any material difference in the circumference of the healthy and unsound limb ; but the feel of the tendon is too peculiar to leave room for doubt. In the sound limb, the tendon is well defined, perfectly distinct, and has a tense, hard character, that resembles the touch of a cord tightly strung. In the un- sound leg, instead of the distinct perception of a hard, ropy substance, the tendon is traced by the finger with difficulty; it is not easy to distinguish 9* 98 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 99 V III in II it from the integuments that surround it. Though, strictly speaking, the limbs do not correspond either in structure or position, it is not incorrect to say, that the tendon Achilles, in the human frame, conveys an apposite idea both of the character and use of the back sinew in the fore leg of a horse ; at all events, a man who wishes to inform himself of the peculiar feel of a sound and healthy sinew, cannot do it better than by examining with his finger and thumb, the hard, firm nature of that tendon in himself. If, in passing his hand down both the legs, he is conscious of essential and marked difference between them, he may conclude that the horse is unsound. Another defect of common occurrence in horses, is splents. These are very often perceptible to the eye, and almost always to the touch. Dealers and every-day farriers call every indurated swell- ing below the knee of a horse, a splent. I have never been able to inform myself exactly what is the true definition of a genuine splent. I have received different explanations from almost every veterinary surgeon that I have asked ; but Professor Sewell-— (whose name I do not like to mention. without testifying to the courtesy and scientific intelligepce with which he has uniformly answered every inquiry I have had occasion to make of him, though I am scarcely entitled to call him an acquaintance) — once showed me a specimen of a double splent, from the collection of preparations in the college. The bones of the leg had become united by a secretion of ossified substance between them ; if my recollection does not deceive me, for it is some years since, he mentioned this as an aggravated case. I believe, however, that in general the splent is an enlargement of the bone, or at least, an irregularity in the form of it, though unattended by pain or even inconvenience, unless its situation is such as to impede the motion of the tendons. In this case, it is often accompanied by that sudden dropping which I have already described as a "misgiving" of the leg, and the horse falls very abruptly; perhaps in the middle of his speed. I lately had a horse which I had driven for about two years; I frequently rode him, and with confidence: he never stumbled, or made even a doubtful step. I lent him to a friend, whose servant 100 THB ADVENTURES OF A GENTLEMAN one day fell with him. He injured his knees very seriously, but in a few weeks recovered his usual action, having been well cured by Mr. Woodin. After this, I drove him for several months, and considered him sound ; but for reasons best known to himself, he twice broke down, even in harness, as suddenly as if he had been shot : of course I parted with him. I never could discover any other defect in this horse than a large " double splent," as it is called, in his oflf fore leg. He was sold at Tattersall's, without a warranty, to a dealer. I inquired about him two months after the sale, but I did not learn that he had ever been down again. There is not a dealer in London who will not tell you that splents are of no consequence; and if by this they mean, as I believe they generally do, that those little tubercles or excrescences on the bone which usually go by the general name of splents, are immaterial, perhaps they are right ; but nevertheless, I should always regard their appear- ance as a serious blemish, if I found them near the knee-joint, or seated in the posterior part of the leg, or wherever situated, if so large as to be prominent, and distinctly visible to the eye. As regards the IN SEARCH OF A HORSE. 101 pleasantness of a horse, it is just as disagreeable to ride one that you think will fall, as one that is al- ready a professed stumbler ; and you never can feel perfectly secure with a splent under you, wherever it may appear. It certainly, however, would not be deemed unsoundness, if the animal was not actually lame. Dealers will tell you, ay, and swear to it stoutly, that they frequently disappear, after a year or two, or even a few months. That casual swellings, and perhaps of a callous nature, may do so, I will not deny ; but, if I am right in assuming the real splent to be an unnatural ossification of the membrane that covers the bone, or of the surrounding integuments, I believe that it will never disappear, and, on the contrary, has a constant tendency to increase. I must in candor, however, admit a fact that rather militates against my position, that splents are not commonly found in old horses. In the case which I have just mentioned, my horse certainly was eight years old when I sold him; but I have observed them in at least four or five horses of the age of five and six, for one that was aged. This very season I inspected a lot of five-year olds just arrived from the country,— all high-priced horses : there 102 THE ADVENTURES OF A GENTLEMAN was only one out of five that did not show a de- cided splent. The next point to which 1 would direct a pur- chaser's attention is "cutting." This means an abrasion of the skin on one leg, by the striking or brushing of the other. Even behind, this is no trifling matter; but if it occurs in the fore legs, it is fatal to a horse's character, unless the wound is obviously recent, and can at once be explained by an apparent defect in the shoeing. Sometimes, but not often, it only proceeds from faulty action ; but it usually argues a far more serious defect. The cause of it is a debility in the leg, arising either from old injury, or recent disease : an attentive examiner will generally find a blemished knee the accompaniment of a wounded ancle. There are certainly many cases in which a young horse, recently brought up from a great distance in the country, and whose action is green and untutored, will be found to have cut him- self severely, without any visible aff"ection of the limb. In such cases, when brought into regular training, the habit is cured, and perhaps never recurs ; but though this explanation is always at hand with the dealer, it is never to be received for gospel, especially where IN SEARCH OF A HORSE. 103 ) the cicatrix appears of long standing. I was mount- ed about a year ago on the handsomest cob in Lon- don : I think I never saw a horse of finer frame, and very few of better action. I bought him of Mr. Os- born, and of course, for a price proportioned to his apparent merit. I rode him for a week with perfect satisfaction : indeed such was the admiration that he excited, that I was repeatedly asked by strangers about his pedigree and character. After the lapse of six days, my groom informed me that he had cut himself. I was incredulous : it proved to be a mere scratch, and I attributed it to accident ; the follow- ing day the blemish became more visible, and I rode him back to Osborn's, to inquire whether it had been habitual. Banks (the head groom) assured me that it never occurred before, and could only be ascribe^ to the sudden change in the horse's habits, from idleness to regular work. Being an old customer at the stables, I had not the least distrust of these assu- rances, and continued riding him : for two days he never touched himself, but after that time the injury was becoming serious, and I called in the opinion of Mr. Sewell. He at once pronounced him lame from spavin. My reader must perceive that I am not quite 104 THE ADVENTURES OF A GENTLEMAN destitute of experience; yet I had never detect- ed either the lameness or the disease ; the cutting was the only obvious symptom either to an unskilful eye, though it must be owned, one sufficiently decisive. It is only due to Osborn to say that he received him back again with very little hesitation ; notwith- standing one of his subordinate agents blustered loudly about it, and " if it were his horse, he would not take him back at any price, after being so knocked about! ! !" the only " knocking about" be- ing that of his own limbs. From Osborn I have always received civility and attention, nor has he ever "taken me in;" but I never trust any com- mission dealer, farther than my own eyes warrant the confidence. I may observe, en passant, that whenever a horse is returned on a dealer's hands for unsoundness, unless the seller is one of that respect- able class which I have before described, this is the ordinary salute, although the animal may have been nursed like my lady's lap-dog, and prove as unsound as a walnut in January. If you are sure that you are right, and that the man is solvent, your best, and indeed your only retort, is a letter from your attorney. IN SEARCH OP A HORSE. 105 Where "cutting," or "interference," as it is more scientifically called, proceeds from faulty ac- tion, farriers will often attempt to cure it by an alteration in the shoe. For a time the cure appears perfect, but I have always found in such cases, that after a few days, a wound appears in another place, an inch higher or lower perhaps, in the leg. I have no faith in any remedy of the kind ; a boot or a pad, fastened round the hoof that interferes, is the only effectual precaution. I have heard of another plan being successfully adopted, namely cutting off the interior extremity of the shoe ; but although in dry weather this may succeed, it will occasion a yet more serious evil when the roads become wet. The heel that is left unprotected by the iron will be worn away, and lameness will certainly ensue. Authors, like horses, are sometimes apt to gallop over their ground too fast. I have omitted in my remarks on the diseases of the foot, to notice a symp- tom of frequent occurrence and easy detection. K the feet appear to the hand unusually warm, distrust should be awakened ; more especially if there is a marked difference between their temperature. The hoof ought to be perfectly cool : after hard riding on 10 106 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 107 a beaten road, or over stones, particularly in dry weather, a little warmth will generally be percepti- ble ; but this should subside after two or three hours' rest in the stall. A simple way of assuring oneself of the accuracy of the observation, is by directing the groom to wash the hoofs thoroughly, and no- ticing whether one of them dries more rapidly than the other. The feverish foot will always become dry first, and recover its natural warmth in a few minutes; while the sound foot will remain cool. Should a disposition to rest the heated foot be also noticed, the horse may safely be set down as unsound. I rejected a horse for this reason a very few weeks after writing the preceding remarks. The owner, who is a friend, as well as client of mine, and a gen- tleman of great practical skill in stock, had offered the horse on my own terms merely to oblige me, as I had been in treaty for him before he purchased him. He was surprised at my rejecting him, and still more at the objectiiin I made ; but having no wish to sell the horse, he was rather pleased than otherwise to take him back. It is now nine months ago, and chronic lameness has shown itself for the last fifteen weeks in the foot that I suspected. He is now fit for nothing but the leader of a stage. There was no other symptom of disease when I first ex^ amined him, than an unnatural heat about the hoof; this exhibited itself in the morning, after riding him for about three miles, but I found that the warmth had abated in the course of an hour, so as to leave the matter rather equivocal. In the afternoon I rode him again the same distance, but rather faster, and then the effect was decisive; the diseased foot retained its heat till the following morning. CHAPTER VI. " Broken knees" deserve to have a chapter dedi- cated to their exclusive service. Every tyro that has ever mounted a horse in his life, flatters himself that at least he can detect a " broken knee ;" and if a square inch of hair is removed, disclosing a wound of an inch diameter, perhaps he may ; but should my pages be honored by the notice of a reader of this description, he will probably be astonished when I tell him, that the actual injury may be ten times more extensive, when the apparent blemish is almost imperceptible. A wounded knee, as such, is only a blemish, and, ab- stractedly, of no more consequence than any casual disfigurement of the head or flank ; but it is always an indication of existing or recent unsoundness : at least it should, in prudence, be always so regarded, unless it happens to be within the purchaser's personal THE ADVENTURES OF A OENTLBMAN, ETC. 109 knowledge, that the fall was occasioned by accident, independent of disease. The slightest mark there- fore, upon the knee, should suggest a very narrow scrutiny in the legs, feet, action, and every point about a horse. Even where no possible trace of local disease can be found, a purchaser should not rest satisfied, but follow up his inquiry into the horse*^ constitution. The staggers, the megrims, and many similar stomach complaints, may have occa- sioned the fall of a horse, and consequently the blemish on his knee, while his legs remain as free from defect as *a foal's. In short, I would never buy a horse with blemished knees, however slight the in- jury might appear, unless his history for the last six months had been familiar to me from personal know- ledge. A horse will never fall if he can help it, and nine times out of ten is as much frightened by. the ac- cident as his rider. Where, from peculiar circumstances such as I have mentioned, a man is not deterred from pur- chasing, he should carefully observe whether the injured knee is enlarged ; if he finds this to be the case, it is to be inferred that there is considerable local injury ; he should also notice with more than 10* hi 110 THE ADVENTURES OF A GENTLEMAN usual attention whether the action of the horse is restrained or imperfect. It may be fairly assumed that all decided injury to the knee-joint is incu- rable: the horse may be restored to moderate work, especially in harness ; but for the saddle he is totally incapacitated. It follows that it is of the last importance to detect the slightest trace of injury to the knee-joint ; nor is this difficult. The first and obvious inquiry will be, whether both knees correspond in shape : the eye alone can help us here, for the form of the joint does not admit of very correct measurement, and even if it did, the test would be uncertain. Very few men will find both their wrists of exactly the same dimensions ; if there is no visible difi'er- ence in shape, it should be noticed whether the hair is uniformly smooth and glossy. Where no injury has been sustained, there is an even, shining surface over the whole front of the knee; where there has been a blemish, there is generally an interruption of the gloss, as if, at a particular spot, the hair had become inverted, or grew in an oblique direction. Should this be observed, the foot should be taken up so as to bend the joint, when the IN SEARCH OF A HORSB. Ill I break in the hair will become more apparent: by slightly parting the hair with the finger, (an operation, by the way, to which all dealers and ostlers have a supreme aversion,) a scar may be easily detected, if any exists. A practiced eye will perceive a blemish without half of these minute precautions; but as I am writing for the benefit of the inexperienced, I would not advise the omission of one of them, whenever a doubt is entertained. It would not be inexpedient to look for a scar on the head, and above the eye ; for a decided fall often leaves very unequivocal symptoms there. During the whole process, the purchaser must stop his ears with cotton. Lameness of the shoulder is by no means so frequent as is commonly supposed. Every ignorant smith, who finds a horse lame, and cannot discover any very obvious cause, such as those I have been describing, attributes it, as a matter of course, to the shoulder. I believe that nineteen times out of twenty, the foot will be found to be in fault; there are many cases in which disease undoubtedly exists in the feet, where no outward I 112 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 113 ! I indication of it is shown. A deep-seated brnise will often be followed by a secretion of matter under the horny sole, without any visible enlarge- ment or depression of the cavity of the hoof; sometimes (though rarely) the injury is detected by the appearance of matter exuding from fissures in the coronet ; but where external symptoms like these are wanting, the inexperienced farrier assumes that the shoulder is strained, or otherwise injured, and turning his attention there, leaves the part actually diseased to its chance. I have so fre- quently been told by men that their horses are lame in the shoulder, and it so often occurs that under this conviction they part with them as in a case admitting of no cure, that it is important to caution people against being too easily led into this mischievous error. If there is a suspicion that the seat of the disease is the shoulder, the horse should be tried in various ways, to ascertain if difference of ground or pace will diminish or increase the lameness. Where the shoulder is injured, the horse will be equally lame on turf, straw, or the road ; he will not easily be stimulated to a trot or a canter, and if he is, the limp in the action will become yet more apparent: the reverse is usually the case when the feet or legs are in fault. He will lie down and rise with great difficulty. In all these cases, of course, much depends on the degree of injury ; but however trifling, it is likely to show itself more in proportion as speed is increased or continued; and in this respect it differs essentially from 8light injury in other parts of the leg. It is well known that this is often concealed from the eye, by urging the animal to his full pace ; hence the reluctance to lay aside the whip, when the dealer is showing his horse. It so rarely occurs that the lameness of a shoulder can ever be concealed from the notice even of the most superficial observer, that it is unnecessary to put him on his guard against imposition here. Where it does exist only in a slight degree, and arises from Ghe^i-founder, it contracts the motion of both legs equally, and gives the horse more of a wooden hobbling than a limping or halting action. A man may be led by this to consider that which is really lameness, to be only defective action : if he only views it in this light, it is quite a sufficient reason for rejecting the horse altogether: at all >ll III I 114 THE ADVENTURES OP A GENTLEMAN events, he will err on the safe side. I have seen a horse affected in this way at starting, by rheumatism, and, after a little exercise, the pain has subsided, and the lameness has disappeared altogether; but though a slight rheumatic affection, either of the leg or shoulder, is not an affair of much conse- quence, a prudent man will never buy a horse upon such an explanation of lameness at starting* The disease of chest-founder has been considered by some writers to be nothing more than rheuma- tism. A very intelligent friend of mine, well versed in sporting matters, has explained it to me as arising from a languor and debility of the pectoral muscles, consequent upon the inactivity that lame- ness or other accident occasions: and in proof of this, he says that he has always noticed it accom- panied by disease of the feet or legs; if it were a\yfQ.y8 preceded by such local affections, his reasoning would be plausible. It is acknowledged, however, to be a complaint of an unusual character, and I do not pretend to offer any pathological explanation of it. One of the most difficult lessons for a beginner is to detect a slight affection of the wind : indeed, I doubt if any verbal explanation can much assist IN SEARCH OF A HORSE. 115 him in his judgment. I have ridden many a broken- winded horse for weeks, and even months, before I discovered it. In slight cases, it is not of much consequence ; but in this, as in almost every disease, pathology tells us that unhealthy action is pro- gressive. What is only a " thick breathing" to-day, may a month or two hence, settle into a chronic asthmatic affection ; and, more especially, if in the interim the work has been rapid and severe. It is, therefore, however slight, an unsoundness to be avoided. I conclude that every body now knows the seat of the disease to be the lungs, though even that was for a long time a vexata quaestio ; ihe cause of it is supposed to be injudicious and immoderate feeding. The intestines are distended unnaturally, till the stomach presses on the dia- phragm, and this makes a full respiration painful ; the mucous secretion of the larynx, or windpipe, and lungs, is increased, and the throat is filled with phlegm: a cough is requisite to discharge it, and that cough becomes habitual. This little explanation which I offer, (not as scientific, but as substantially correct,) will assist us to a diagnosis by which the complaint may be detected. I 116 THE ADVENTURES OP A GENTLEMAN Where in rapid action a horse pants, and his sides heave up quickly, "blowing like a bellows," as the jockeys term it, we may be sure that the wind is seriously affected ; if, besides this, he has a constant hacking cough, we shall not be far out in saying that he is decidedly broken-winded. It is not easy to put a horse to his gallop in the confined ride of a stable-yard ; nor, if you are so fortunate as to find a dealer that will trust you out of sight, is it desirable to endanger the limbs of pas- sengers : you may " do what you please with your own." We must therefore resort to some more sim- ple, or at least more practicable mode of getting at the truth. The common course is to pinch the horse, by press- ing the wind-pipe closely with the finger and thumb, in the hollow of the throat, at the top of the neck : this brings on that husky cough which marks the disease. Many horses, perhaps most, will cough, and that violently, if the pressure is severe, but there is an essential difference between the loud and spasmodic cough which the healthy horse will utter, and the hacking tone of chronic asthma. Until a man has learned to distinguish between the two, he IN SEARCH OP A HORSE. 117 might as well pinch his own throat as the horse's ; and as this distinction can only be acquired by prac- tice, it is, as I have observed, very difficult for a beginner to satisfy himself on this point. It may, however, be inferred by the most unskilful, that if the horse, seeming otherwise quiet, flinches from the approach of the hand, it is because he has fre- quently been tried, and therefore perhaps frequently excited the suspicions of J)etter-informed customers. Vfery analogous to this disorder is the enviable faculty called "roaring," which, if I remember right, that celebrated equestrian Geoffrey Gambado recommends as an inestimable quality in your horse, because it saves your voice, to summon the toll- collector to his gate: nevertheless these "roarers" are usually silent in a dealer's stable. I believe that the seat of the disease is the throat, or more correct- ly speaking, the wind-pipe. It is considered incura- ble. It is not elicited by any moderate exertion, and consequently the horse must be galloped to insure detection. Where for the reasons before stated, this test car not be resorted to, it is usual to strike the horse very suddenly, and even severely, under the flank: this excites the "roar." I cannot 11 118 THE ADVENTURES OP A GENTLEMAN IN SEARCH OP A HORSE. 119 ll* >il advise the beginner to try the experiment : he would act more prudently, in most cases, were he to put up with an unsound purchase. I have seen the joke retorted in no very courteous way, and the striker has proved to be the loudest "roarer" of the two. — I once saw a veteran dealer receive a kick that cured him, at least for that day, of all practical experi- ments upon "roaring" horses. There is another means by which the symptoms of either a roarer or a broken-winded horse may be made to develop themselves in a more decided manner — allowing the animal to drink to repletion: this immediately ag- gravates every symptom to such an extent as to leave little room for doubt as to the existence of the disease : but it being impracticable to avail oneself of this test in the dealer's stables, before the pur- chase is made, I only mention it as a convenient method of satisfying the judgment, if, after the horse is brought home, his soundness appears so equivocal as to make it expedient to enforce the war- ranty. A purchaser who has the opportunity of trotting the horse at a sharp pace, for three or four miles, will observe a heaving of the flanks, when the wind is aflfected even but slightly, for two or three hours after. People are too apt to be satisfied if, during such a ride as this, no unsoundness is visibly displayed. Even where no cause of suspicion arises, it would be prudent to return to the stables and view the horse a second time after three hours' rest. It is obvious that most of the remarks which I have offered on unsoundness in the fore legs, will apply to the hind legs; but it must be observed that similar diseases, either in the legs or feet be- hind, are of far less consequence. My friend Gam- bado, whom I have already quoted, gives a hint on this subject, which has more of truth in it than its absurdity of enunciation would lead us to suspect. He considers it a work of supererogation to examine the hinder parts of a horse, because, "if the fore legs go, the hind must follow 1" In the language of the school this is decidedly a non-sequitur ; and'yet, from the very attitude and structure of the horse, it is undoubtedly true that in motion the fore legs have to endure the greatest exertion, at the same time that their free action is almost impeded by the weight and position of the rider. This is clearly proved by a circumstance well known to every ex- perienced rider. Many horses that will stumble at I fr'- 120 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 121 every step when the saddle is thrown on as with a pitchfork, will carry safely if it is removed a few inches back, and, if the form of the horse will not allow of its remaining long in its proper position, retaining it there by the aid of a crupper. It is also well understood that a good rise of the shoulder is a strong recommendation of a horse for the sad- dle ; and the reason is similar, — it prevents the saddle working forward so far as to interfere with the free play of the shoulder-blade, and it secures the weight of the rider at a proper point in the cen- tre of the body. The crupper is now superseded by the patent saddle-cloth ; or what is better, because cooler, by simply lining the saddle with plush. But though the perfect soundness of the hinder extremities is less material, it by no means follows that all attention to them is superfluous. A horse may not fall because he is spavined, or cuts himself behind, but he will not work ; and if he does, it will be ungracefully for the rider, and painfully to him- self. The bone spavin, as it is called, is a very serious complaint, and, unless it receives early attention, not very easily cured. It proceeds from a deficiency of that synovial secretion which lubricates the joint ; hence the joint becomes inflamed, and, as is common- ly the case in inflammatory disorders of the bones, a deposit of ossified matter is formed, and an anchy- losis, or permanent rigidity of the joint ensues. The same gentleman to whom I have referred at page 114, has expressed to me his dissent from this explanation. I have such a high opinion of his practical knowledge, as a veteran sportsman, that I think myself bound in candor to mention this ; but till I receive some more scientific explanation, I feel compelled to adhere to my own. If, in the inflam- matory stage, the usual antiphlogistic remedies are administered, the disease may be checked; but till the spavin is actually produced, and its presence detected by outward symptoms, the horse is rarely put under veterinary care, for the very reason I have given — that so few people attach iftiportance to casual lameness behind. My business, however, is not to write a treatise on farriery, but to caution purchasers ; and I must return to it. The presence of a spavin is detected at once in its advanced state by the stiff'ness of the joint, and the lameness of the horse, especially at 11* 122 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 123 Hi starting ; of course, therefore, a customer is never introduced to a decided spavin ; but even in its inci- pient state, it may be discovered by the enlargement of the joint. If the purchaser places himself behind the horse, (and in examining the horse behind, he should always direct the helper to pick up the fore- foot,) he will perceive that the bone of the diseased hock does not incline gradually towards the lower part of the limb, (as will be the case in the other leg, if that is sound,) but projects abruptly. The unpractised eye does not readily observe this: but by drawing the hand down the inside of both hocks,, the abrupt projection will be felt. If there is any tenderness on pressure, though this is not always the case, the existence of disease may be yet more certainly predicated ; and it is always a circumstance to excite suspicion, even when no external enlarge- ment can be seen or felt, if there is the appearance of recent cutting on the inside of the fetlock joints, or a dragging of the hind leg at the beginning of the trot, or a projecting "staring" appearance of the hair at the part which is usually affected by spavin. Another disease that is also called a spavin, but distinguished by the name of bog-spavin, is in its origin the reverse of the last. It arises from too great an accumulation of synovial fluid, and cor- responds in character with the complaint already described under the term of wind-galls ; it proceeds from over-exertion. It does not necessarily produce lameness, but it unfits a horse for severe labor, and is, of course, objectionable. When the swelling extends from one side of the leg to the other, or through the limb as it were, it is called " thorough pin." A curb (from the French word courher) is a swell- ing from the back part of the hock, just below the cap of the joint, and arises from a sudden strain, Buch as an abrupt halt in a charge of cavalry. In the sound state, the line of the leg from the hock to the heel is almost perpendicular ; if it inclines at all, it is inwardly. The effect of a curb is to alter this inclination immediately under the hock, and to give a little elevation or outward curva- ture to the line: of course it becomes visible on looking at the profile of the leg. Lameness is by no means a necessary consequence, especially if the disease is of old standing : the eye, therefore, or the touch, must be relied upon as the only certain guide to discover it. 124 THE ADVBNTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 126 A capped hock, as it is called, is a complaint that should always excite suspicion. It is a soft, pulpy tumor at the tip of the hock, and usually occasioned by a blow or a kick against the side of the stall. Where such a swelling is perceived, it should lead to a very close examination of the whole joint, for it is often caused by a violent sprain. If it appears to be wholly independent of other injury, it can scarcely be considered unsoundness, because it will not pro- duce lameness : it is more prudent, however, to infer that it is an indication of disease or latent injury of the joint, and consequently to reject the horse. As a general rule, it is more hazardous to buy where these equivocal symptoms appear, than when there are more decided marks of disease ; because the re- medy on the warranty becomes far more doubtful. Grease is a discharge of matter from the heel, most usually found in the hind feet, but not unfre- quently before. It is attended with swelling and excoriation of the skin, and when it has arrived at any considerable extent, ulcers are formed, very difficult indeed in their cure. A purchaser, however, is not likely to meet with a horse exhibiting such decided symptoms : it is only in the incipient stage of the disease that he is likely to be taken in. To ascertain whether there is any menace of the com- plaint, he should notice in the first instance whether there is generally an enlarged and full appearance of the legs — -jiot confined to the back, sinews, or the joints, but extending over the lower part of the entire limb. This appearance is called technically a swelled leg, and is the usual proximate cause of grease. Should there be any indication of the kind, he should next examine the color of the skin above the heel : if it is red and scurfy, and especially if there are many cracks, corresponding with the well-known complaint in the human subject called a chapped hand, he may safely conclude that there is a ten- dency to grease ; nor will he be likely to err if he draws the same inference from a heel remarkably clean, as if it had been recently well washed with soap and water ; for it is not common to bestow such anxious attention upon the cleanliness of the heels, unless to remove the symptoms of grease ; in all such cases frequent washing is considered a useful precaution. String-halt is a complaint so common, that every man who has ever looked at a horse must at some I 126 THE ADVENTURES OP.A GENTLEMAN time have noticed it. It is a catching-up of the hind leg much above the height necessary to clear the ground, as if the horse had suddenly trod upon a bar of heated iron : it is understood to arise in a diseased spine, producing an affection of the nerves descending to the muscles of the leg, and causing a spasmodic action of those muscles. If this patho- logical fact were well established no doubt could exist that string-halt is unsoundness ; but it is very unfortunate for society that the veterinary art is so little understood upon scientific principles, as to render it almost impossible, in most cases, to produce to a jury any other evidence than the loose opinions of mere practical farriers. Men of this class never regard a string-halt as unsoundness, for not one in a hundred has the least conception of the seat of the disorder: a purchaser must consequently, be upon his guard before he buys, and not rely upon his warranty at all to protect him in this case. The only hint that I can give him is to watch the action of the horse as soon as ever he is shown ; for the defect is most visible at the moment his acuon begins, and not unfrequently disappears after he has been exercised five or ten minutes on the ride. IN SEARCH OF A HORSE. 127 I will take this opportunity of making a remark applicable to most cases of slight lameness. The frequent exhibition of a horse during the day, when the spring is just beginning, will make him more supple and pliant in his action than when he is first led out of the stable in the morning. A pur- chaser who wishes to see a horse to disadvantage, ought therefore to visit the stables at an early hour, at least not later than nine o'clock : he will detect stiffness of the joints with much more facility at this time of the morning than when the day is more advanced. There are other advantages which an observant buyer may derive from such early visits : sometimes the removal of night bandages may be noticed ; sometimes, as in a case I have already mentioned, a careful fining down of the legs, after the warmth of the night's rest has swelled them up to the dimensions proper to disease. Nor is it un- frequently the disease, that the understrappers about a stable, especially if you tip one of them half-a- crown in a quiet way, will let you privately into the merits and demerits of the whole stud, before they appear in full dress for the day to the fashionable customer who strolls in at three or four o'clock in the 128 THE ADVENTURES OP A GENTLEMAN afternoon. I do not commend, however, these un- derhand methods of gaining information, though I know that they are practised successfully. A gen- tleman must sustain his character, even in treating with a dealer whose honor is questionable. CHAPTER VII, I DOUBT not that by this time my reader will think that, to purchase for himself, it is essential he should study the veterinary art. It is not exactly so, though the more he knows, the more distrustful he will be of his own judgment. The precautions which I have hitherto suggested are for the most part, such as every man with a correct eye, aided by a little common sense, will have no difficulty in adopting; but, in those cases to which I am about to refer, I must acknowledge that, with- out some scientific skill, I doubt if any suggestions will be of value. I will offer a few, however, and leave them to their chance. The eye of the horse is susceptible of many diseases ; and almost any serious affection of that organ, or any violent injury to it, is likely to occa- sion loss of sight. Yet to detect unsoundness in the eye is a very difficult problem. 12 130 THE ADVENTURES OF A GENTLEMAN I must enter a little into the anatomical descrip- tion of it, to make the subject at all intelligible; though here again the reader would &ct more wisely to apply to an intelligent practitioner, and ask him to show him an eye, and explain its structure. The eye-ball is enclosed in a white membrane called the tunica conjunctiva, which, after embracing the globe of the eye, extends itself over the interior surface of both eye-lids. The sclerotic coat forms the external or horny membrane of the eye, begin- ning from the optic nerve, and terminating in the margin of the cornea. The choroides is a dark membrane, also beginning from the optic nerve, and lining the interior surface of the sclerotic coat, till it approaches the margin of the cornea; and in its anterior portion it forms the circular membrane called the iris. Here, as is well known, a circle is left; the choroides terminating at the inner margin of the iris, in plaits or folds called the ciliary processes, so as to leave what to the ignorant appears merefy a black spot, known as the pupil, but which in fact is rather a perforation allowing the passage of the rays of light, when refracted by the crystalline lens, to reach every portion of the IN SEARCH OP A HORSE. 131 retina. This last-named membrane is an expansion of the optic nerve over every portion of the interior surface of the choroides, till it arrives at the edge of the crystalline lens. The cornea is formed by the first membrane, the conjunctiva : it is the transparent convex substance that forms, as it were, the outward case for the pupil and iris. The anterior chamber of the eye, being the cavity between the cornea and the iris, and the posterior chamber, which extends from the iris inwardly to a reflection of the choroides, called the uvea, are both occupied by a transparent fluid named the aqueous humor. The crystalline lens is also a firm but transparent humor of a convex form ; it is contained in a very delicate membrane, called the capsula, and is imbed- ded in the vitreous humor — a very fine transparent fluid, filling the whole cavity of the globe, behind the lens. Externally, the eye-ball and the cornea are lubri- cated by the tears. There is some difference in the construction of the human eye and that organ in the horse ; the 182 THB ADVENTURES OP A GENTLEMAN IN SEARCH OP A HORSB. 133 i tears have a variety in their passage into the nostril, and there are seven muscles that are employed in the motion of the horse's eye, whereas there are only six in a man ; but a minute anatomical exami- nation would be out of place : the only other point to which I intend to allude is the action of the iris. It is well known that the pupil, as it is called, expands or contracts, as the light is withdrawn or shed upon the eye. This is occasioned by the expan- sion or contraction of the iris ; the former partially closing up the perforation called the pupil, so as to allow less of the dark interior surface of the choroides to be visible through the aperture; the contraction of the iris, on the other hand, dilating the opening, so as to expose a larger portion of the choroides. Some eminent anatomists have ascer- tained that the iris consists of muscular fibre, though so delicate as almost to exceed the power of concep- tion to those who are not conversant with the extraordinary powers of nature ; exhibited perhaps to greatest advantage in the minutest of her works. If this imperfect sketch of the construction of that wonderful organ, the eye, should only have the effect of tempting my reader to a personal examination of it for himself, he will not grudge the idle hour that he may have been tempted to throw away on my previous pages. The pupil of the human eye in the healthy state, has always a black appearance, such being the color of the human choroides : in animals, it varies extremely, and, on very recent dissection, has the greatest variety of richest hues ; though it is extremely difficult to obtain a subject so imme- diately after death as to make the observation, except by waiting in the slaughter-house: in the human subject this is obviously impossible; but probably, if the opportunity of examination could be found, the choroid coat would display a similar richly-colored carpet in man. I may observe in passing, that those who are desirous of examining the organ for themselves, will find the eye of the pig approach most nearly to the shape and construction of our own. The choroides in the horse is blue in its appear- ance, and it is very important to remember the distinction. I once bought a horse for my cabriolet, through the intervention of one of those go-betweens that I have described: the man had for many 12* 134 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSB. years been a Newmarket jockey, and to do him justice, found me a very serviceable and showy animal. It was a large chestnut gelding, nearly sixteen hands high, with excellent action, and the price was but twenty-five pounds : he had a slight blemish on one knee, but so slight as not to be observable without close inspection. When he showed me the animal, I was at once satisfied that there was something wrong, for it was a fair sixty- guinea horse; and to have deducted ten for so slight a blemish, and in a harness horse, would have been liberal. I told him my suspicions, and he answered, with a very knowing look, that he was blemished in both eyes, but would probably retain his sight during the season, and then would fetch my money for a leader in the mail. I inspected his eyes, but in vain : the little jockey tried again and again to make me understand the cloudy aspect of them— "all like a blue haze. Sir." I modestly set it down to my own ignorance, and was well satisfied to take my chance. The horse had his faults, sure enough: but blindness was never one of them; his heels were flat, tender, and contracted, and I was eventually obliged to put him for a time in a farrier's hands, when I took the opportunity of inquiring if his eyes were good ; they were perfectly so ; not the least trace of speck or cloud. I drove him for nearly twelve months, and he never appeared to have his sight at all affected, or any other fault except the tenderness of his heels. The jockey was right, however, in his speculation: I re-sold him at a profit. I have omitted one essential difference between the human and the equine eye. The pupil in the former is circular ; in the latter, an oval, with the sides depressed, and the upper ridge of the oval is rendered uneven by small bodies dependent from the iris. I have been told that there are similar bodies on the lower edge of the iris, but much more minute in size. I have never observed them very distinctly developed, but I by no means deny their existence. There is another variation between the horse's and the human eye, of a very important and pecu- liar character : at the inner angle of the eye, there is found a dark membrane that, apparently at the pleasure of the animal, is shot rapidly over the eye, >1 136 THE ADVENTURES OF A GENTLEMAN Wl l\ like a veil: it is instantly withdrawn, and in its rapid transit, cleans the eye-ball of dust or foreign particles that may have accidentally lodged upon it. This membrane is called the haw: it is not muscular, but its action is curiously explained ; it is projected from its place by the compression, or rather depres- sion of the eye-ball into the socket, occasioned by the retractor muscle. When the eye is depressed by the play of this muscle, the elasticity of the fatty substance behind the eye-ball causes the haw to ex- tend itself from the corner of the eye, over the visi- ble surface ; when the retractor muscle ceases to act, the eye-ball resumes its usual position, the fat returns to its place behind, and the haw also returns to the socket from which it has been momentarily pushed forward. I am the more particular in thus describing the utility and action of the haw, because such is the gross ignorance of the majority of country farriers, that when this membrane has been affected by a temporary inflammation of the eye, and thus become enlarged and more prominent than usual, it has been regarded as a diseased excrescence, and actually ex- tirpated, to the permanent injury of the horse. In- IN SEARCH OP A HORSB. 187 stead of endeavoring to subdue the inflammation by the ordinary remedies, it has appeared the simplest way to remove the diseased part ; and thus the eye, though for a time apparently restored to health, has in the end been lost by the casual introduction of impurities, such as dust, flies, &c., which there no longer remains any natural means of removing. It will scarcely be credited by general readers, that so prevalent is this error, as to have found a place in that learned work, the Encyclopaedia of Rees, where, under the article Haw, this membrane is described as a diseased tumor in the eye, and instructions are given for removing it ! ! ! This may give a useful hint not to confide very readily in the opinions of those farriers, whose station in life justifies a suspi- cion that their knowledge is merely practical, and not founded upon scientific instruction. The first point to which I would direct attention in reference to the soundness of the eye, is the colour of the inner surface of the eyelids. I have noticed that its natural colour is white ; where it is found of a red colour, without any apparent signs of local injury, such as tenderness and swelling, it is a symptom of inflammatory disease : if, instead of red, I 138 THE ADVENTURES OP A GBNTLEMAN a yellow tinge predominates, it may be inferred that the digestive organs are aflfected, — every body has noticed this in a man subject to the jaundice — ^the same rule applies to the horse. If an excess of tears should be observed, it denotes a general debility of the organ, and should occasion a more than usual scrutiny. But the principal object is to ascertain if the sen- sibility of the eye is affected : this is discovered by carefully noticing whether the pupil expands and contracts to a perceptible extent on approaching the light. London stables are usually dark, and when the horse is examined in the stable, the pupil, if sound, will of course be large : when he is led out of the stable, it will contract so as to exhibit a sensible difference. If there is no essential difference be- tween the stable and the yard, as is often the case when the latter is roofed over,- it will be expedient to bring the horse into the open street, and then, by closing the eye-lids with the hand, to observe whe- ther on withdrawing it, the dilated pupil perceptibly contracts. To make this observation successfully, implies frequent practice ; but this is easily acquired by prevailing on some friend to close his eye two or IN SEARCH OP A HORSB. 139 three times, and covering it, while closed, with the hand: on rapidly withdrawing the hand, you will notice a contraction of the pupil, as soon as it is ex- posed to the glare of sudden light. It will material- ly assist the judgment to notice whether the oval outline of the pupil is perfect ; if any irregularity or unevenness is perceived, (except as to the upper line, for the reason already mentioned) — this, though no proof that the optic nerve is diseased, is a certain mark that the organ has received partial injury ; and it is immaterial to a purchaser from what cause it has proceeded, if he is satisfied that injury has been received. A decided cataract is readily detected, when the nature of the complaint is explained : it is an opacity of the crystalline lens. If the pupil appears to be occupied by any cloudy and whitish substance, I will not say, speaking scientifically, that it is a certain evidence of cataract, but it is presumably to be as- cribed to that cause, and at all events it is conclusive as to there being a defect of sight. If the pupil has a circular, instead of a flat, oval shape, already des- cribed, this too, may be considered as an indication of cataract. it # ■;< . 140 THE ADVBNTURBS OF A GENTLEMAN IN SEARCH OF A HORSE. 141 ifl il Specks upon the eye are in one respect a more serious, or at least a more annoying defect than total blindness. A careful rider may by possibility prevent a blind horse from charging a stage-coach, but the most careful horseman is exposed to con- stant annoyance by the starts and checks of a horse that retains his sight only to a partial degree. If the speck is in the front of the eye, he shies at a carriage ; if it is lateral, he jumps at a straw. To detect a speck, the eye should be viewed, not in front, but from behind; standing at the shoulder of the horse, so as not to be deceived by the strong reflection of the light on the surface of the cornea. The speck is usually the cicatrix left by a small ulcer, produced by inflammation. There is uot a dealer or an ostler in England who will not tell you that it is of no consequence ; it has been caused by a blow, a fly, and so forth : and if it could be clearly ascertained to be no more than^ the effect of such an accident, I should not attach much importance to it, if it were not very large ; for I have known such specks gradually disappear by absorption ; but it is impossible to ascertain this ; and therefore the safest course is to assume that natural irritability, with con- sequent inflammation of the eye, is the cause, and upon this assumption to reject the animal as unsound. An eye naturally weak is far more liable to sustain serious injury from the occurrence of those trifling accidents to which all horses are exposed. It may be observed, as a general rule, that all diseases of a horse's eye, except such as proceed from accident and local injury, are incurable. To couch the cataract in a man is not very difficult, and generally perhaps, under ordinary circumstances, successful : but the inflammation caused by the oper- ation in the horse, and the uncontrollable power of the retractor muscle, are too great to afford even a bare chance of success. A paralytic aff'ection of the optic nerve is hopeless in the case of man, and of course not less bo in animals. No purchaser, there- fore, should be tempted by the hope of cure. And I would add, though I am aware that I am opposed to some high authorities, that when one eye is lost by disease, the sight of the other, however sound it may appear, is not likely to be long preserved. My advice is to have nothing to do with any horse where the slightest trace of disease is visible in the eye, unless you are purchasing him for a mill. In that 13 1 142 THE ADVENTURES OP A GENTLEMAN, ETC. case you may as well begin with a blind one. It is scarcely necessary to add that blindness, whether • partial or total, is of comparatively little consequence in a horse intended solely for draught. The blinkers to a certain extent create an artificial blindness, and in crowded streets it is desirable that they should ; but except in four-wheeled carriages, defective sight is objectionable, even in a draught horse. I only mention the difierence to guard against the common error, of selling a carriage horse, otherwise valuable, because his sight is injured. CHAPTER VIII. The age of a horse is easily ascertained when the progressive appearances of the teeth are explained. A horse has forty teeth ; the twenty-four beyond the bars (the hollow space, where the row of teeth is dis- continued, and the palate is marked by transverse ridges,) are never changed, and of course give no indication of age ; the twelve front teeth are cast at different periods ; till cast, they are called foal teeth. When they change, the two centre teeth in each jaw are called nippers or gatherers ; these appear at the age of three : the two teeth adjoining the gatherers ' on either side, are called middling ; they appear at four years: the two next the middling teeth are called the corner teeth ; they rise above the gum at five: the remaining two in either jaw are called tuahea, corresponding in form with the eye-teeth in man : the appearance of the tushes is not regular, I 144 THE ADVENTURES OF A GENTLEMAN / but those in the lower jaw show themselves first, and commonly at the age of three, or three and a half. The markf as it is called, is a little cavity of a dark colour, and about the size of a small grain of oats, visible on the surface of the middling and cor- ner teeth, and in a minor degree on the gatherers. It becomes filled up, making the surface even at four years in the gatherers, at five in the middling teeth, and at seven in the corner teeth ; after seven the age cannot be known by this criterion ; but it should be noticed that though the age in running horses haa hitherto been usually dated from the 1st of May, there is so much variation in the time of foaling as to make it impracticable to speak with certainty to a few months more or less. A late foal, when four years of age in sporting calculation, will not show his four-year-old teeth till August or September, and of course will sometimes pass for a three-year-old in the spring, though, properly speaking, he ought to be dated a year older. By a recent resolution of the Jockey Club, blood-stock is now dated from the 1st of January, and of course this will lead to the general adoption of the same rule in all stock. After a horse is far advanced in his eighth year. IN SEARCH OP A HORSB. 145 no reliance whatever can be placed on his mark; and if he shows symptoms of age, its appearance at all should be viewed with suspicion : but from ten or eleven years the tushes elongate themselves very considerably, and when a few years more advanced, all the front teeth assume a lengthy and uneven cha- racter, far too distinct to allow of imposition on the most inexperienced buyer. The trick of cauterizing the teeth is usually practised on horses under nine : and except with a view to sell again, the loss of the mark or the creation of a false one, is of little conse- quence, unless the animal shows other signs of severe work, or of being stale, as it is commonly called: for my own part I would prefer a horse of eight years old for work, to one of six, if I could be sure that he had been fairly treated ; but it too often happens in dealers' horses that ** all their work is taken out of them," even before they are six : at least four-fifths are injured permanently by being set to work too early in life. It is not often that a glandered horse is found in a dealer's stables : the disorder is now acknowledged to be contagious, and its symptoms are too decided to allow even accident to bring him there. It may 13* >. I •.*i I 146 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 147 llttl ill not, however, be amiss to mention the more obvious of these symptoms, to guard a purchaser against the accidental admission of such an animal into his own stables. The disease is marked by a very copious discharge of matter from the nose ; perhaps it would be more correct to call it a mucous discharge. The throat and fauces are much swelled, and particularly the cheeks. In bad cases, ulcers are formed in the cartilage of the nose ; they are detected by the fetid smell of the breath; and ultimately the lungs and windpipe are affected. It is often accompanied by knotty tumors of the glands in various parts of the body, and these tumors appear to be united by ex- tended indurated swellings like cords: when these appear, the disease is called the farcy, I do not pretend to draw the distinction between the farcy and the glanders, but the diseases are, I believe, allied : and whenever these symptoms appear, whe- ther they belong to the one disease or the other, the animal should be immediately removed, and unless he happens to be of great value, I should recommend him to be sent forthwith to the knacker. It is not, however, wise to trust altogether to your own judg- ment. Sometimes a severe cold will produce symp- toms very similar to the glanders. Sometimes the strangles are confounded with it: the cough, the fever, and other usual incidents to a cold, will point out the difference to a scientific man, and in the strangles the rapid suppuration of the glandular swellings, is a symptom which is wanting in the glanders. Neither a cold nor the strangles is a very alarming complaint ; it would therefore be well, be- fore you sacrifice your horse, to assure yourself by good professional information, that your suspicions are well founded ; but it is a wise precaution to sepa- rate the animal from others, as soon as ever a decided discharge from the nostrils is detected. It has been said, and I believe with truth, that it is a peculiarity of the glanders, always to show itself on the near jaw. I have not had sufficient expe- rience of the disease, to feel assured of the safety of this diagnostic : but the idea is so prevalent, that I do not like to omit mentioning it. There is another circumstance connected with the glanders, that it is of the last importance to notice. The human frame is susceptible of the contagion — a point long disputed by pathologists, though why a doubt should exist is not very obvious; besides the well-known case of IN SEARCH OF A HORSE. 149 148 THE ADVENTURES OF A GENTLEMAN hydrophobia, we have long ascertained that the small-pox owes its origin to the camel, as the cow- pox is obtained from the cow. The question, how- ever, is i^t length set at rest. A paper from the pen of Dr. EUiotson, the President, was read to the Medical and Chirurgical Society, on the 12th March, 1833, (which will be found at page 201 of the Trans- actions of that Society, published by Longman,) in which the learned author describes the recent case of William Johnson, a patient in St. Thomas' Hospital. The symptoms not only corresponded with those of a glandered horse, but on a post mortem examination, the appearances were similar. The sufferer had been employed as a groom in attending a horse laboring under the disease, and had frequently received the discharge from the nostril on his hand, which had been wounded. This fact was discovered after sus- picion had been excited by the nature of the symp- toms. Without going at length into the character of those symptoms, it may be interesting to my read- ers to have a general account of them. For the first week they were febrile, attended with pains in the right side and loins, and with delirium, at times, to a violent degree. Before a fortnight had elapsed, the hand and ancle became swelled and red, and the fever greatly increased. The skin in various parts of the body gradually assumed the same inflamed appearance, and on the fourteenth day, a discharge began to flow from the right nostril, accompjinied by a large swelling in the middle of the forehead, of a purple color: the left eye was nearly closed, and swellings took place on the arms and legs. These swellings rapidly extended over the extremities and the abdomen, and the febrile symptoms became more distressing, the pulse rising to 124; the discharge from the nostrils became considerable, and bore a glutinous character ; another purple swelling appear- ed on the right side of the nose, extending all along it, and early on the seventeenth day he sunk under the disease. On examination, the swellings were found to be full of pus, under which a number of small white granulations were perceptible. The sinuses above the eyes contained similar granula- tions, and were filled with a jelly-like secretion. On the inner surface of the nose, on the side of the bone dividing the nostrils, an ulcer appeared, exactly similar to the ulcers in the nose of a glandered horse, and the same white granulations showed them- selves in the colon. r I ' .k- 1*. :fr 160 THE ADVENTURES OF A GENTLEMAN 0 I have abbreviated this account from tbe paper that I have mentioned, omitting or altering a few technical expressions. The publication of the case led to the discovery of several similar instances. It follows, .that too much precaution cannot be used in grooming glandered horses, or even animals of suspicious appearance. The most prudent course would be to use gloves : the fear of a little ridicule should never deter an honest fellow from so simple a remedy. * I have now almost exhausted the list of those disorders which are at once common in horses, and capable at least in their milder stages, of being con- cealed from the eye of the superficial observer. But there are still a few general remarks upon the subject that deserve attention. If the hair of a horse ap- pears to be rubbed ofF here and there, especially about the head and the flanks, if he is observed to rub himself against the sides of the stall, or to rub one leg against the other, it is probable that he is mangy : in this case a general roughness of the coat is discernible ; not of that kind which marks the change of the winter coat, but as if he had been carelessly curried. A purchaser will do well to notice any peculiar marks: as for instance, if there are grey IN SEARCH OF A HORSE. 151 hairs visible in a kind of ring round the fetlock joint, or above and below the knee, they imply the fre- quent and perhaps habitual wearing of a boot, and of course habitual cutting, or the speedy cut. Any traces of a sore back, though apparently healed, are very suspicious ; a new saddle may have occasioned them, as you will assuredly be told is the fact; but your own saddle may be equally new to a new horse. The slightest tenderness of the back makes the horse unserviceable for weeks and even months, and not unfrequently causes the animal to rear or plunge, the moment that he is mounted. It is by no means easy to detect vice in a horse till after several trials. Vicious horses are usually cunning, and try their rider before they venture to take liberties with him. It has frequently been no- ticed that where the horse exhibits much of the white of the eye, he is vicious ; and this idea is not alto- gether without foundation. The white of the ball is exposed when the eye is thrown back to watch the approach of a stranger into the stall : and this jealous vigilance is itself indicative of temper. A hint may not be misplaced as to the course to take if you find yourself, as I have done, thus agreeably M-.- 4i ifllS 152 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 153 closeted with a vicious brute. Most people immedi- ately retreat with precipitation, and thus place them- selves at once at the horses heels, when the chances are three to one in favor of a broken leg. The better course is, if you see symptoms of a disposition to bite or strike, at once to approach the head, and seize the halter rein close to his nose. Few horses will attack or resist a man that evinces determina- te control them ; and this is equally true whether you are in the saddle or at the head. If by this means you check the animal into temporary tran- quillity, the ostler will soon come to your aid, and release you by picking up the fore foot, or some other discipline by which he is usually restrained. It is always prudent to distrust the safety of ap- proaching a horse that stands in a separate stall, or at the farthest stall in the line ; this being the place generally appropriated to kickers. Crib-biting is rather a vice than a disease; the horse grasps the manger, and holding it with his teeth, sucks in the air, or at least appears to do so : the effect of this bad habit is often, but not always, to impair the digestive powers, and render the animal poor. As it is not usually classed as un- soundness, the purchaser should be very careful to watch the behaviour of the horse for a few minutes. It is useless to examine the manger, for a regular crib-biter would not be shown in his accustomed stall. 14 hi It CHAPTER IX. The choice of a horse for harness, is in several respects far less difficult than the selection of a saddle horse : yet it must he rememhered that an animal which is sold for the collar, is frequently parted with for a dangerous fault in harness. I have long made it a rule never to put a horse in my stan- hope, that I had not previously tried in the saddle. When I am on his hack, I am his master, when at his tail, he is mine ; and therefore, I like to know his temper hefore I place myself in his power. Draught work is far less severe labor than carry- ing weight, if the carriage is fairly adjusted to the strength, and the roads are tolerable. It follows that many blemishes which denote unsoundness, and many actual defects, are comparatively immaterial. All draught work, too, is done at the trot ; hence it is of little consequence whether a horse for harness walks THE ADVENTURES OF A OBKTLEMAN, ETC. 155 or gallops well. Still there is no doubt that in pro- portion as the animal is sound, and good in all his paces, his value is greater for whichever service he is designed. I may also remark that few people are very par- ticular about driving a horse in a boot, or with a blemished knee, while the blinkers will hide any obvious defect in the eyes. Thus other serious ob- stacles that occur in the purchase of a saddle horse are removed. Subject to these preliminary observations, I would suggest that the form of a stanhope horse should be carefully considered; a full shoulder and a well filled-up loin, are of consequence : the action should be free, and rather high than otherwise; the body should be compact and close, the legs short, and rotundity the character of the whole. Steadiness is a great virtue in a gig-horse; for his duty is in the streets, where every provocation is given to the contrary, and where the least swerv- ing from the direct line may cause infinite mischief. It is quite impossible to decide whether a horse deserves this character till he has been tried; but a single drive down Oxford street or Holborn, will \ « " It I ! Ill i i M 156 THE ADVENTURES OP A GENTLEMAN put him suflSciently to the proof; a man who buys a Btanhope-horse, without first driving it himself, is a fit subject for a commission of lunacy. It is not enough to put him in the break ; he should be har- nessed at once to the stanhope ; and it is prudent to observe closely how he bears the ceremony of being harnessed, and what kind of a start he makes. Much may be predicted of his qualifications for draught, or at all events of his familiarity with the collar, by the degree of quiet with which he allows himself to be put to. If the ostler runs along-side of him at setting off, as is often the case, you may be sure that the horse is distrusted : if you distrust yourself, have nothing to do with him. One of the best horses which I ever had in my life, as a gig-horse, was a little animal scarcely four- teen hands and an inch high, which I bought of a dealer named Thompson, an excellent judge of a horse for harness, and Who, I believe, now purchases horses for Mr. Robinson, of Little Britain. His case was in some respects peculiar, and worth men- tioning. I bought him for a relative, of very little weight, but a timid rider. He was just such a horse as I have described ; about half-bred, and inclining IN SEARCH OF A HOBSB. 157 in form to a cob. My relative rode him for about . two or three months, during which time, either he or the horse so contrived it as to fall every ten days ; the last fall was a very serious one, and the knees were much blemished. He would not have produced ten pounds, though I had given nearly forty. I ob- tained permission to break him into harness, which I did myself, without any trouble or difficulty. His owner would not take him back again, but gave him to me. A year or two afterwards I refused sixty for him. It is a singular fact, that, for the first two years that I had him, (he remained with me nearly five,) he would allow nobody to drive him but myself. K other hands held the reins, he would swerve and shy, and at last perhaps fairly bolt ; but in mine he never committed a fault. I used to drive him with a sharp curb, and very little whip ; but my command of him was so complete, that I have urged him to his full speed, thrown the reins on his back, and stopped him in an instant by my voice! The inference which I would draw is, that a purchaser should always try a new stanhope horse for himself y and not trust to the steadiness evinced while the reins are in his owner's hands. 14* ' [•»l I 'I m 158 THE ADVENTURES OF A OBNTLBMAN I cannot dismiss my little horse without mention- ing another incident connected with him, to me par- ticularly interesting. Like most Cantabs, I acquired at college an unlucky taste for driving. I have driven my tandem for many thousand miles in safe- ty," and used at times to exhibit, at once my folly and my skill, by threading the narrowest or most crowd- ed streets in London. It is scarcely necessary to add, that eventually I broke my head; though in justice to my skill, I must declare that the fault was not mine, but my coachmaker's. The splinter-bar had been morticed into the shaft, at the very point where the latter was rendered unsound by a knot in the wood. One day, after a long journey into the country, and within a hundred yards of my own door, the shaft broke, and I was precipitated over the shaft-horse, under the heels of my old favorite. There I lay, insensible. The awkward hands who came to render assistance, wanted (as I was after- wards informed by my servant) to move the horse away from me, at the risk of putting his heels upon my face; but move he would not; nor would he allow a foot to be raised, till at last I was fairly lifted up from under him, and then, though not till then, he IN SEARCH OP A HORSE. 159 readily changed his po'sition, and moved wherever they pleased to lead him. I have no inference to draw from this, except a caution even to the most experience whips, against tandems ! I mention it as a tribute of gratitude to my poor horse, who showed at least as much sense as his master. Young gentle- men, however, who disregard my caution, as doubt- less nineteen out of twenty will, may thank me for a hint of which I have experienced the advantage. Tandems are rarely seen now ; but those who still drive a leader, generally attach his traces to an eye in the traces of the shaft-horse: this looks better, but is not 80 safe as the old-fmhioned way of hook- ing them to the end of the shaft. By the first plan, the stumbling of the shaft-horse is aggravated into a decided fall, for the animal is actually pulled down by the continued motion of the leader ; by the old plan, the shaft-horse is allowed time to recover a casual trip, and is even assisted ; the weight of the carriage being relieved by the shafts being retained by the leader's traces in a horizontal position. The greatest danger in tandem-driving arises from the stumbling of the shaft-horse; it therefore follows that if either of the team is distrusted in his feet or legs, he should be driven leader. '4 tv I I- 160 THE ADVENTURES OF A GENTLEMAN i I have had two deals with TThompson since I wrote the preceding remarks. One of them has proved a very good horse ; the other has heen an unlucky pur- chase. I bought him with a warranty of soundness, and I detected no unsoundness for nearly five weeks after my purchase, though I expressed a doubt at the time whether his feet were right. He has proved lame from inflammation of the navicular joint. He is so unexceptionable in other respects, that I have kept him, in the hope of curing the disease by a win- ter's run in the wet marshes, but I am far from san- guine as to his recovery. It is a complaint that admits of relief, but is' seldom cured.* No man, if he can help it, will ever buy a mare for harness : no dependence whatever can be placed upon them : they may be temperate and steady for months, or even years, and yet when the season arrives, will kick your chaise to pieces. I drove a little mare for nearly a year with the galloway that I have just been mentioning; the following spring she kicked herself out of harness three times in the course of as many weeks ! Purchasers are often * The case proved incurable, and I was obliged to sell the horse for a trifle, after incurring all the expense of his winter*! run. IN SEARCH OF A HORSE, 161 tempted by their inferior price; a mare, cceteris paribtis, being generally five or ten pounds less val- uable than a gelding ; but they forget that it is this very capriciousness of character that reduces their value, because it unfits them for the collar. It can scarcely be necessary to remind a purchaser that any scar on the shoulders, or even under the tail, should lead to a suspicion of tenderness in those parts, not very consistent with length of service in harness ; and in the same way that a blemished hock should excite a doubt whether the splinter bar is not equally damaged. If it can be managed, it would be prudent to see a horse driven in his master's stanhope, were it only to take the opportunity of observing whether the dashing iron or the floor retains marks of the shoe, or has been recently re- paired in order to efface them. I once was trying a stanhope horse in company with his owner, but not in his owner's chaise ; I had no suspicion, for I was to receive a warranty of ^* sound and safe in harness," but he appeared to ^ me to show a great deal of work ; and therefore I wished to see the stanhope that he had been accus- tomed to draw. " It was at the coachmaker's." I •4 ^1 162 THE ADVBNTtJRES OF A GEITfLfeMAN offered to go there, and proposed that we should . drive to the shop. " It was a long way off, on the other side of the water.'* I replied, that my time was of no consequence ; for, whenever I perceive hesitation, I always feel distrust. " It was taken to pieces to be fresh painted." In short, I found that the chaise was not to be seen ; and therefore, see it I would. When we returned to the stables, I took an opportunity of saying privately to the ostler, that I thought the horse had been over-weighted, and I wished to compare his owner's stanhope with mine. "When would it be at home?" He could not tell, but at once referred me to the coachmaker's : this was all I wanted. I proceeded there without delay, and anticipated his customer by only ten mi- nutes ; this was enough however, to apprise myself by ocular inspection, that the dashing iron had been kicked away, only the week before, by the horse warranted " safe in harness !" About a month after, not having yet found what I wanted, I read an adver- tisement in the paper, of " a horse, stanhope, and "harness, to be sold together. The stanhope al- " most new, and very recently from the coachma- "ker's shop: the horse possessing the grandest IN SEARCH OP A HORSE. 163 « action imaginable, and making altogether, the most " elegant turn-out in London ; bond fide the property "of a gentleman that might be referred to." I went to the place, and at once recognized my old acquaintance, whose action, d posteriori at least, had been as "grand" as could reasonably be desired; and as for the stanhope, the most practised eye in Long Acre could scarcely have discovered the true cause of its having so recently quitted the coach- maker's loft ! Another striking specimen of gentility in horse-dealing transactions ! THE ADVENTURES OF A GENTLEMAN, ETC. 165 t H CHAPTER X. If my reader has by this time mounted himself to his satisfaction, he will be dismayed to learn, that he has yet much to do in the way of precaution, be- fore he can hug himself in his purchase. A friendly critic in the Old Sporting Magazine has humorously compared me to Accum, the cele- brated chemist, of " death-in-the-pot " reputation. I will take this opportunity of setting myself right in this matter. I have never said that a sound horse is unattainable in the market; but merely that animals of this description do not often find their way into it. My object has been to enable the inexperienced to form some judgment for them- selves upon the merits of such horses as they are most likely to find there, and especially to guard them against the common error of allowing their judgment to be warped by the amount of the price demanded. In prosecuting this object, it has been necessary to explain all the artifices to which knavish dealers have recourse ; not that any indi- vidual will find himself exposed to all these tricks, but he must learn them all, to guard against being victimized by any one of them ; and though it is almost absurd to repeat the cases in which every day*s police report presents to our eyes, yet if the tricks of horse chanters were generally known and understood, we should not find such frequent sufferers by their frauds. Some of these tricks I have already mentioned ; but there is one which, however common its occurrence, cannot be too often described. " Timid old gentlemen," or dandy young ones, are the legitimate prey of all horse chanters. " A neat little cob, equal to any weight, that never stumbles nor shies," meets the eye of some "timid old gentleman," and "a liberal trial" being allowed, he purchases. This is all very well ; but how is the trial to be made with security to all parties? The advertiser is at no loss. The price asked is forty guineas ; " the gentleman may de- posit half the price, and ride the horse where he pleases." Such a proposal seems fair enough in all 15 166 THE ADVENT ORES OF A GENTLEMAN II » conscience ; the parties are alike strangers to each other; the huyer indeed, is the most open to sus- picion of the two, for the seller has the primd facie evidence of respectability, that he is the occupier of a stable, and the owner of a horse ! The " timid old gentleman" feels that the reason of the thing is against him. The deposit is only half the value; he pays the twenty guineas, and rides away with all possible assurances and good wishes. In ten minutes he discovers his purchase to be " a roarer." What then ? " Timid old gentlemen" are neither dandies nor highfliers, and asthmatic in- firmities are surely entitled to the indulgent sym- pathy of age. In ten minutes more the " neat little cob" blunders against a scavenger's night cart, and I IN SEARCH OF A HORSE. 167 swerving away to avoid being run over, is taken in flank by the pole of an omnibus : this is very dis- agreeable,-to be sure; but what "little horse" in England can make his way through a phalanx of London carriages? Besides, "old gentlemen" do not habitually travel the crowded streets on horse- back ; so the purchaser is not discouraged. Before his half hour is completed, however, this sure-footed beast, that " it is impossible " to make stumble, breaks down in the softest quagmire he can find of metropolitan slush and filth, and spills the " timid old gentleman" in the kennel ! Human patience cannot stand this. John is immediately dispatched with the unlucky Rosinante to his owner, and desired to leave the horse and bring back the money. The first is easily done ; the horse is left, and readily re- ceived by the expecting ostler : but " master is gone to dinner, and will not be back for two or three hours." When that interval has elapsed, John re- turns ; but finds neither horse, nor master, nor groom : the stable is empty ; the neighbors know nothing of the tenants, and the swindlers have safely decamped with their " neat little cob," and the " old gentleman's" twenty guineas into the bargain ! ! ! I I 168 THE ADVENTURES OP A GENTLEMAN IN SEARCH OP A HORSE. 169 i«|i ' Scarcely a week passes, that this stale and shallow trick is not successfully repeated; for the rascals know very well, that even if they were traced to the next door of their dupe, he would hesitate, after the first flush of vexation was over, at encountering all the trouble and expense of a prosecution : nor would it perhaps be easy to establish the legal criminality of their conduct ; a timid magistrate, or an indulgent jury, would reduce it to a mere debt of twenty guineas, or call it a "debt of honor !" When you have chosen your horse, before you part with a farthing of the price, learn something of the seller : if this is difficult, remember that it is just as easy to send his horse to your stables, as for you to try it from his. If this is declined walk away as fast as your legs can carry you. You are in a dangerous posi- tion, after once confessing to a chanter that you like his horse. Canning's eloquence was a hundred degrees less persuasive, than the wily speeches of an ostler under such auspicious circumstances. I strongly recommend the horse to be taken away in the seller's saddle and bridle : a demur is often made to the inconvenience, but explain the reason, and no respectable dealer will object to the loan. To buy a new saddle for an untried horse, is throw- ing away money ; and though saddle-trees are now usually made in a form to suit most horses of the average size, it is not improbable that the back would be galled by a long ride in a saddle out of your own harness-room. Should this happen, any dealer is fairly entitled to refuse the horse, if re- turned, unless upon full compensation ; for he is alike unfit for sale or use, till the wound is healed, and I have already noticed that this is not the work of a day. It is prudent to examine with attention the terms in which the warranty is expressed. I have often known instances in which, either from accident or design, the guarantee of soundness has been so care- lessly worded, as to leave no remedy to the pur- chaser ; and in other cases, the warranty has been signed by an agent, whose authority to give it has been afterwards denied : thus substituting a right of action for deceit against a man of straw, for a good remedy against a solvent seller. Another precaution, rarely taken, but of great im- portance, is to send a servant to fetch the horse : the purchaser generally rides him away himself, if 15* ♦ m i 170 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 171 1^ m he can borrow a saddle. Should an accident occur on the journey home, he has no witness to prove the cause of it, and a squabble of course arises. He is challenged with careless riding — he cannot disprove the charge, and the remedy on the warranty is in- volved in the always complicated question, " Who is in fault ?" For the same reason it is prudent for the first week, if possible, always to ride him in com- pany ; or, at all events, to make the groom carefully note down the length of every ride, and the condi- tion in which the horse is brought home. Every sin that the animal can commit is thrown upon the rider's back, whenever a horse is returned to a dealer on his warranty. Inquiry should always be made of the seller, how he has been accustomed to diet and clothe his horse ; whether his feet are stopped at night, and how frequently ; and whatever reply he gives should be carefully noted, and the same treat- ment observed, till his soundness is ascertained ber yond dispute. These points seem trivial and super- fluous. The moment, however, the buyer consults his attorney, he will cross-examine him on every item, and then their practical importance in re- ference to the warranty is ascertained, though gene- rally, too late ! It is desirable, before money is paid, to put some general questions as to the history of the horse — not so much to ascertain that he is not stolen property, though even that suspicion is not always to be laid aside, but to secure the means of tracing any disease that may show itself in the buyer's stables. It is a strange fact, but not less true than strange, if dealers are to be credited, that iio horse is ever ill before he is transferred by sale ! The first appearance of every disorder with which veterinarians are familiar, is the second or third day after the animal is comfortably housed in a new stable. Now, after making the most liberal allow- ances for change of domicile, I cannot understand this horse-dealing system of pathology ; and so far am I from being convinced of its being sound in principle, that I have always provided myself with the means of following up my horse's history. Some- times I have discovered that even in this trifling matter, the inveterate habit of lying has betrayed itself. But deception here is of little moment : it tells as well with a jury, that the previous history of the animal has been studiously concealed, as if the last year of his existence had been spent at the col- m III h, « 172 THB ADVENTURES OP A GENTLEMAN, ETC. lege ; and this is all that is wanted. I may also ob- serve that actual deception on any material point, in- validates a contract altogether. Thus to sell a horse that has lost the mark, under a false representation of his age, or to sell a second-hand carriage, as one that has just left the coach-maker's loft, is fraudu- lent, and no action can be maintained for the price ; or should the price have been paid, it may be re- covered back. Dealers ought to be better aware of this principle of law, than for the most part they appear to be. No legal contract can be founded upon fraud, and wilful deception amounts in law to fraud. The maxim, of Caveat emptor, which I have chosen for my title, cannot safely be pushed too far ; but on these and similar points I will refer my reader to the subsequent pages for more satisfactory explanation. CHAPTER XI. I HAVE written to little purpose, if my reader should ever require advice to guide him in reference to his warranty ; but my work would be incomplete without it, and with it he may save himself many a six-and-eightpence, if he is after all so unfortunate as to be taken in. Every man I believe is pleased with a new horse for the first four-and-twenty hours, on the same prin- ciple that every child is pleased with a new toy: and like the child who throws away the toy the moment it faiU to answer expectation, the buyer believes his pnrchase to be worthless, the instant he detects a fault. This is a serious mistake. There is not one horse in a hundred that is in every sense sound. There is an important distinction between soundness, in its legal sense, and in its popular acceptation. A lawyer will tell you that every horse is sound that is 11 174 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 175 l^r not diseased, or menaced irith disease, to a degree that incapacitates him for fair and serviceable exer- tion in that labor for which he is sold. A veterinary surgeon will declare a horse unsound, that has any symptoms of past, present, or future infirmity. A dealer, or his ostler, will vouch for the soundness of every animal that can place one foot before the other, or manage to stand upon all four. Between these high authorities, especially if his attorney has an eye to costs rather than character, the unlucky purchaser is bewildered, and like all men in that predicament, commits one blunder that leads to a second, till he is lost in a labyrinth of squabbling, litigation, and expense : consoling himself eventually with the comfortable conviction that all lawyers, farriers, and dealers, are rogues alike; beleagured together to swindle him out of his money, and make dupes of honest men ! The proportion of knaves among them is large certainly : but very little reflec- tion will satisfy a reasonable man, that in most cases he can only have himself to blame. My first advice is not to be too prompt in re- turning a defective horse. Slight faults, or even doubtful indications of disease, should not be conclu- sive. No horse is without a fault of some kind, and yet there are not many that absolutely incapacitate him for work. A horse may refuse to canter, and yet be pleasant and speedy in his trot; he may even blunder with a new and inexperienced rider, and ultimately prove sure-footed when better accustomed to the hand. Many will swerve and shy when they find themselves unsteadily mounted, and afterwards prove perfectly docile. Some animals of delicate stomachs, or moody tempers, will refuse their corn when they tome into a strange stable ; others will be sullen when introduced to a new face, or unmanage- able when groomed by an unwonted hand : all these are temporary inconveniences, and far from conclu- sive against the value or usefulness of the horse. Many timid riders take alarm at the frolics of their horse when first mounted; forgetting that in all probability he has been fed up into high condi- tion for sale, and had no work for a month past, beyond his daily exercise. It is not a fortnight since I mounted a mare that almost kicked down the stable door as soon as I crossed her. She carried me very quietly for an hour afterwards, and I was more disposed to complain of a want of spirit, than an excess of it. 176 THE ADVENTURES OP A GENTLEMAN Should it, however, be too apparent that the pur- chase is substantially vicious or unsound, it should be returned without delay, but not without due cau- tion.* An immediate return is not necessary in point of law, but it is certainly imprudent needlessly to retain an unsound horse even for a day. The two leading authorities on unsoundness are Mr. Sewell and Mr. Field ; and before the animal is sent back, both these gentlemen should be consulted. Their opinions will only cost a guinea, and this sum is well expended to assure oneself of scientific judgment. If they differ in opinion, it will not be safe to enforce the warranty : that they do sometimes differ, I have had recent proof. A distinguished member of par- liament lately offered me for sale a beautiful mare, bred by himself. He was unwilling to warrant her, and without a warranty I would not buy. He pro- posed that she should be examined at the college, and with this I was willing to take her. She was at once pronounced lame, and on catechising the' groom that brought her, it turned out that she had hurt her ♦ The reader must not infer from this passage that he is en- titled, as a matter of course, to return a horse for a breach of warranty. I again refer him to the subsequent pages for a fuU explanation of the law on the subject of " return." IN SEARCH OF A HORSE. 177 hock on being tried in harness. Mr. Sewell was of opinion that unless boxed up for the summer with a high-heeled shoe, her lameness would become perma- nent and incurable. Of course I rejected her. A few days after, the ostler at the stables where she was occasionally put up, informed me that her owner, not satisfied with Mr. Sewell's opinion, though borne out by the accident, had consulted Mr. Field within an hour after she had left the college ; Mr. Field passed her as one of the soundest horses he had ever examined !♦ It is indispensable to consult the veterinarian before the horse is returned, for no opportunity will be given of doing so afterwards. Nine times out of ten, the dealer will receive him, but will not refund the money : so far from it, that he will send you notice that the horse is standing at your expense, and you will shortly receive a heavy bill for his keep, unless he good-naturedly offers to sell him for you again at half the price you gave him ! ♦ Mr Field has since assured me, that though he passed the mare, he did not pronounce his opinion in these unqualified terms ; and in justice to him, I feel it right to correct the text: he considered her, however, to be free from lameness. 16 178 THE ADVENTURES OP A GENTLEMAN If unsound, Mr. Sewell will give a certificate of the fact, and also of the seat of the disease. Of this certificate it is expedient to keep an examined copy, and then send the original to the dealer. The ser- vant who received it from Mr. Sewell, should be the person to examine and mark the copy, and also to deliver the original, or at least produce it to the dealer ; as it will be necessary on the trial of the ac- tion, to have his evidence to show fair play and open dealing to the satisfaction of the jury. Nothing tells more with a jury than candid, open behavior, espe- cially in actions upon horse-warranties. I have already intimated the importance of tracing the past history of the horse, to ascertain whether the unsoundness is of old standing. It will often be found, when this can be done, that the dealer himself bought without a warranty. Indeed the question should always be put to him whether he did or not. His refusal to answer it, or to produce the warranty, will tell as much against him as the admission that he took none ; but then he should be interrogated by a third party, who can, if necessary, be put in the witness-box. The next material point is to make a chronologi- IN SEARCH OF A HORSE. 179 cal memorandum of every occurrence, both in the purchase, and subsequent treatment, and let the groom subscribe his name to it. A case is clear enough in the month of March, but if the cause is not tried tUl July, half the circumstances are forgot- ten. The most trivial inaccuracy is fatal in a horse cause : nothing should be omitted ; his diet, his exer- cise, his grooming, every thing that can prove due attention to have been paid to him, should be care- fully noted down, while all is recent and memory awake. It is useful to make the servant sign it, for I have known instances where the man has been dis- charged in the interim, and produced afterwards as a witness /or the dealer, and a most useful witness, too. Half a guinea will do wonders in making a good wit- ness of a discarded servant. In- aU questions arising upon a warranty this principle must be borne in mind ; the horse must be returned in the same state and condition in which he was received, except so far as the disease for which he is returned may have deteriorated him ; as for instance, if the knees are broken by a fall, and the fall was occasioned by chronic lameness, the blemish is no bar to his return: but except in cases ejmdem I 180 THE ADVENTURES OF A GENTLEMAN generis, 9.rrj injury to a horse while in the pur- chaser's possession deprives him pro tanto of his re- medy. This is my reason for giving such minute directions for the treatment of the animal, while his soundness remains doubtful. It often happens that a wary dealer will play off an artful game with a dissatisfied customer. Allow him five guineas, and he will take the horse back ; or he "will exchange him with pleasure." I should generally close with the first alternative, for extra costs will always exceed five guineas ; but the second is a desperate recourse : the exchange will to a cer- tainty be an inferior animal, and in less than a week he must be returned again, and all the battle is to fought once more. By the time he has tried every horse in the stables, the purchaser will have broken half a dozen ribs, be minus his time and money into the bargain, and find that his own legs 'must carry him through the summer. It should always be the subject of anxious inquiry, ere a hostile step be taken, whether the dealer is worth powder and shot. Very few of them, taking them as a body, are in solvent circumstances ; and then a verdict will prove an empty triumph indeed. IN SEARCH OP A HORSE. 181 This inquiry is easily made among the parochial officers: they will always say (on assigning a fair reason for the question) whether a man pays his rates and taxes punctually ; or they will refer to his landlord, who is always well disposed to complain of an irregular tenant. But a man should make these inquiries for himself: they will swell a solicitor's bill largely if left entirely to him. Should the result be unfavorable, there is but one resource— send the horse to the hammer to take his chance, and set down the loss, as I have too often done, to the debit of experience ! On the next occa- sion you will be wise enough to consult a veterinary surgeon before you make your purchase ! 16* CHAPTER XII. If my reader has, to his surprise, as it certainly would be to mine, struggled successfully through all the risk and difficulties explained in the preceding pages, and at length mounted himself to his entire satisfaction, he cannot but be anxious to know how he is to treat the valuable animal which it has cost him so much trouble to procure. Economy is so much involved in the question, that my advice can only be given subject to the control of every man's peculiar circumstances. A man who only keeps one saddle-horse for his pleasure, and is domiciled in London, cannot do bet- ter than send him to livery: he will find it quite as economical as keeping him in his own stable, and far more convenient. The usual charge is a guinea per week, where the standing is of long duration ; and very little personal attention will secure liberal THE ADVENTURES OF A QENTLBMAN, ETC. 183 treatment. If however he keeps two horses, he will undoubtedly find that he can maintain them both for less than three-fourths of the charge of sending them to livery, provided that he has stabling attached to his house, and a man-servant to his establishment. In many cases, however, the ques- tion of economy does not occur ; and though gentle- men who keep their studs systematically, are not likely to be among my readers, yet if perchance these pages should meet their eyes, they may find Bome useful hints as to that very important, though neglected point, the construction of their stables. A horse, in his educated state, is by no means a hardy animal. Many, perhaps most of his numerous diseases, spring from a neglect of those precautions which are required by the artificial character of his life : the abridgment of his active days is alone suf- ficient proof of this. Many horses live to twenty or five-and-twenty, but not one in a hundred is fit for real labor after thirteen. That this arises partly from their being prematurely brought to work, is certainly true ; but it is equally true that this pre- mature exertion is as injurious indirectly as it is directly. To prepare them for it, they are brought 184 THE ADVENTURES OP A GENTLEMAN IN SEARCH OP A HORSE. 185 III into close and heated stables before their constitu- tion has attained its maturity, and, as is the case with children reared by anxious parents, warm atmo- spheres, pampered appetites, and close confinement, cause premature debility and early decay. It is impossible now to change the system : horses are too expensive to maintain, to allow the breeder to keep them out of the market, when once they can yield a profitable return ; and therefore every horse is trained to work before he is five. The only re- medy is, in their subsequent management, to avoid errors that may render them yet more delicate, and on the other hand to guard against any carelessness that is only innoxious to hardy constitutions. Almost all stables are found so built as to be liable to the extreme either of warmth or cold. In the country, the last is the common error ; but in Lon- don, and all large towns, the mistake is on the other side. The great value of building-ground in towns makes it unavoidable ; but where there is sufficient space, it is unintelligible why so little attention is shown to the construction of the stabling. Almost every country stable opens directly to the weather, so that in all seasons there is a constant current of cold air poured in plentifully upon the cattle, what- ever may be their state. I have noticed this fault in some of the best hunting stables, yet the remedy is simple and obvious: the harness-room should be built off, at the entrance of the stable, with a passage through it: ventilation might easily be secured by gratings above the windows. The same ill-judged economy of space leads to another fault, equally mischievous. The loft is gene- rally used as the most convenient place for the hay cut for immediate supply; and to make it more roomy the ceiling of the stable is very low. Thus ventilation is required to an unusual degree, while the proper place to receive the ventilator is choked up. Even the accumulation of dirt and dust, con- stantly falling upon the horse, is, though a minor evil, one of no small magnitude, and quite sufficient to point out the expediency of a different arrange- ment, where circumstances permit. A stable should be as large and airy as conveniences will allow : it should also be perfectly dry, and capable of being kept at a regular and moderate temperature. The effluvia of the litter and manure are very great, and very injurious to the health of the horse ; but no care 186 THE ADVENTURES OF A GENTLEMAN of the groom can entirely prevent it, especially dur- ing the night, if the stable is low and confined! It is well worth the while of any gentleman who is about to build, to inspect the stables at the Veterinary Col- lege : he will at once remark their lofty height as compared with others, and the ample size of the stalls and the wide space between the stalls and the ' opposite wall. Even the construction of the stalls is a matter of importance : the drain should be in the centre, and the paving should be aa level as is con- sistent with the drainage. As stables are usually paved, almost every horse stands with his fore feet in an unnatural position, almost resting on his toes : the pain of this, especially to a tired horse, must be very considerable : and it is very probable that per- manent injury is often occasioned by it, both to the foot and the joint. Due attention should be given to the admission of sufficient light : the eye is seriously affected by sud- den change from darkness to light. Everybody has heard the story of the Bastile prisoner, struck per- manently blind by sudden restoration to the light of day ; for everybody has heard some juvenile platform orator, wlien asserting the natural right to liberty. IN SEARCH OP A HORSE. 187 entangle himself in this unlucky illustration, till he has locked himself up too close in the Bastile to find his way out again ! But everybody does not know that after the operation for the cataract, the great anxiety of the surgeon is to exclude the light : the patient being kept in a dark room for a week or two. It is precisely on the same principle of abrupt change being mischievous to the eye, that I condemn the practice of leaving a stable in partial darkness. I have frequently seen horses brought out of a place as dark as a coal-hole, into the sudden glare of the Bun, and give visible indications of the pain and in- convenience of the abrupt transition. Some of the stables at the Swan with Two Necks, Lad Lane, are under ground, and I have occasionally watched the poor animals led out into the street on a fine day, when they have for the first few minutes been so dazzled as to run against the pole of a coach : nothing is more likely to occasion chronic inflamma- tion of the eye. It is also difficult, if not impracti- cable, to keep a stable clean, when the light is so sparingly admitted ; at all events it cannot be seen whether this duty is discharged ; and I know from long experience, that the class of people usually em- I' 188 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 189 1 ployed as ostlers and helpers, are, of all servants, those who require the most vigilant surveillance on the subject of cleanliness. These remarks are however only partially useful to the individual who keeps a single horse, or only a pair for occasional use. He must take his stable as he finds it ; but even in his case much may be done by personal attention, to keep it in an airy, dry, and comfortable state. His first duty should be to insist rigorously on cleanliness. Whenever he enters he should notice whether everything is in its proper place ; he should allow of no manure being piled up in corners ; no dark receptacles for old brushes, pots of oil and .pots of porter ; no broken halters here, and disabled pitchforks there. If the smell is pun- gent and offensive, severe reproof should follow ; for it is clear that the manure has been allowed to accu- mulate, though, in expectation perhaps of his period- ical inspection, the floor appears clean and tidy. When the horse is absent at his work, the groom should be required to make a thorough lustration ; and where the absence is expected to exceed the night, the opportunity should be taken of washing out every part with water, and scouring the rack and manger with a scouring brush. These precautions, and opening the windows regularly when the place is empty, will materially tend to keep even the smallest box in a healthy state. It is very important, how- ever, not to let a stable become damp ; and this in- convenience is more easily avoided than people commonly suppose. Hunting or training stables should of course be so constructed as to allow of being warmed by flues or pipes of steam : but where these expensive resources are wanting, it is easy to keep a lamp or candle constantly burning (always in a wire lantern suspended from the ceiling), and this will dry almost any stable in four-and-twenty hours. This precaution in a harness room will often keep harness from injury for years. The economy as well as the cleanliness of a stable is much promoted by due attention to the litter. Idle grooms will frequently allow the litter to remain from one end of the week to the other, sprinkling over it a handful of clean straw for the bed at night, or (to keep up appearances) during the day. Nothing is more injurious to the horse's feet than thus con- stantly standing upon a hot-bed. It makes the hoof brittle, dries up the sole and destroys its elasticity, 17 r 190 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 191 :tHI cankers the frog, and impedes the perspiration of the legs : it is also a common cause of grease and swelled legs. If, on the other hand the dung is regularly re- moved, and the dry and clean straw carefully sepa- rated every morning, and placed under the manger till wanted, th^ stable is free from unpleasant smells, and about half the quantity of clean straw will be consumed. The quanity of straw allowed in cavalry barracks is very small, compared with the average consumption in private stables ; and yet it is uncom- mon to find the litters dirty, or the stables unwhole- some. Grooms are very jealous of reproof upon these points ; but I have found that systematic disci- pline good-humoredly enforced at the commencement, will ultimately maintain itself without much subse- quent trouble : in fact, when once accustomed to this order and cleanliness, the men feel the comfort of it, and continue it for their own sakes, if not for the horse's. Proper ventilation is a most important point to keep stables healthy, even where cleanliness is habitually practised. The first duty of every, morning is, of course, to dress the horse : unless it rains, this process should never be allowed in the stable. The horse should always be led out into the yard : a horse can never be properly cleaned in his stall; the dust settles upon him again, and dirties the stable, the harness, and.everything else. Independently of this, it tends to mak9 a horse vicious in his stall. Few horses that are possessed of much spirit, like a proper, dressing ; they generally plunge a little while under- going the operation, and in the confined space of the stall they may seriously injure themselves, even if the groom is dexterous enough to escape. It also makes them restless and suspicious of approach in the stable, and it is undoubtedly the first cause of crib-biting. If a horse appears to suffer very consid- erably under the curry-comb, it should be examined, to see if the teeth are not too sharp, and of course, if found to be so, they should be filed down or an old comb substituted. Some horses are more tender in their skin than others ; this is soon perceived, if they will not submit even to an old worn-out comb ; in this case the patent brush, with uneven bristles, should only be used. Nothing contributes so much to the comfort and health of a horse as regular and thorough grooming. I believe that they are very liable to be infested with a species of lice; but 192 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 193 It whether this is so or not, the heneficial effect of good ruhbing down is soon visible in the general vivacity and appearance of the horse. Grooms are naturally averse to more of this trouble than they can avoid ; but, without standing over them, it is easy to dis- cover if they have done their duty, by drawing the hand, or a white handkerchief, over the horse's back ; if a quantity of dust found, it should be a matter of severe rebuke. An essential part of grooming is to rub down the legs, especially the back sinews, with the hands. You may at once detect an idle or inexperienced groom by the way in which he sets about this part of his business ; he will stoop down, or at most kneel on one knee, and pass the hand half a score of times over each leg, and then rise in stupid admiration of his own industry ! An old hand, on the contrary, fairly seats himsejf on the litter, and sets about it in, good earnest, as a very laborious, but at the same time very important operation; nor will he leave a leg till he has devoted at least ten minutes to its service. I never fully appreciated the importance of hand- rubbing to the legs, till I happened one day to be conversing with a man who had been sent out to India, in charge of some valuable horses. I asked him \iOVf he contrived to give them exercise on board, or what substitute he found for it. He in- formed me that he had a helper for every three horses. The animals were partially suspended in slings all the voyage, so as to remove as much weight as possible from the limbs ; and in this posi- tion, it was the principal duty of the helpers to rub down the legs of each horse with the hand, for two hours every day. He added that the effect of this treatment was such, that they arrived with legs as clean as if they had enjoyed daily exercise, and were fit for work within ten days after their arrival. A good hand-rubber cannot be essentially a bad groom. Whenever it is necessary to wash a horse's legs, it is best to do it in the morning. Most grooms act on a different principle, and wash them the moment they come in. I am satisfied that this is a bad prac- tice. When the roads are very dirty, and the wea- ther very wet, the legs being thoroughly soaked already, a washing can do no more harm : but to deluge the legs with water, the moment a horse 17* 194 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 195 III enters the yard, heated with exercise, is to my mind as unnatural and absurd, as to jump into a shower bath, after playing an hour at cricket. If one could be assured that the legs were carefully rubbed after- wards till dry, so as not to leave a drop of moisture behind, though I should still think the habit inju- rious, it would be less objectionable ; but the hour of' the day when the horse returns, is usually that at which the groom begins to feel fatigue, and there- fore it is unreasonable to calculate upon this extraor- dinary labor ; and even if it were given, three legs must remain wet while one is rubbed dry ; the rapid evaporation would make them cold and chilly, and effectually destroy the animal's comfort for the next six hours. My plan is to have the legs carefully rubbed down with straw, and then brushed with a dry brush, to remove as much dirt as possible : after this, a good hand-rubbing should follow, and the next morning, when the horse is cool, they may be washed as clean as soap and water can make them. The feet, however, should be carefully picked out, and the soles washed immediately a horse leaves the road. A blockhead once left my horse standing with a stone in his shoe all night, and the next morn- ing came with a long face to tell me that the animal was lame! but he never mentioned the cause, nor should I have discovered it, had not the same stupidity left the stone and the picker lying in the litter. The clothing of the horse must depend upon habit ; if he has always been accustomed to heavy cloths, they must be continued ; but my own prac- tice has been, to limit them to a light rug, except in the severity of winter, and then I allow them two. It is customary, when a horse comes in, to cover him ^ith his cloth long before he is cool. I do not con- demn this habit if the roller is not put on ; if it is, the horse will not be cool for some hours. It is scarcely to be expected that a groom will go on with the dressing till the hair is perfectly dry: and espe- cially if the coat is very thick. It is a work of at least two hours to rub a horse dry after a long sweat. After half an hour of fair rubbing, let the cloths be put on ; in a very short time the horse will " break out" again, and then he should receive a second rubbing; he may after this be covered with a differ- ent cloth, (the first will have become damp,) and may be left to himself with safety. 196 THB ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSB. 197 Hi II I A custom of clipping horses has sprung up within the last five years. It certainly appears, at first sight, a barbarous system, thus to deprive a horse of the warm covering that nature has given him, and it was long before I was reconciled to it ; but I must acknowledge that I have found it beneficial, so far as my experience has gone. The animal becomes ra- pidly dry after a quarter of an hour's dressing, and will begin to feed immediately ; while the undipped horse, even with the best grooming, will sometimes remain wet for the whole night, and feed with com- parative reluctance. The best proof of its utility is, that most horses are improved in condition by it. It must not be forgotten that the whole life and state of the animal are essentially changed from their natural order ; and therefore, a treatment which may appear very contrary to the provisions of na- ture, may nevertheless, be suited to his artificial ex- istence. When a horse is first turned out to grass, ho will gallop about the field for a long time toge- ther, and will appear to take violent exercise ; but on close observation it will be found that he never indulges in his gambols till he sweats. His coat is always dry, and of course contributes to warmth; when, however, he is at work, a profuse perspiration is generally brought on ; more or less, certainly, in proportion to the vigor or debility of the animal ; but still he always sweats. Let it be borne in mind how evaporation conduces to cold: a fact easily proved by any body who will pass a wet towel over his own face, and then stand at an open window. This easy experiment will enable him to judge of the chilly and uncomfortable feeling of a horse standing, perhaps in a draught of air, while his hide is thor- oughly wet from perspiration. Great care should of course be taken, in the clothing of a clipped horse. It is a very judicious practice, to bandage the legs in flannel rollers, especially after severe work. They should be applied with an even, and rather a tight pressure to the limb, from the pastern to the knee. The daily exercise is a point to which the owner's attention should be constantly directed. Where the horse's stated labor is sufficient, so much the better ; but if the work is irregular, a horse ought never to have less than a fair hour of moderate exercise every morning. No horse will thrive without it. There is no necessity for sweating him, unless he is wanted 198 THE ADVENTURES OP A GENTLEMAN for the field : but still he should be put through all his paces. The effect of exercise is not merely to prevent swelled legs and tender feet, but to insure his ability to work when required. A man may judge of this by his own experience. If he is fond of shooting, he must have often found that for the first week in September he returns home weary and exhausted, fitter for his bed than his dinner: the second and third week he recovers his powers, and can converse all the evening, though he may have followed his game with ardour all the day. A post- horse, or a machiner, will often eclipse the per- formances of the best-fed horse in a dealer's stables. I recollect, at the age of sixteen, riding a post-horse nearly as old as myself, above sixty miles in less than nine hours, and he came in almost as fresh as when he started. I felt ashamed of being seen on the back of such a lath-like, worn out, famished hack ; but it was a case of necessity, and I had no alterna- tive. When he brought me home so gaily, I felt as proud of him as I was before ashamed ; and I will answer for it, that not one in twenty of the high-fed cattle of our London stables would have dohe half the work, simply for this reason — that they want that vigor which exercise alone can impart. IN SEARCH OF A HORSE. 199 A very important duty of the groom is stopping the feet at night; it is not necessary to do this every evening, but every alternate evening it is desirable. A mixture of clay and cow-dung is the usual and the best stopping ; the effect of it is to keep the feet cool, and the horny substance of the sole and frog moist and elastic. Any man who doubts this, can easily satisfy himself by leaving one foot open for a week or ten days, and stopping the other; he will at the end of that time, perceive a sensible difference between them. Where the crust of the hoof is natu- rally dry and brittle, it should be dressed externally with tar, especially in hot weather. I have for many years, at the suggestion of Mr. Sewell, adopted the plan of shoeing my horses with leather. I am not prepared to say that in all cases it will answer, though I have never found an in- stance in which it has proved injurious. It not only supersedes the necessity of stopping, but it protects the feet from bruises, and picking up stones ; it also has another advantage, which I conceive to be very great. It enables the frog to sustain the pressure on the foot without the least risk of injury, and spares the leg the violence of the jar, always occa- li If ~s'£i''V.t l200 THE ADVENTURES OF A GENTLEMAN sioned by rapid action. If a man stamps on the pavement with an iron-heeled boot, a considerable jar will be felt, producing an unpleasant sensation in the whole limb ; and this too, notwithstanding the thick layers of leather of which the heels of our boots are composed : if, however, he places a piece of leather on the pavement, he may stamp with all his power, and no such sensation will be perceived. To a certain extent the same relief is given, by in- terposing a thick plate of leather between the hoof and the shoe of the horse. How far this illustration may be found satisfactory, I know not ; but the fact is undoubtedly true, so far as my experience has gone, that my horses have never become " groggy" when shod with leather, though I have never been particularly sparing of work. The diet of horses is generally so regular and uni- form, that all comment upon it seems superfluous. So many feeds of oats, a given quantity of water, and a rack of hay morning and evening, are the stated allowance in every stable. It is not, however, quite a matter of course to be left to the discretion of the groom. I very much fear that no rules which can be given, will effectually preclude the waste and IN SEARCH OF A HORSE. 201 pilfering of the master's oats ; yet even on this point a little personal attention will prove a better secu- rity than is commonly supposed. It is necessary to ascertain in the first instance whether the horse is a good feeder or not ; and this is easily done by ob- serving him two or three times ; if he does not feed well, he will not consume more than three feeds a-day, and this will enable us, by a little calculation, to judge whether the corn bill is larger than neces- sary : if he feeds well, four feeds is a fair allowance ; but I am sorry to say, that in far the larger number of livery stables, the bait during the day must be reckoned for nothing. The corn should be given as nearly as possible at regular intervals, and never more than a quartern at a time. Horses will often eat up a double feed with apparent appetite, but they rarely digest it : the oats should be old, clean, and above all, free from any musty smell. It is not easy to an unpractised eye to judge of their quality by a single sample ; but by comparison of different samples in the chandler's shop, the appearance of good oats soon becomes familiar. It will save a considerable waste to have the oats bruised in a mill : the cost of one is only fiye or six 18 202 THE ADVENTUEBS OF A GENTLEMAN IN SEARCH OP A HORSE. 20S iiit! ponnds ; the trouble of it nothing. I was never aware of the quantity of dirt and impurities to be found even in clean oats, till a friend recently show- ed me the siftings of his bruising mill ; such rubbish in the stomach of a horse cannot but be most inju- rious ; the principal object, however, in bruising the corn, is to assist the mastication, and of course, the digestion. The oats frequently pass through the stomach and bowels, without being broken, especially in horses that are fast feeders ; I think it is no ex- aggeration to say, that three feeds of bruised oats will convey as much nutriment to the animal, as four that are not bruised. In the country and in large posting establishments, where the labor of the mill would be inconvenient, the same end is gained by mixing the oats with chaff. It becomes impossible for the horse to bolt his food when thus mixed, and the mastication being slower, is more com- plete. Where chaff is required in large quantities, I can suggest an ingenious method of cutting it, practised by an intelligent friend of mine, Mr. Cleeve, formerly the proprietor of one of the princi- pal dairies in London. He has constructed a tread- mill to work the chaff cutter; it consists simply of two old gig-wheels, to the fellies of which steps are nailed, and by aid of an iron crank attached to the axle, the machine is easily and rapidly worked, at one third the expense of manual labor, and in less than one third of the time. He used to keep several hundred cows and horses, and of course consumed large quantities of chaff: he told me that the whole cost of erecting it did not exceed ten pounds. Mr. Cleeve farms on a very extensive scale, and he in- forms me that he ha« used a similar mill very advan- tageously in threshing his corn. He applied it to this purpose in the first instance, as a convenient resource for paupers who complained of want of work! It cured all complaints, but latterly the laborers have rather fancied the occupation. To return from this digression. Beans or pease are often given with the oats, and when a horse is travelling, or engaged in severe labor, this is judi- cious; some horses, indeed, when accustomed to them, will refuse their oats without them. Whenever, they are given they ought to be split : old horses often cannot masticate them, and young horses, when hungry, will not take the trouble. One or two handsful in a quartern of oats are quite sufficient. With this allowance of corn I should never fill the 204 THE ADVENTURES OP A GENTLEMAN IN SEARCH 0? A HORSE. 205 rack above once in fonr-and-twenty hours ; twelve pounds of hay per diem is a fair allowance. A gen- tleman, distinguished for his practical knowledge of farming in all its branches, but who will not allow me to mention his name, has recommended me to give my horses daily, half a peck of the first year's shoots of French furze, well bruised ; he commends it as highly improving to the coat, and , generally favorable to the condition of the animal. I have never tried it, but I have such implicit confidence in the judgment of my friend, that I have no hesitation in advising a trial. If I were at liberty to mention his name, it would carry far greater weight than my opinion. A horse is usually stinted in his water, except at night ; on what principle I cannot discover. Imme- diately before violent exercise, much water is inju- rious : but a horse will only drink to excess, when he has been long deprived of water ; if he is allowed to take it frequently, he will not indulge himself in large quantities: grooms and ostlers always seem to forget that his sobriety far exceeds their own. It is best to choose water that has not been recently drawn from the well, for in summer time its temper- ature is very cold. When a horse refuses his food in travelling, the day's journey should cease, and it will be well to mingle, meal with his water, and give it him slightly warm. This will often restore him to his appetite, and enable him to resume his work the next morning without difficulty. He should never be urged to go more than twenty miles without a bait. I generally stop for half an hour or forty minutes every fifteen miles, and never found that I lost time by doing so. I have picked up many a useful hint in the management of a horse on the road from commercial travellers ; some of them are worth inentioning to those who, like myself, cannot always afford the luxury of a servant upon a long journey.. They may seem common-place to many who are familiar with the subject, but I write ex- pressly for readers of the opposite description, and they will thank me for such details. Even the relief found by both horse and rider in occasionally dismounting at long hills, whether in ascending or descending them, seems forgotten by gentlemen travellers. Yet, when the journey is long to trot a tired horse up hill is cruelty, and sometimes occasions him to throw a curb : to ride rapidly down 18* il 206 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 207 ' t I hill, shakes his fore legs, and not unfrequently throws the rider. As then the walk is indispensable, and no time is lost, the weight may as well be removed by dismounting. Another of my travelling rules is to give my horse his water at some pond on the roadside, a mile or two before I stop to bait him. The subsequent exercise prevents its being injurious to him in suddenly check- ing perspiration ; while by deferring it, as is usually done, till he has been dressed, he is kept suffering from thirst for an hour or two, and of course refuses his corn. It so rarely happens that gentlemen try their own powers by long-continued and severe exer- tion, that they are not very capable of appreci- ating the suffering occasioned by real thirst. When I was many years younger, it was no uncommon oc- currence to me to walk forty or fifty miles in a day ; sometimes even sixty. The relief afforded on such arduous amusement, by an occasional glass of ale, is unspeakably great, and I judge of my horse by myself: but I regulate him by the same rules, — I allow him frequent «ijp», but never indulge him in ample potations till night. It is yet more important to superintend both his dressing and feeding, when he arrives at an inn. I never trust this to an ostler, nor even to my own servant. I stand by, and watch the whole ceremony. Good policy as well as humanity dictates this precau- tion ; for of all the annoyances to which a traveller is subject, none is more intolerable than to find his horse disabled, probably by a chill (as it is tech- nically called) at a dull country inn. Three days' penance, gaping at a well-thumbed, greasy, provin- cial newspaper, threading the dirty, smoky passages from the coffee-room to the stable and back, in fever- ish impatience for the hourly bulletin ; prosing con- sultations on drenches, balls, and diuretics, with the village cow-leech; muzzing over a gloomy fire, amidst fumes of stale tobacco, or the unsavory nose-bag of a farmer's ordinary on market day; fumbling the fingers in the breeches pockets, in sad anticipation of landlord's farrier's and ostler's fees absorbing all their contents :— such are a few of the miseries, all of which might have been saved by a little self-denial in postponing your own dinner to your horse's, and in attending to his animal comforts in preference to yourself. It is not enough to order the corn, or even to ex- amine its quality, and see it given ; the traveller 208 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 209 must see it eaten. Eve» where ostlers are honest, their guests are often knaves. Before I was duly sensible of the value of these precautions, I one day noticed that 'my horse had made very rapid work with his feed. I had seen the oats put into his manger, and had been engaged about five or ten minutes in conversation with the ostler in the yard. I knew that the animal required, at the least, five- and-twenty minutes to finish his corn, when mixed with chaff, yet on returning to his manger I found it all gone. I told the ostler my suspicions, and he was not less anxious than myself to detect the culprit. I ordered him to bring another feed, and a handful of nettles : I also bought a little cow-itch at a druggists' shop in the town. We put the whole unobserved into the manger, and tied the halter to the rack to pre- vent the horse from reaching the oats. We then retired, and the trap succeeded. A gentleman's ser- vant was attending a pair of qarria^e horses in the same stable. In less than ten minutes the rascal came out swearing in no measured terms at the " cockney fool that fed his horse with nettles," and rubbing his hands with a grin of horror mixed with pain, that gave me infinite satisfaction. I immedi- ately tendered him the kindest advice ; " a mixture of nettles and cow-itch was the finest diet in the world for a coach-horse on a journey !" When I mentioned the cow-itch I thought the fellow would have gone mad, and not without reason ; some of the spicula had attached themselves to the cuff of his coat, and I doubt not they tickled him to some purpose for a week after ! I have already observed on the expediency of giving a horse that shows symptoms of distress, a^ gruel drink ; but sometimes these symptoms are too severe not to require further aid. This is almost the only case in which cordials can be administered with advantage : where a horse exhibits signs of being " done up," completely exhausted by severe exertion, I should not hesitate (though I believe it is contrary to the opinion of many experienced judges,) to give him a bottle of good sherry : but this certainly would be wrong, after any of the inflammatory symptoms of a chill have shown themselves. In that case prompt and free bleeding only can save the horse, and any cordial is decidedly injurious. The state of the pulse will usually indicate the existence of inflammatory action. It is necessary to inform the inexperienced that the only place where the pulse can be felt to advantage, so as to discriminate the sensation with i 210 THE ADVENTURES OP A GENTLEMAN, ETC. accuracy, is under the jaw, where the sub-maxillary artery can be pressed against the bone. As the position of this artery is only known with certainty by the anatomist, it may guide the touch to direct the finger along the inside jaw, a little above the edge where it begins to decline downwards, gently press- ing it against the jaw till the pulsation is felt. By doing this two or three times, any man will soon dis- cover the exact spot where he should feel for the pul- sation. In a healthy horse, the intervals should be about 40 or 45 per minute. When it exceeds this by ten or twelve pulsations, the horse is not well ; but the circulation may be momentarily accelerated even to that extent, by sudden alarm ; it is there- fore expedient to approach the horse quietly, and to caress him for a minute or two at first, if he shrinks from approach. If the pulse exceeds sixty, prompt and scientific attention is indispensably required. CHAPTER XIII. These general rules for the treatment of a sound or weary horse are of easy application ; they require nothing more than a little attention from any man of common sense. It is not so easy to advise an un- skilful man how to treat an unsound horse, and yet there are general suggestions that may deserve atten- tion even on this head, if he is so circumstanced as not to have easy access to an intelligent farrier. In London, every man who keeps a horse habitually, should subscribe to the Veterinary College ; for the trifling fee of two guineas annually, he is assured of having' a sick or disabled horse treated with all the skill of which the present state of veterinary science admits ; and he is equally certain that disease will not be prolonged to swell the length of a farrier's bill. Indeed the first point which ought to be con- sidered, is generally the last that ordinary farriers 212 THE ADVENTURES OF A GENTLEMAN ever suggest to a customer — whether the horse is of sufficient value to be worth the expense of a cure. I have myself before now paid fifteen pounds for the cure of a horse that never was worth ten ; but I never committed the fault a second time. I offered the man the horse in discharge of his bill, but he laughed in my face at my simplicity. It often happens, however, that no farrier is at hand, at least none that knows more of his business than the horse itself. In such cases, all that can be done is to observe some obvious principles, which at all events can do but little harm. If the horse be- trays great pain, and especially a difficulty of breath- ing, copious bleeding should be resorted to without delay, and it is far better to bleed once very freely, than several times at intervals. Inflammatory action is often arrested by bleeding largely in the first in- stance ; and when once arrested, all the distressing symptoms are speedily relieved ; but so rapid.' is the secretion of the blood, especially in inflammatory disease, that four or five times the quantity ab- stracted, if taken away in several successive opera- tions, win produce little or no effect compared with the loss of four or five quarts at one time. It may IN SEARCH OF A HORSE. 213 safely be assumed, that wherever acute pain is indi- cated, inflammation obtains : and as the symptoms of pain are very unequivocal in a horse, an easy guide is thus given as to the necessity of bleeding. K febrile symptoms appear, the same step may be taken, but not to the same extent. The symptoms of fever are not characteristic of pain, though the breathing is often affected. In a febrile affection, the horse is languid, his coat loses its even, glossy appearance, and becomes what the grooms call "staring;" the legs and feet are cold, and the ap- petite is gone ; the bowels are usually confined, and the general look of the horse is rather what one would describe as miserable, than restless and uneasy. In such cases I should recommend frequent, but not copious bleeding, and the bowels should be opened by purgative medicine : two drachms of aloes is a suffi- cient dose, to be repeated every tensor twelve hours, and if they fail to operate, a clyster would probably prove of service : the stable should be cool, and the horse kept warm by extra clothing. Ilis legs should be well rubbed, and bandaged with flan- nel rollers. Whenever the severe symptoms, whether of in- 19 I 214 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 215 flammation or fever, are subdued, anxious attention should be given to the horsp's diet. Gruel and bran mashes will keep the bowels slightly relaxed, and should be continued till he shows signs of returning appetite ; but some time should be suffered to elapse • before he is indulged with his usual food. It is no uncommon thing for the owner to abandon the case as hopeless, when he sees his horse sponta- neously lying down. I believe this to be a great mistake : a horse, in great pain, will lie down and roll himself about; but I have often heard it re- marked by very experienced men, that, unless to re- lieve himself, where the legs or feet are injured, a horse that is ill will continue standing as long as his strength will permit; it is considered a favorable sign if he lies down on the litter, without being com- pelled by actual debility ; and it follows of course, . that instead of relaxing exertion, all the remedies should be pursued more actively to save him. In cases of recent local injury, fomentations, poul- tices, and local bleeding, are generally serviceable ; this is particularly the case in strains of the back sinews or accidents to the foot. It is very important in such cases to watch closely the operations of the country farrier; fomentations, and even poultices are troublesome, and therefore not continued, even if at first adopted ; to a recent wound in shoeing, or treading on a nail, Friar's balsam may be usefully applied ; but where the wound is severe, this or any stimulant will increase the inflammation to a mis- chievous extent. The horn (if the wound is in the foot) should be pared away, and the place poulticed. Lameness occurring soon after shoeing should always excite a suspicion that the sensible sole has been pricked, and in such a case it is obviously impolitic to consult the smith by whom the horse was shod. In applying a poultice, it is a common practice to tie it tightly round the foot or legs with strings. This is injurious : a worsted stocking is a very con- venient bag, and may easily be kept on by apply- ing another stocking to the other foot, and passing a roller over the withers to connect the two. Any tight ligature round tho leg is injudicious, if it can be avoided. Where any place is galled or swelled by the saddle, or the harness, fomentation is the best of all reme- dies ; should any abscess be formed it should be opened and kept open by a seton, till the matter is 216 THE ADVENTURES OP A GENTLEMAN ! entirely discharged. A kick or a bruise should re- ceive the same treatment if the contusion is consider- able ; and especially in the case of broken knees. In this case a horse is often more blemished by the treatment than by the accident itself. If the joint is much injured, a cure is generally hopeless; it would be more humane as well as more prudent to destroy the animal at once ; but if the wound does not aflfect the joint, (and on this point the farrier alone can give certain information,) it should be carefully and tenderly washed out with a sponge and warm water, and then poulticed for two or three days ; and after this the inflammation will probably have subsided, and ointment should be applied ; not gunpowder and grease : every country blockhead re- commends this to promote the growth of the hair ; it has no such effect, and on the contrary, it often irritates and retards the cure of the wound. Lard alone, or with a little mixture of alum, will be much better ; care, however, should be taken to apply the ointment in the direction of the hair; otherwise when the cure is effected, the hair will grow in an uneven or inverted form, and will make the blemish more apparent. I IN SEARCH OF A HORSE. 217 In all cases of strains, local bleeding and rest are indispensable; where the back sinews are affected, rest can only be secured by a high-heeled shoe : after all inflammation has disappeared, absolute rest, even for a considerable time, is requisite to a cure : if the part is enlarged, stimulating lotions, such as harts- horn and oil in equal proportions, and even blister- ing, may be beneficially applied ; I have not, how- ever, much faith in any remedy but absolute rest ; and even after months of quiet, I have great doubts whether severe strains, accompanied as they often are, by a fracture of some ligament, admit of a per- manent cure. In the early stages, an emollient poultice of linseed and bran should be applied to strains of the leg, whatever part of it may be injured, and the horse's diet should be changed. If by this treatment the horse apparently recovers the use of the limb without pain, the high-heeled shoe may be removed, but he should not be put to work for some weeks ; he should be turned into a loose box, or a straw yard, and indeed this should be done in every serious case of local injury or internal disease. These general hints may assist a man in directing^ or at least superintending, the care of a sick horse in 19* I ■I I 218 THB ADVENTURES OP A GENTLEMAN, ETC. doubtful hands ; but I only offer them as deserving attention in this extreme case, for, varying the proverb a little, when a man is his own farrier, his horse has a fool for his master. i CHAPTER XIV. I HAVE only casually adverted to the tricks and vices of horses. They are so frequently occasioned by the tricks and vices of the owner or his groom, that a chapter on humanity and good sense would be most appropriate to the subject. It may be taken as a sound principle that vice may be easily prevent- ed, but rarely can be cured. Rearing, plunging, kicking in the stall, bolting, biting, and all the black catalogue of equestrian vexation, are tricks never forgotten when once acquired. A bold and clever rider will often subdue a restive horse into tempo- rary docility ; indeed, when once the mastery of a horse is effectually attained, he will be very cautious of entering into any personal discussion, but he will make up for his self-command the instant a new rider is on his back. The mill or stage is the only place for such an animal. I have occasionally met with i I 220 THE ADVENTURES OF A GENTLEMAN young gentlemen, {very young,) who ajffect to prefer " a brute with a queer temper," because he will " do most work." These pinafore riders " never find the horse too much for them,'" — " He goes very quietly with me /" a peculiar emphasis being care- lessly as it were lent to the pronoun, as if less by way of marking the skill of the rider, than the oddity of the horse. When I hear this, I set it down as of course, that the speaker has never been on horseback a second time in his life, or at all events, never mounted a second horse. It is digressing a little from the subject, but I cannot resist the temp- tation of mentioning an adventure I had a few years since with a jacknapes of this description. He over- took me one afternoon riding home from the city ; he was mounted on a good mare, but with vice legi- bly written on her face. He was obviously uncom- fortable, and I advised him to dismount. "0 no! never liked a horse better ; she is rather queer to be sure, but I am riding her into order for a friend who finds her too much for him." I was not his nurse, so I said no more. Presently he dropped his stick ; I offered to hold the mare while he recovered it, but I found that he dared not dismount ; he could not be IN SEARCH OF A HORSE. 221 assured of reseating himself! I foresaw the catas- trophe. No sooner had I given him his cane than to show his courage, he applied it to his mare, and away she went like a bullet. To give chase to a runaway horse, is the unkindest service in the world. I followed at my leisure ; the youth was going to a dinner party, and I thought the worst that would happen, would be his arriving in time to cook the dinner. At Islington, an old woman was in modern phrase- ology, "flaring up" like a fury: an orange-barrow overturned, and oranges scattered to the winds, be- spoke the nature of her provocation : she had escap- ed by miracle. A hundred yards farther a coster- monger's cart showed symptoms of unwonted distress — cabbages, carrots, potatoes, strewed the ground, while the owner vented his indignant wrath in cor- dially wishing my unlucky friend might finish his career in the shades below. Misfortunes thickened as I traced his steps ; a mob at Battle-bridge sur- rounded the toll-collector : a good-natured attempt to close the gate had exposed his limbs to serious risk, though it had not saved his penny ; the man was quit for a bloody nose, and a fisherwoman for the trouble I I 222 THE ADVENTURES OP A GENTLEMAN .' of washing her soles a second time. I followed in dismay ; a quarter of a mile further, two stanhopes going in opposite directions had come in direct colli- sion ; four gentlemen were just recovering their legs, and gaping round in bewilderment at the sudden ap- parition of Tam o'Shanter the second ; their horses had taken fright at the clatter of the mare, and, em- ulating her good example, bolted too, and met in full career. At Tottenham-court-road the dandy's hat had taken leave. I tracked its owner, like a fox, guided by countless accidents, till I arrived at Pad- dington, and there, emerging from a bed of savory Blush, I found him ! He was in truth well equipped for the hero of a drawing-room ! "quantum mutatus ab illo Hectore." IN SEARCH OF A HORSE. 223 He had pitched head-foremost into one of those luscious quagmires which heretofore our road makers were wont to accumulate at the road-side. The mud formed a rich pomatum for his curly mop. The pil- lory could not have worked a more complete meta- morphosis. "Carry the gemman to the pump!" was the general cry, and certainly his folly deserved it. I called a coach just in time to save him from friends and foes, for on retracing my route, I encountered orange-women, costermongers, gentlemen, and fish- fags, all in full cry, like a pack of beagles ! There is no effectual cure for a restive horse. I have once or twice succeeded in the case of bolting, but it has only been by a severity of work that I can not recommend — by urging him to exhaustion. For a time it cures the horse, but it renders him unfit for work, or sale; and when his condition is restored, his vice returns with it : but prevention is easy ; the groom should never be allowed to tease his horses. A horse does not understand a jest; tickling or pinching him, worrying him in the stall, sometimes coaxing and then scolding him, dressing him while feeding, pushing or striking him with the fork ; all play of this kind leads to retort, which when it I 224 THE ADVENTURKS OF A GENTLEMAN if i ? becomes habitual, is incurable vice. But the groom alone is not in fault ; many of the minor tricks are taught by the rider. '^ A horse should be mounted steadily, but promptly, and when mounted, should be allowed to walk away quietly for the first hundred yards : instead of this, nothing is more common than to see a man, as soon as his foot is in the stirrup, apply the spur, and check the curb, to show off his horse's spirit. Thus he becomes irritable and impatient the moment he is led out of --the stable, and sometimes acquires a habit of rearing and plunging before the rider is well settled in his seat. Some thoughtless block heads can never pass a carriage, especially if ladies are in it, without the same ambition of dis- play ; hence the animal views an approaching car- riage as the forerunner of - punishment, and resists every attempt to pass it. Many who ought to know better, (I have myself been among the number,) challenge every stage they overtake ; eager to ** give it the go by," they put the horse to his speed, and the horse is taught a foolish and dangerous competi- tion, till his trot breaks into a gallop, at the sound of wheels. In harness, horses frequently acquire the IN SEARCH OF A HORSB, 225 habit oigihhing, or swerving from the direct line, by inattention to the collar ; if it galls the shoulder, or presses on the windpipe, as often happens when it has not been made expressly for him, he resists the draught ; when punished for resistance, he rears or kicks ; and if he thus vanquishes a timid driver, he will repeat the trick until it becomes habitual. The first repulse at starting, should lead to close exami- nation of the collar ; and indeed, it is a useful prac- tice, to see that " all is right" at every journey : un- sound rems or traces may lead to serious mischief, with the most quiet team. It is not out of place to notice the injudicious manner of many riders, in managing their bridle on hilly roads. I lived at Hampstead for several years ^-i\ ! 'J i [ 226 THE ADVENTURES OP A GENTLEMAN \ and had ample opportunity of observing this. It was quite proverbial among us that a man was not free of the road, who had not paid the penalty of three falls. I believe, that during my five years* residence. I was the only daily traveller upon it who could not claim this freedom. I never had a fall, and yet I rode my horse as freely down the hill, as up it. I attribute my good fortune to ray observa- tion of others. I noticed that every rider was accus- tomed to jog gently down, with a tight rein, and forward inclination of the body ; as if he was count- ing the stones before him, and speculating which was to throw him down. Nothing is better calculated to insure a fall ; if a horse's legs are so groggy as to make a tight rein necessary, he should not be ridden at all ; he is not safe on the most level ground ; but if his legs and feet are soilnd, he should be allowed his he$kd, and left to his natural pace ; the bridle should be firmly in hand, but the mouth need not be worried by constant bearing on the bit. So long as the horse goes freely, he will go safely ; he will of his own accord check his speed if he finds it dangerous, unless urged by unusual stimulus of punishment or competition. I have invaci&bly acted on this princi- IN SEARCH OE A HORSE. 227 pie, and found it safe : I think if some of my Hamp- stead friends were to adopt it too, they would not be obliged to purchase the " freedom of the road" at such a costly price. It is a principle, almost an axiom, in horsemanship, that the most fearless rider is the safest. I know of no instance in which it so truly applies, as in leaping or riding down hill. I have witnessed more falls in hunting from checking a horse at his leaps, than from any other cause ; and I believe for the same reason that he stumbles in descending a hill, when the bridle is tight in hand. It is very desirable to inform oneself speedily of any peculiarities in a horse that has been recently purchased. An -instance of the awkward predica- ment in which one may unexpectedly be placed by tricks, partly playful and partly vicious, lately occur- red to myself. I was mounted on a very good horse, but of a temper somewhat uncertain. He was well known to my private friends by the name of Caliban. I was proceeding leisurely from the House of Com- mons just at that period of the day, when the street is usually crowded by the members' carriages: the result was a complete blockade of the whole way as far as Charing Cross. I threaded the carriages sue- 228 THE ADVENTCRES OF A GENTLEMAN IN SEARCH OP A HORSE. 229 i -cessfully, till I arrived at New street, when Caliban was startled by the abrupt and hurried approach of a landau, passing two or three yards before us, directly across our course. He immediately retreated at speed, but with hi% face to the enemy ! I spurred, I flogged, I kicked him with all my energy, but in vain ; the more I spurred, the more resolutely he re- trograded ! I endeavored to turn him on either side but he caught the check of the bit between his teeth, held down his head, and defied me ! I would have given my ears for a plunge or a rear, for the eccentricity of the movement made me the laughing stock of the assembled mob : ludicrous misfortune, especially on horseback, has always an indescribable charm for the million ; good humor is the only remedy in such a case, and I laughed too, though with little zest for the sport. But my distress approached its climax. Caliban at length planted himself at the carriage door of a drowsky, fixed in the line of carriages, in which were four ladies, heartily enjoying my vexa- tion, if I might judge from a hasty glance at their lovely smiles : but if it was so, Caliban maliciously avenged me. Desperate with shame, and mad with the ridicule of the scene, I fairly buried the rowels in his side. I dare not describe the terrific consequen- ces ; finis coronat opas, ***** One fatal scream announced the catastrophe ; and Caliban, satisfied with the mischief he had perpetrated, danced off in the right direction, to the old tune of " the devil take the hindmost.'* I turned my head — not to laugh, I solemnly declare — but to take my hat, and apologize. It was however past apology ; white hand- kerchiefs were wiping away the falling tears ! another look would have been death. I decamped. The mob had new matter for fun, and I escaped un- scathed. Let my readers take a lesson to beware of a " horse wot backs," as he was then merrily christ- ened by the laughing bystanders! The lady that principally received the rude salute, was elegantly dressed in green silk. 20* CHAPTER XV. Before I advert to the very diflScult subject of "Warranty, I think a word or two upon horse auctions would not be out of place. There is something particularly attractive in an auction ; though the most deceitful of all markets, the purchaser takes a pleasure in being deceived. It partakes of the ex- citement of the gaming-house; yet the most sober people speculate in the sale-room without compunc- tion. The possibility that the auctioneer may speak the truth, (a bare possibility.it must be owned) the certainty that if he does, the purchase is cheaply made, the accidental bargains occasionally realized, though not more than twice in a thousand sales, and above all, the self-increasing stimulus of competition, the jealous fear lest the half-crown more of some less parsimonious bidder should make him the happy man, combine to induce a semi-intoxication of cupid- ity, that leaves a novice no chance of escape without THE ADVENTURES OP A GENTLEMAN, ETC. 281 remorse. Auctions ought to have been put down at the same time with lotteries; at all events, three purchases should qualify a man for Bedlam, without the aid of a commission of lunacy. I never but once bought at an auction without being cheated, and that only happened because the interest sold was of a nature so complicated and unusual, that not a man in the room comprehended its real value. There is, however, an essential difference between horse-auctions and all others ; it is not only the case, as I have elsewhere observed, that no animals are sent to them but such as it is morally impossible to sell elsewhere, but nineteen out of twenty of the buyers are hiograyhically acquainted with the quad- rupeds. Though horses of all descriptions are at times sold at every horse-auction in the metropolis, each yard has its peculiar trade. Sporting horses, vfhether for the field or turf, are the staple commo- dity at Tattersall's. Machiners, as they are called, that is, post-horses, or stage-horses, are generally found at Dixon's or Robinson's. Morris's, better known as Aldridge's,* is well supplied with trades- » This establishment has been transferred to Mr. Young of the Bazaar. I w 232 THE ADVENTURES OP A GENTLEMAN men's hacks ; and now that the Bazaar is closed, can often boast of the most miscellaneous collection of gentlemen's chargers, equally fit for the saddle or the stanhope, the park or the road! The motley crew who frequent these places are the same at every sale : and the bill of fare varies as little as the guests. " Very superior, well-bred, short-legged, up- standing, fast, young, seasoned horses, the genuine property of a coach-proprietor, reducing his stock," or of "a gentleman compelled by ill-health to give up hunting," among which will "assuredly" be found " some excellent buggy-horses, and a few with grand action for a cabriolet," and hot a few "equal to six- teen stone, up to any hounds." Such are the prizes; and all are warranted sound, quiet in harness, and free from vice. It is a pity that such valuable ani- mals should be so little appreciated ; but it is by no means for want of competent judges. The first spectacle that meets the eye of a novice is a collection of lumbering, antiquated, broken- springed, one-horse carts, congregated round the gateway of the yard, guarded by ragged boys, old- harness dealers, saddle-cobblers, and stick merchants. Groups of this description extend from the gateway IN SEARCH OP A HORSE. 238 to the next gin-shop, and are a sure indication that a horse-sale is going on in the neighborhood. You may safely elbow your way through them : the fre- quenters of the place rarely have enough in their pockets to make it a haunt for common thieves ; and if such an interloper dared show himself, he would infallibly be horsewhipped within an inch of his life, for the " credit of the trade." Your danger is far greater than losing pocket-money or handkerchief. I wonder that Hogarth never sketched a horse- auction, but perhaps they were unknown in his days: the characters would be worthy of his pencil :— some collected in a corner, some mounted on the top of a coach on sale, and others lounging near the stand ; huddled together in detached bodies of half a score, are seen fellows, such as you might take at random from the next row of hackney coaches. Their dress is as varied as the color of their carriages, yet with a dash of esprit de corps, immediately perceptible to the practised eye. One is equipped in a post-boy's coat, reaching to his ankles, with some half a-dozen pearl buttons scattered at unequal intervals down the lappels : a whity-brown castor, jauntin^y coter- ing one side of the head, with an orange handker- [..'V, 234 'I THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 235 chief transferred from the neck to supply the band, completes the jockey out of place. Another is a long, loose fustian jacket, out at elbows, buttonless and colorless, overlapping brown corded breeches, that adhere to his person without the aid of braces, by some chemical affinity as yet unknown to philoso- phy, bears the marks of annual migration from the stable yard to Newgate, and back again to summer quarters at Epsom or Newmarket ; — boots, that once had tops, approach within six inches of the knee, disclosing stockings that once were white. A third, of more aspiring pretensions, struts in the cast-off green frock and tight leathers of Sir John's whipper- in; a withered nosegay in his button-hole, and a dusky, tattered belcher round his neck. Patched stable-jackets, rough great coats, and here and there a butcher's or a farrier's apron, denote more or less, the wearer's habitual pursuit; but all are alike marked by certain characteristics of the sporting tribe ;— one hand is employed in sounding the empti- ness of the coat or breeches pocket, while the other, armed with a whip or small ash switch, sometimes applies it to the owner's boot, or horse's flank, and at others, presses it in profound meditation against the lips or forehead; a spur of formidable length adorns one heel ; and all, without exception, have the hat elevated, with a demi-cock, and the two lowest buttons of the coat or waistcoat unbuttoned. Such are your competitors at every horse-sale : now and then a stray gentleman, or one in the garb of a gen- tleman, may be seen threading his way through the dirty mob ; especially at Tattersall's, on the sale of a racing or hunting stud ; on these state occasions, they, in fact, constitute the mob. It is some small comfort to find oneself in clean society, but as re- gards all substantial points, the novice is as safely mixed with one herd as the other. I must not omit the auctioneer ; but description is difficult. Shabby gentility is not the phrase; yet his cut is always "shabby genteel." Were the coat made by Stultz, and the boots by Hoby, there is an indescribable peculiarity in the wear of the habiliments, that marks, not the gentleman, but the tolerated asso- ciate of ioi'disant gentility: — a vulgar would-be equality, recognized on the turf, and scouted else- where;— a "one of us" pretension, countenanced at Newmarket, half-acknowledged at Melton, but spurned within the purlieus of St. James's : a salu- i X- J' y >• I 236 THE ADVENTURES OF A GENTLEMAN tation of professional familiarity in the field, is no security against a place at the second table in Grosvenor Square ; and the consciousness of this, gives these indispensable patrons of horseflesh a sort of mock importance, on the strength of which they court the gay, quiz the stranger, and rule the canaille. These men, too, have the peculiar traits of their calling ; roguery and humor contend for mastery in their faces. The quick, yet wandering eye, the ele- vation of one angle of the mouth, not quite neutral- ized by the depression of the other ; the half-raised eyebrow, and slightly protruding tongue, well set oflf by a gentle inclination of the head to catch a reluc- tant bidding, stamp, the successful horse-auctioneer, so that you might recognize him among ten thou- sand. Add a complexion half-bronzed by weather, but glowing with habitual carousing, and the portrait is complete. Wine or spirits will produce the jovial tint, according to the caste of his daily customers. These I have already described ; I write only for accidental buyers, and one instance will suffice to put them on their guard. My compassion was much excited, the other day, on witnessing the fate of a young tradesman, appa- IN SEARCH OF A HORSE. 237 rently a tailor, who was anxiously examining every horse, and bid for several without success. He knew nothing about the matter, but he was come "to buy a horse," and a horse he would have. A marcj^ of some pretensions as to appearance, was brought to the stand : it was, I think, the sixth or seventh which took his fancy. She might be worth ten pounds; but, determined not to be forestalled this time, he at once offered ten guineas, and set the whole cortege gazing with amazement. They would not let him off so cheaply. "Ten guineas bid! she is worth fifty to any man; warranted sound, and quiet to drive. Run her down. Bill." Ere she had returned to the stand, the auctioneer had raised the biddings to fifteen. " Sound, and quiet in harness ; going for fifteen : I'd give forty myself. She's the best horse I've sold to-day: warranted sound and quiet — ^run her down once more, Bill." Bill laid the whip on well; the knowing ones helped him, and the mare returned in style : a little more, and her head would have tried its solidity with the auctioneer's. 21 I 238 THE ADVENTURES OP A GENTLEMAN I "Fifteen guineas bid. Sixteen: thank ye, Sir: tnist you won't have her for twenty; quiet to drive, carried a lady — Sound, Sir ? — There's not a sounder horse in the yard. What do you hold her that way for, blockhead? Run her down again.** She began to show lame, even in standing : but had she fallen on the spot, it would not have saved the poor tailor: he bid twenty guineas without demur, and she was knocked down to him forthwith. A precious pair were standing near me. **I'll be blest," said one of them, "if that an't the old mare that Jem Spinks used to drive in the four o'clock 'bus.** "No, sure not! she warn'fc blind! only a little groggy before." i IN SEARCH OF A HORSE. 239 " She warn*t groggy, by no means : very queer about the eyes, but Jem sold her because she kicked the splinter bar in two.** Blind, lame, and vicious! I thought it an act of common charity to tell the purchaser. He received, the news with horror: found no warranty in his receipt, and resold the brute ere he left the yard, for five pounds, twelve shilings, and six- pence ! Public sales are dangerous places for sellers as well as buyers. A learned barrister, well known in the literary world for his critical acumen, sent his horse to the Bazaar for sale by auction. Being well aware of the tricks of such markets, and dis- trustful of the honesty of any puffing agent, he attended the sale himself, and carefully noted the number of his lot in his pocket-book. He felt not a little pleased at the horse's spirited entree when ushered up the ride, and still more gratified at the auctioneer's ingenuity in painting his merits, though utterly at a loss to guess where the deuce he had learnt them. He had purchased the animal a week before for forty guineas, and hitherto had not discovered a single redeeming quality to com- Ill 240 THE ADVENTURBS OF A GENTLEMAN U r V il iU III pensate for fifty faults. The biddings were slack, however, malgrd the auctioneer. Five pounds — five pounds ten — six pounds — reluctantly dropped at long intervals. "This will never do," thought the learned gentleman, and by way of stimulating competition, he jumped at once to thirty guineas. The knowing ones stared, and promptly took the hint: in less than a minute the lot was knocked down to the novice himself at fifty guineas. He regretted outstanding his market, but consoled him- self with the comfortable reflection that at least he had learnt his horse's value, and had not been taken in by the dealer. "By your leave — make way there — stand aside gen'l'm'n" — and two or three rough salutations of sticks, whips, and voices, warned him of the rapid approach of the next lot. The learned counsel awoke from his reverie — rubbed his eyes — adjusted his glasses — gaped, and stared, and gaped again at the new comer, with petrifying suspicion. He turned, with fumbling agitation, to his pocket-book, and found that, mistaking the lot, he had puffed and purchased his neighbor's horse ! ! ! Having two worthless animals thus unexpectedly thrown IN SEAPwCH OP A HORSE. 241 upon his hands, be ventured on no more puflSng, but allowed his own to go at its just value, which proved exactly enough to buy him a new wig for the circuit. I have been let into the secret by one of .the frequenters of these places. I have no reason what- ever to distrust his information. As in commission stables, it is rarely the case that a horse enters the yard unknown to the jobbers about it ; and should it so happen, a friendly glass with the under ostler, or helper, will secure them full information; of course its value is at once known to a shilling. Should it suit any of the fraternity, he will be allowed to buy it somewhat under the mark — ^but a stranger must smart for his intrusion; unless known to be connected with the trade, the price is run up, without much hazard of loss to the jobbers. They buy, perhaps, a score of horses at the sale, and when taken away, each selects those which happen to be most suitable to his wants, and the aggregate price of the lot is equitably divided among them, according to their own estimate of their value. Thus, had the poor tailor been led to suspect his mare's blindness, by her running full 21* I t' -♦*' i 242 THE ADVENTURES OF A aENTLEMAN, ETC, tilt against the stand, and then given wp his bid- dings, the jobber who would have bought her at the next lowest bidding of nineteen- guineas, would have had half the price distributed among six or eight of his brother dealers, when afterwards set- tling the average of their respective purchases. The impossibility of buying fairly, in the teeth of such combination, is obvious ; nor would it much mend the matter, to employ one of these men as an agent : the chances are twenty to one that his opinion of a good horse would be far less fastidious than yours; and to secure his fee, he would assu- redly recommend some one in the sale: were it otherwise, he would run no better chance than a stranger, if his object, were discovered, and to conceal it would be difficult. Whether at a horse sale, or any other, set it down As a maxim, that an auctioneer cannot do otherwise than lie : " 'Tis my vocation, Hal." CHAPTER XVI. Next to buying a good horse, there are few things more difficult than buying good law ; but the greatest problem with which a plain man can puzzle his brains is to make law, whether good, bad, or indif- ferent, intelligible to an every-day reader. 1 have spent more time on the consideration of the following chapters than of all the rest of my work put toge- ther ; and though a lawyer by profession, and a jockey by taste, I confess that I entertain great doubts whether, even if I understand myself, I shall make myself intelligible to others : however, it is bad •policy to be craning over the hedge before you leap, 80 " have at it !" Of course, there are many points in which horse- dealing does not differ from any other buying and selling transaction ; it is governed by the same ge- neral rules as all trade in goods and chattels ; and I ft f II III 244 THE ADVENTURES OP A GENTLEMAN some of the cases to which I hereafter refer are only quoted to illustrate the principles on which these rules are founded. But with a view to systematic arrangement of the subject, I shall take.it up from its natural beginning, and consider very briefly the origin of these rules : they are essentially founded upon an act of 29 Char. II. cap. 3, usually called the Statute of Frauds. By the 17th section of this act, it is provided that no contract for the sale of any goods for the price of £10 or upwards, shall be good, except the buyer shall accept and actually receive part of the goods so sold, or give something in earnest to bind the bargain, or in part payment, or except some note or memorandum in writing shall be made and signed by the parties to the contract, or their agents, lawfully authorized. Bj another act, the 9th Geo. IV. cap. 14, the enactments of the last statute are extended to all contracts for the sale of goods of the same value, although the delivery of them may be intended to be made at a future time, or although the goods may not at the time of the contract be actually made or fit for delivery. It is clear that the cases likely to arise upon these sta- tutes, wiU turn principally upon what a delivery of m^ IN SEARCH OP A HORSE. 245 goods consists in, what amounts to an earnest or part payment, and what will constitute a memorandum made and signed by the parties or their agents. The question of delivery is the one which most usually arises in horse-dealing transactions; and I should define a delivery to be, any act whereby the subsequent power of disposition over the horse is transferred to the purchaser. It is clear that a delivery may be either actual or constructive : an actual delivery is a bond fide trans- fer of the property from hand to hand ; as where the purchaser receives the horse by his halter, and leads him out of the seller's stable to his own. But con- structive delivery is by no means equally intelli- gible ; the purchaser may have no stable, or it may not be convenient to him to remove the horse at the time when the contract is made ; and in the majority of instances, it is usual to leave the horse till a ser- vant can be sent to fetch it : in such cases the ques- tion arises whether a delivery has actually been made; and several decisions upon the subject are to be found in our Reports : the first to which I shall refer, is the case of Elmore v. Stone, 1 Taunton, 458 ; here the seller removed the horses which he I « Ifi III !*f 246 THE ADVENTURES OF A GENTLEMAN sold from the sale stable to his livery stable ; but in this and in nearly every other instance, I shall briefly quote the case, as I conclude that few of my readers will have a law library at hand, and it may be conve- nient even to those who have. Elmore v. Stone, 1 Taunton, 458.— "If a man bargains for the purchase of goods, and desires the vendor to keep them in his possession for an especial purpose for the vendee, and the vendor accepts the order, this is a suflScient delivery of the goods within the statute of frauds. It is no objection to a con- structive delivery of goods, that it is made by words, parcel of the parole contract of sale." The plaintiff kept a livery stable, and dealt in horses. He demanded 180 guineas for two, which the defendant refused in the first instance to give, offering a lower price. The offer being rejected, the defendant sent word that " the horses were his, but that as he had neither servant nor stable, the plaintiff must keep them at livery for him." The plaintiff upon this removed them out of his sale stable into another, and upon his afterwards bringing an action for the price, the defendant set up the statute of frauds, and contended that the contract was not bind- IN SEARCH OP A HORSE. 247 ing. Mansfield, C. J. assimilated the case to that of goods at a wharf or in a warehouse, where the usual practice is to deliver the key of the warehouse, or a note to the wharfinger, who makes a new entry of the goods in the name of the vendee. After the defen- dant had said that the horses must stand at livery, and the plaintiff had accepted the order, it made no difference whether they stood at livery in the vendor's stable, or whether they had been taken away and put in some other stable. It is clear from this case, that the buyer was acknowledged to possess the power of disposition, and the horses, by their removal into the livery-sta- ble, were intended to be subject to his order and con- trol; this therefore, was a delivery, although the seller did not in point of fact give up the actual pos- session of the goods sold. The next case to which I shall refer, will appear to an unprofessional reader to be somewhat incon- sistent with the former ; but, on the contrary, the authority of Elmore v. Stone, is expressly recognized. The difference between the two cases is fine, but may be collected from the observations of the Chief Jus- tice about to be cited. M 248 THE ADVENTURES OF A GENTLEMAN 1 Dowling and Ryland, 515, Carter v. Touissant. — " Plaintiff sold a horse to the defendant at the price of £30 by parole agreement ; the horse to be fired, and remain in plaintiff's possession until fit to bo sent to grass ; at the end of twenty-two days the horse was, by defendant's direction, taken to graze at Kimpton park, and there entered in the plain- tiff's name: it was held that there was no de- livery to, or acceptance of the horse by the defen- dant, to satisfy the 17th section of the statute of frauds." In this case the defendant went so far as to see the horse fired, and expressed his approbation of what had been done ; he also called several times to look at the horse, while it remained in the plaintiff's stables. The case of Elmore v. Stone was quoted, and it was observed by C. J. Abbott, that the cus- tody was of the same kind as in this case ; but that, in consequence of Elmore having consented to put the horse in another stable, and to keep it there at the defendant's charge, he had changed the character in which he originally held the horse^ and instead of holding him as his own, held him for the defendant as his livery-stable keeper. IN SEARCH OF A HORSE. 249 The exercise of ownership over the property sold, by re-selling a part of it, and the acquiescence of the seller in the subsequent removal of the part sold from his premises, also appear to amount to a constructive delivery; the following case will illustrate this po- sition : Chaplin r. Rogers. 1 East, 192.—" After a bar- gain and sale of a stack of hay between the parties on the spot, evidence that the purchaser actually sold part of it to another person, by whom, though against the purchaser's approbation, it was taken away, is sufficient to warrant a jury in finding a deli- very to and acceptance by the purchaser, thereby taking the case out of the statute of frauds." ♦ In this case, two months elapsed, during which the hay remained in the plaintiff's yard. Lord Kenyon observed, "Where goods are ponderous, and incapable, as here, of being handed over from one to another, there need not be an actual delivery, but it may be done by that which js tantamount, such as the delivery of the key of a warehouse in which the goods are lodged, or by delivery of other indicia of "property ; now here the defendant dealt with this commodity afterwards as if it were 260 THE ADVBNTUEE8 OF A GENTLEMAN 'k in his actual posBession, for he sold part of it to another person." The strictness with which the courts treat the question of delivery, may be gathered from the fol- lowing case ; Hodgson V. Le Bret, 1 Campbell, 233. — " If the purchaser of goods, at the time of sale, write his name upon a particular article, with intent to denote that he has purchased it, and to appropriate it to his own use, this is enough to take the sale, as to the article written upon, out of the statute of frauds; but not as to other articles bought at the same time." It should be observed here that the articles were at separate prices ; and I infer from this that each purchase was viewed as a separate transaction: the report of the case confirms this inference ; if, therefore, a seller sells the horse and all his furni- ture for one sum^ and delivers the bridle, or saddle, or even the halter, though he retains the horse, this would be a delivery within the statute ; or to put a more common case ; if the purchiifier were even to exchange the saddle on his own horse, and ride liway upon the saddle which he hjad purchased as a IN SEARCH OF A HORSE. 251 part of the furniture of his new horse, it would fall within the principle, and be an actual delivery, although he left his own saddle behind him. But if, on the other hand, the horse had been sold for «£50, and the furniture had been separately sold for 60«., this would not be one entire contract, and, consequently, the delivery of the saddle would not be a constructive delivery of the horse, and the bargain for the latter would be void, under the statute. In connection with the case of Hodgson v. Le Bret, the following also deserves notice, as show- ing that the distinctions on the subject of putting a written mark on the article purchased, are rather nice: In Baldey v. Parker, 3 D. and R., 220.— "Where ft person entered a tradesman's shop, and selected various articles, some of which he marked with a pencil, and others were cut from piece goods and laid aside for him, (the whole amounting to more than XIO,) and desired them to be sent home, and when sent, he refused to take them, held first that the contract was joint, and second, that there was no acceptance to take the case out of the statute of frauds. The case of Hodgson v. Le Bret was cited, t I ll 252 THE ADVENTURES OF A GENTLEMAN but no observation was made on it by tbe court ; and the tenor of C. J. Abbott's observation was, that there must be an actual transfer and handing over of the thing from the seller to the buyer, and a taking possession on the part of the latter. The former case of Hodgson v. Le Bret seems to be distinguished from this case, by the fact of the name having there been written by the purchaser on the goods set apart for him. Here, though a mark was made, the name was not written, and it was specially noticed by the court. I find in the "Law Journal," of the 13th of June, 1880, a case of Wright v. Percival, which is hardly reconcileable with Baldey v, Parker. The defendant agreed to buy a carriage from the plaintiffs. After it was finished, she went to their factory, taking with her a cover for the hind seat, and a set of traces, which the carriage had been made to fit. One of the plaintiffs told her that it was complete, and she got into it, saying that it was a very nice carriage ; she then desired the plaintiffs to order post horses to take it home, and added that she would call for it at half-past four in the afternoon ; she directed that the cover which she had brought for y IN SEARCH OP A HORSE. 253 the hind seat should be put on ; this was done in her presence, and agreeably to her directions. The afternoon proving wet, the defendant came again to the plaintiffs at five o'clock, and said that she should not take the carriage home that evening; she afterwards refused to pay the price demanded, and did not remove the carriage. It was held that this constituted a sufficient delivery and accept- ance. With respect to the sufficiency of a delivery of part, to take the case out of the statute, there is another case which ought to be noticed in con- nection with Hodgson v. Le Bret. It is the case of Thompson v. Macirone, 4 D. and R., 619. " Where goods to the value of £144 were made pursuant to order, but continued by desire of the vendee upon the premises of the vendor, excepting a part to the ' value of £2 10«., which the former took away ; held that there was no delivery and acceptance of the goods, within the meaning of the 17th section of the statute." Here, however, I collect that the bargain was not one and entire, but for the part removed as distinct and separate from the bulk. 22* t i' .111 254 THE ADVENTURES OP A GENTLEMAN The acceptance of goods by the buyer must be clear and unequivocal ; and a constructive acceptance will not be sufficient^ (See Nicholle v. Plume, 1 Car- rington and Payne, 272.) And in another case of Tempest v. Fitzgerald, 3 Barnwell and Alderson, 680, the necessity of a clear acceptance seems yet more decidedly laid down. A agreed to purchase a horse from B for ready money, and to fetch him away on a given day. Two days before that day, A rode the horse, and gave directions as to his exercise and future treatment; but requested that he might remain in B's possession for a further time, at the expiration of which he promised to fetch him away and pay the price ; the horse died before A paid the price, or took him away ; it was held that there was no acceptance of the horse, so as to make the bargain executed within the meaning of the statute. A delivery to a party named by the purchaser is a delivery within the statute ; and so is a delivery, without special directions, to a carrier, where the purchaser has been in the habit of receiving goods from the vendor by a similar conveyance, vide Hart v. Sattley, 3 Campbell, 528; and it would appear IN SEARCH OF A HORSE. 255 from Button v. Solomonson, 3 Bosanquet and Puller, that a delivery of goods on behalf of the vendee, to a carrier not named by the vendee, is a good delivery. I apprehend that this is about as much law upon the question of delivery as my readers will desire, or as I may venture upon without hazarding the safety of my book. On the second ordinary question of dispute, the payment of earnest money, or part payment of the price, there is little to be said : even lawyers can scarcely make their ingenuity avail them, to invent a constructive payment of money, — the payment of earnest must be bona fide ; as where a person passed a shilling over the hand of the vendor, and returned it into his own pocket, it was held not to be a pay- ment of earnest within the statute ; vide Blenkinsop V, Clayton, 7 Taunton, 597 : a doubt, however, has been raised, what must be the proportion of money paid to make it "earnest" within the meaning of the statute. There is an essential difference between payment of "earnest" and part performance: in the case of a contract for land, the statute of frauds does not provide that payment of "earnest" shall save the 4 ■» % 256 THE ADVENTURES OF A GENTLEMAN contract ; but part performance of the bargain will have that effect. In the case of goods, the payment of "earnest" is expressly excepted by the statute; and the meaning of " earnest" would seem to be any payment that proved the parties to be sincere, or earnest, in the purpose of dealing. If this definition be correct, it seems to follow that the payment ought to be substantial, even when intended for "earnest:" the common opinion undoubtedly is that any pay- ment, however small, is sufficient: should the question, however, be fairly raised on any future occasion, I think it would be decided that a payment so small as to be illusory, is not sufficient. But I apprehend it to be a question of fact for a jury, rather than of law : and that it would be the duty of the jury to say whether the payment was made, whatever might be its amount, with a bona fide inten- tion to bind the contract. I can put a case of very probable occurrence to illustrate the practical impor- tance of this question of " earnest." Suppose that A should buy a horse from the groom of B, for j£50, and pay a shilling to bind the bargain. The groom, to a certainty, would expend the shilling on gin, regarding it as part of his fee, or "regUrs," as they IN SEARCH OF A HORSE. 257 call it; the man consequently gets drunk on his way home, and when the animal is sent for in the evening, his knees are broken. On T^hom does the loss fall? This would turn upon the question whether the shilling was " earnest," paid to bind the bargain. Although I have pointed out the important dis- tinction between contracts relating to land, and those relating to goods, yet, as the doctrine relating to the former has an important bearing on the latter, so far as the subject of part delivery or part payment is concerned, I will refer my readers to the names of some cases, in which the doctrine of part perform- ance as to land was argued ; especially as the opi- nions of the courts seem to have been divided on the subject. Vide Main v. Melbourne, 4 Vesey, 720 ; Lord Fingall v. Ross, 2 Equity Abridgment, 46 ; Leak V. Morrice, 2 Chancery Cases, 135 ; Clinan v. Cooke, 1 Scholes and Lefroy, 40; and Watt v, Evans, before Lord Lyndhurst, at the Exchequer Sittings, after Trinity term, 1834, in which all these cases are referred to. The third question which I mentioned as of com- mon occurrence under the statute, is whether a note 258 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 259 I, , ■ T i It 'i il 1 or memorandum in writing has been signed by the parties or their authorized agents. This question usually arises out of the careless manner in which all occasional transactions of buying and selling are re- corded. It may be laid down as a general rule, that if the substance of the contract, that is, the price given, the article sold, and the names of the buyer and seller, are stated upon paper, this will amount to a memorandum within the statute ; it is not neces- sary that the bargain should be detailed in all its minor and concomitant circumstances, nor that the signature should be formally attached to any parti- cular part of the memorandum; nor even that it should be written, instead of printed on the bill of parcels, if there is any evidence to show a recogni- tion of the printed form. The leading cases upon which I rely, japon these points, are, Egerton v. Mat- thews, 6 East, 307 ; Champion v. Plummer, 1 Bosan- quet and Puller, 254 ; Schnieder v, Norris, 2 Maule and Selwyn, 286 ; and Elmore v. Kingscote, 8 D. and R., 343. I do not extract these cases, because, excepting the last, they have no immediate reference to the subject of horse-dealing: the memorandum must be signed, either by the parties, or by their agents lawfully authorized ; an auctioneer is a law- fully authorized agent of both parties, but the memo- randum which he makes of the sale must be a suffi- cient memorandum, answering the description which I have already given. It is not necessary that the agent should possess an authority in writing ; it is quite sufficient if his authority to act is sustained by the circumstances in which he is placed, or the ver- bal instructions given to him by his principal. The nature of an agent's autliority, and the manner in which he may be constituted, will appear more fully hereafter, when I advert to the subject of warranty. On all these points, it will be prudent to refer to the case of Coles v, Trecothick, 9 Vesey, 234 ; where a very labored judgment has been given by Lord Eldon, upon the construction of the statute of frauds, in reference to the agency of an auctioneer, and generally to the authority of an agent to sign a memorandum within the statute : Coles v, Trecothick is considered a leading case. There is also a case of Graham v. Musson, which I find reported in the "Law Journal" of the 5th of June, 1839, in which it was held that a memoran- dum of a sale, entered and signed by the vendor's m. ii 260 THE ADVENTURES OP A GENTLEMAN traveller in the book of the purchaser, and in his presence, and by his desire, did not constitute a memorandum in writing within the statute, the tra- veller not being the agent of both parties. There is only one topic remaining connected with the original making of the contract, to which I pro- pose to allude. It is much to be regretted that in the case of horse-dealing, more perhaps than in any other of the ordinary transactions of life, the decorum of the Sab- bath is violated ; and I must acknowledge with sor- row, that I have too often been personally a witness to the fact. The purchase of a horse is as often con- sidered a matter of amusement, as one of business ; and Sunday being an idle day, when young men are generally on the look-out for amusement, a lounge in a dealer's stables is a common resource : this may be noticed particularly at Tattersall's ; the horses, it is true, are not shown upon that day, not even in the stables, till after divine service; but about two or three o'clock the place is frequented by a great many people, with a view to prepare themselves for the auction on Monday. In a minor degree, the same custom obtains in the dealer's yard, especially at the IN SEARCH OF A HORSE. 261 west end of the town ; and no doubt many bargains are made on these occasions. If it were for no other object than to check a system which is justly offen- sive to public feeling, I should quote the following case, from which it appears as well that a sale of goods by a dealer in the ordinary course of trade, is void if made upon a Sunday, as that it is valid if made by private individuals out of their ordinary course of business. 1 Taunton, 131, Drury v. De Fontaine — "A sale of goods not made in the exercise of the ordinary calling of the vendor or his agent, is not void at common law, or by the statute 29 Char. II. cap. 7.' The plaintiff, a banker, sent a horse to Hull's com- mission and auction stables for sale : the defendant called on a Sunday, and having tried the horse for an hour, requested leave to show it to one M^Kenzie. Leave was given, on condition of bringing back either the horse or £100 by two o'clock : if not re- turned by that hour, the horse should be the defen- dant's. It was not returned till eight, when Hull refused to receive it: the question for argument was, whether the sale was void, being made on Sunday. Mansfield, C. J., " The bargaining for, and selling 23 262 THE ADVENTURES OP A GENTLEMAN IK SEARCH OP A HORSE. 263 1 I horses on a Sunday is certainly a very indecent thing, and what no religious person would do; but we cannot discover that the law has gone so far as to say, that every contract made on a Sunday shall be void, although under these pena} statutes, if any man in the exercise of his ordinary calling should make a contract on the Sunday, that contract would be void. The horse was not sent to Hull for the purpose of private sale, but to be sold by auction ; therefore Hull did not sell this horse, properly speaking, as a horse-dealer. The sale of horses by private contract was not Drury's ordinary calling, nor was it Hull's." In Fennel v, Eidler, 8 D. and E. 204, it was decided that the statute 29 Char. II. cap. 7, for- bidding the exercise of ordinary callings on Sunday, applies to private as well as to public contracts ; and therefore, that a horse-dealer cannot maintain an action upon a private contract for the sale and war- ranty of a horse, if made on a Sunday : it was held, however, in an earlier case, of Bloxsome v, Williams, 5 D. and R. 82, that in an action on the warranty of a horse, the defendant could not be allowed to set up ia answer thereto, that he was a horse-dealer, and sold the horse on a Sunday, contrary to the provi- sions of the statute, for of course a man cannot set up his own wrong doing, as a defence in a court of law: but in this case it is to be noticed that the buyer was not aware of the profession of the dealer. It must be borne in mind, that although the con- tract may be void by reason of its being made on a Sunday, yet if a purchaser makes a subsequent pro- mise to pay, the value of the horse may be reco- vered, not upon the original contract, but on the subsequent undertaking : Williams v. Paul, 4 M. and P. 632. Another general rule of law is, that no title can be made to stolen property, and that no contract is valid, founded upon fraud. In Lofft's Reports, 601, it is decided that trover will not lie for goods which, upon the facts proved, appeared to have been feloniously taken; and in Grimson v. Woodfall, 2 Carrington and Payne, page 41, it was further decided, that if a party has good reason to believe that his goods have been stolen, he cannot maintain trover against the person who bought them of the supposed thief, unless he has done every thing in his power to bring the thief to justice ; but these cases do not take away the loser's right to ob- 264 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 265 i m tain restitution of his goods ; for the right of resti- tution where the thief is prosecuted to conviction, is secured by an Act of Parliament, 21 Hen. VIII. cap. 11. They only affect that right in the absence of a pro- secution. By the Act of 7 and 8 Geo. IV. cap. 29, § 57, (commonly called Peel's Act,) it is provided, that in the case of offences committed under that act, if the thief or receiver of stolen property shall be indicted and convicted by the owner, the court may order restitution of the property to the owner in a summary manner, except in the case of negoti- able instruments bond fide taken without notice, and for valuable consideration ; there is however, an im- portant distinction to be noticed as regards the power of enforcing restitution, even where the thief has been prosecuted to conviction ; in such a case, the owner may enforce restitution from any party in whose possession he actually finds the goods ; vide Packer v. Gillies, 2 Campbell, 336 (note.) And in one case in Noy's Reports, 128, the owner recovered from the defendant the proceeds of the stolen goods ; but he cannot enforce his restitution from a party who has bought the goods in market overt, and re- sold them before the the thief was convicted; not even though the purchaser had notice of the rob- bery: this doctrine is laid down, after elaborate argument in Horwood v. Smith, 2 Term Reports, 750; In a case where goods had been obtained, not by felony but by fraud, and then had been pawned by the swindler, it was held that notwithstanding a pro- secution to conviction, and although the owner had recovered possession of his goods, the pawnbroker could recover against him the money which he had lent;* vide Parker v. Patrick, 5 Term Reports, 175. In the case of stolen horses, however, there is some difference, occasioned by two statutes which have been expressly made on the subject ; the first of these is the 2 and 3 Philip and Mary, c. 7, which regulate the manner in which horses are to be sold in fairs and markets, and requires a note to be made of all horses so sold ; the other statute, of the 3l8t Elizabeth, cap. 12, requires that the sellers of horses ♦ I have a strong impression that by some recent stetute, » pawnbroker is compellable to restore stolen goods gratuitously, on proof of the robbery, though no prosecution follows ; but I cannot at the moment recall the act to my mind. 23* U2 266 THE ADVENTURES OP A GENTLEMAN in fairs and markets shall be known to the toll-taker, or some other who will account for the sale ; which, with the price, is to be entered in the toll-book, and a note given to the buyer, otherwise the contract is void ; and by the 4th section of this act, notwith- standing the previous directions shall have been duly observed, the owner's property in the horse is not divested for six months after the sale, and he may recover it by the order of a magistrate upon payment to the purchaser of so much money as he bond fide gave at the fair. Thus stolen horses may be reco- vered even after a sale in market overt, and that by a summary process before a magistrate, and they so far differ from other stolen goods. It is right to be a little more specific in explaining the regulations which the statute requires to be observed. First, the horse must be exposed openly in the place used for sales one whole hour, between ten in the morning and sunset, and afterwards brought by both vendor and vendee to the book-keeper of the fair or market : secondly, toll must be paid, if any due, and if not, one penny to the book-keeper, who shall enter the price, color, and marks of the horse, with the names, additions, and abode of the vendor and vendee : and IN SEARCH OF A HORSE. 267 if the vendor is not known to the book-keeper, the vendor shall bring one credible witness, whose name in like manner is to be entered, to avouch his know- ledge of him. If the horse is stolen, the owner must make his claim within six months, and must prove his property and tender the price paid, within forty days from making his claim. Not many cases appear to have arisen upon the construction of this act, but there is one, Josephs v. Adkins, 2 Starkie, 76, which deserves mention. It was here decided by Lord Ellenborough, that " a ma- gistrate has no power under the statute of Elizabeth, to cause a stolen horse to be re-delivered up to the owner, unless proof of the actual theft be first given ; and also, that although a constable may be armed with a warrant against a thief he is not justified in taking the horse out of the possession of ano- ther party, who had bond fide purchased him from the thief." We have now to consider the important subject of warranty. Warranty is of two kinds, express or implied. On the bargain and sale of goods, the general maxim is 268 THB ADVBNTURES OP A GENTLEMAN IN SEARCH OP A HORSE. 269 •if If 4. m il caveat emptor: that is, the law will not hold the seller answerable for the goodness or soundness of the article sold, unless he expressly warrants it to be good or sound. And by the general rule, such war- ranty cannot be implied from the mere circumstances under which the sale took place ; such as the amount of the price paid, &c. There are some cases, never- theless, in which a warranty will be implied with respect to the quality of the article ; and it may be laid down in general, that where an article is asked for, to answer a particular purpose, its fitness for that purpose being left entirely to the judgment of the seller, the seller impliedly warrants that it is fit for that purpose ; more particularly, if the case be Buch,^ that the buyer has not had an opportunity of judging for himself with respect to the sufl&ciency of the article sold. Thus, in Bluett v. Osborne, 1 Starkie, 384; it will be noticed that though fraud formed no part of the case, yet Lord Ellenbo- rough's opinion was decidedly expressed, and in the ensuing term, the court refused a rule nisi for a new trial. Bluett V. Osborne, 1 Starkie, 384.-—" A sells to B a bowsprit, which, at the time of sale appears to be perfectly sound, but which after being used some time, turns out to be rotten: in the absence of fraud, A is entitled to recover from B, what the bowsprit was ap- parently worth at the time of delivery." Lord Ellenborough :— " A person who sells im- pliedly, warrants that the thing sold shall answer the purpose for which it is sold. In this case, the bow- sprit was apparently good, and the plaintiff had an opportunity of inspecting it ; no fraud is complained of, but the bowsprit turned out to be defective on cutting it up : I think the defendant is liable, on ac- count of the subsequent failure. In the case cited, what the plaintiff deserved was the value of the build- ing ; what he deserves here, is the apparent value of the article at the time of delivery." It is right, however, to collate this case with a previous decision of the same judge, in the case of Fleming v. Simpson, which will be found in a note 1 Camp. 40, though the cases are clearly distin- guishable. I will further illustrate this principle, by a simple case. If a man applies to a dealer for a horse to draw his carriage, avowedly trusting to the dealer's judgment of his fitness, and the dealer sells him a 270 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 271 horse unused to harness, and consequently unsafe, the dealer is liable for the breach of his implied "Warranty, and for all damages sustained in conse- quence ; hence the purchaser might not only recover back the price which he had paid, but compensation for any injury done by the horse to his carriage or his person. But this kind of implied engagement relates to the fitness of the article for its purpose, rather than its goodness or soui^ness. Besides, it is not often practicable to give satisfactory evidence of the exact intercourse between the parties on the sale of the goods, especially in the case of horses; hence, a purchaser is generally unwilling to be satisfied with an implied engagement, depending on the vendor's knowledge of the purpose for which the animal is required. He therefof e exacts an express undertaking as to the quality of soundness, and such an under- taking is called a warranty. Though the word "warranty" applies to such undertakings in all cases, it is a phrase most com- monly used in horse-dealing transactions. It is clearly established, more particularly in the case of horses, that a warranty of soundness cannot be implied, but that, in order to make the seller liable for unsoundness, he must have given an express warranty. It is, however, to be observed, that if the seller makes any representations as to the horse, (though it be not intended as a warranty,) and that representation be falsely made, he is liable in damages for the fraud; and the buyer is not bound to keep the horse, the contract being void, ah initio, for the fraud; but the seller is liable in these cases only ; and, therefore, my readers will recollect, that in buying a horse, they ought to take an express warranty of soundness, or they will otherwise be without remedy if the horse proves unsound, unless they can prove representations falsely, and therefore fraudulently made ; and the same remarks apply to age, freedom from vice, &c., and generally to all the horse's qualities. I propose to classify the cases to which I shall refer under the three heads that I have mentioned, Implied Warranty— Fraudulent Representation— and Express Warranty. Some of them, however, will be perceived to have an indirect bearing upon either subject ; and some will appear a little conflicting with 272 THE ADVENTURES OF A GENTLEMAN each other. My object being to mention every case* that I can find connected with the subject of horse- dealing, I think it better to omit none, even at the hazard of involving my readers in some uncertainty as to the result. My own opinion I have already given, and it has been formed on an attentive perusal of the whole. On the subject of implied warranty, the first case to which I shall refer is the case of Hern v. Nicholls, 1 Salk. 289, where an action was brought on the sale of silk, which was sold as silk of a particular sort, which it was not ; though the deceit was not practiced by the defendant, but by his factor abroad, the court held him responsible for the * Some of my sporting friends who have been parties to actions at law in horse-dealing transactions, have expressed to me their surprise at not finding any allusion to their cases ; but they must understand that no cases are reported in our law books unless they involve some legal question. When, therefore, I speak of mentioning every case, I of course only mean every case which governs the law of the subject : for a simUar reason I omit even horse-dealing cases, where they only refer to some point of pleading or of practice, equally applicable to all contracts for goods. IN SEARCH OF A HORSE. 278 deceit of his factor. The case of Brown v. Eding- ton, tried in the Common Pleas, at the London sittings, on the 9th December, 1839, deserves mention, because Mr. Justice Maule reserved the point on the necessity of the plaintiff's -proving the defendant's knowledge of the inferior quality of the article sold. It was not an action, however, upon a warranty, but for the value of a pipe of wine which had been lost in consequence of a crane, rope giving way while being swung into the cellar ; that rope having been purchased from the defendant, for the use of the crane, and being proved to be of a quality and material wholly unfit for the purpose. I cannot discover that any motion to set aside the verdict was subsequently made, though the jury found specially that the defendant did not know the inferior quality of the rope ; nor can I find any authentic report of the case itself. Though I allude to this case, as one to a certain extent involving the doctrine of implied warranty, the reader will readily perceive that it is distinguishable from those already quoted, as being an action for damage sustained in consequence of the inadequacy of the article purchased. In 6 Taunt. 108, Laing v. 24 274 THE ADVENTURES OF A GENTLEMAN Fidgeon, the court held that " in every contract for the supply of manufactured goods, there is an implied term that the goods shall be of merchantable character." In Gardiner v. Gray, 4 Camp. 144, the plaintiff had purchased twelve bags of "waste silk:" when delivered, they appeared to be of such inferior quality that they were not saleable as waste silk. Lord Ellenborough held that the purchaser had a right to expect a saleable article, answering the description in the contract ; and that without any particular warranty, it is an implied term in every such contract. " Where there is no opportunity of inspecting the commodity, the rule of caveat emptor does not apply. He cannot without a warranty, insist that it shall be of any particular quality of fineness ; but the intention of both parties must be taken to be, that it shall be saleable in the market under the denomination mentioned in the con- tract." In Bridge v. Wain, 1 Starkie, 504, Lord Ellen- borough ruled, that "if goods were sold by the name of * scarlet cuttings,' and so described in the invoice, an understanding that they were so must be IN SEARCH OF A HORSE. 276 inferred ; but to satisfy an allegation that they were warranted to be of any particular quality, proof must be given of such a warranty ; however, a warranty is implied that they were that for which thet/ were soW* In Shepherd v. Kain, 5 B. and A. 240, a ship had Tbeen sold which was described in the advertisement of the sale, as " a copper-fastened vessel :" the adver- tisement also stated, " The vessel with her stores, as she now lies, to be taken, with all her faults, without allowance for any defects whatsoever." The plaintiff had full opportunity of examining her; but after his purchase, it turned out that she was not copper- fastened. The court held that the action lay, and that the terms, "with all faults," must mean with all faults which the vessel might have consistentli/ with being the thing described. In Fletcher v. Bowsher, 2 Starkie, 561, the ship was also to be taken with all faults ; but the vendor had represented her to be a year younger than she was, and was held liable for the deceit. I quote the case principally for a dictum of Chief Justice Abbott, " A person ought either to be silent or to speak the truth ; and in case he spoke at all, was bound to dis- close the real fact." 276 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 277 In a very recent case of Chanter v, Hopkins, 4 Mees. and Wils. 899, where the defendant had sent an order in the following terms, — "Send me your patent copper and apparatus to fit up my brew- ing copper with your smoke-consuming furnace," and in an action of assumpsit for the price of the copper, which had been agreed upon, the jury found that the smoke-consuming furnace was useless to the defendant in his brewery, it was held that the plain- tiff was entitled to recover the full price, no fraud being imputed to him, inasmuch as the order was for a specific, defined chattel, which was supplied; and that no warranty that it would answer the required purpose could be imported into the contract. This case seems to clash a little with Gray and Cox, quoted in the next page, but I will add the remarks of Baron Parke, as they will clearly show the grounds of the decision. " The law is clear, that you cannot add to or diminish the written contract by anything in parole which may have occurred between the par- ties. If, indeed, there has been any fraudulent representation, the buyer may relieve himself from the contract on the ground of fraud ; but the defend- ant does not impute fraud to the plaintiff ; he cannot then be allowed to give parole evidence of any war- ranty not contained in the written agreement itself ; and the question is therefore reduced to the construc- tion of the words of the agreement as contained in the order." It may not be inexpedient to observe to an unpro- fessional reader, that in this case, the defendant, by specifically describing the article that he wanted, took upon himself entirely the risk of its answering his purpose, and though he explained what that pur- pose was, he did not offer to throw on the seller any of the responsibility of the article proving unfit for it : he seems to have reUed exclusively on his own judgment, and consequently he reUeved the seller from any implied warranty that his apparatus would answer the end desired. This will distinguish the case from Gray v. Cox. In the preceding cases the doctrine of implied war- ranty seems to be very intelligibly laid down ; but in the CMC which I am about to quote, relating to a sale of copper in sheets, and which it is much to be re- gretted, does not appear to have been solemnly argued, although the "same principle of warranty by implication is partially confirmed as respects other 24* 278 THE ADVENTURES OF A GENTLEMAN articles of trade, is left uncertain as respects the horse. Gray v. Cox, 1 C. and P., 184.—" If a commodity having a fixed value, is sold for a particular purpose, and it turns out unfit, an action lies, though there has heen no warranty." Abhott, C. J. on the trial : " I think at present it is not a case for a nonsuit. My direction to the jury will be on the case as it now stands, that where a commodity having a fixed price or value, which dis- tinguishes this from the case of a sale of a horse, which has no fixed value, — ^where, I say, such com- modity is sold for a particular purpose, it must be understood that it is to be reasonably fit and proper for that purpose ; and when I say, reasonably fit and proper, I mean that a few defective sheets will not show that it is not fit and proper;" The verdict was for the plaintiflf, and a rule nm was obtained for a new trial. On the argument Mr. Justice Littledale observed, that " the case of Chandelor v, Lopus (here- after quoted) went much too far." The case was re- served for further argument ; but I cannot find that the argument was ever resumed. I apprehend the meaning of a horse wanting a * fixed value,' simply IN SEARCH OF A HORSK. 279 to be that its value is arbitrary, and not fixed by any given standard. In Pro8ser v. Hooper, 1 Moore, 106, " The plain- tiff bought saffron of an inferior quality, which, having kept six months and sold part, he then ob- jected that the article was not saffron. Held in an action, for a breach of warranty, that from the length of time and the inferior price given, it was such an article as the plaintiff intended to purchase." The warranty was merely that the sale-note called the article sold by the name of " saffron." r«k also Jones v. Bright, 3 M. and P. 155. This case of Prosser v. Hooper, may perhaps have given rise to the erroneous but common opinion here- after mentioned, that a low price necessarily implies that no warranty is given. I shall quote a few more cases which, while they sustain the doctrine of implied warranty, explain the nature of the liability incurred by fraudulent repre- ■entation, being the second division of my subject. In Hellish V. Motten, Peake's Cas. 156, " The seller of a ship is bound to disclose to the buyer aU latent defects known to him." The ship was purchased with all faults; on taking h 280 THE ADVENTURES OF A GENTLEMAN out her ballast it was discovered that twenty-two of her futtocks were broken. It was contended that the rule of caveat emptor applied. Lord Kenyon: "There are certain moral duties which philosophers have called duties of imperfect obligation, such as benevolence to the poor, and many others, which courts of law do not enforce. But in contracts of all kinds it is of the highest im- portance that courts of law should compel the obser- vance of honesty and good faith." " The terms to which the plaintiff acceded, of taking the ship with all faults, and without warranty, must be understood to relate only to those faults which the plaintiff could have discovered, or which the defendants were not acquainted with." But in Baglehole v, Walters, 3 Camp. 154, Lord Ellenborough held that " if a ship be sold with all faults, the seller is not liable to an action in respect of latent defects which he knew of without disclosing at the time of sale, unless he used some artifice to conceal them from the purchaser;" and this case is recognized in Pickering v, Dowson, 4 Taunt. 779 ; also in Dawes v. King, 1 Starkie, 75, it is further held, that the deceit of the defendant must be used IN SEARCH OP A HORSE. 281 for the purpose of throwing the plaintiff off his guard. In Sheider v. Heath, 3 Camp. 506, Sir J. Mans- field held that " the vendor could not avail himself of a similar stipulation if he knew of secret defects in her, and used means to prevent the purchaser from discovering them, or made a fraudulent^ representa- tion of her condition at the time of sale." In Parkinson v. Lee, 2 East, 314, which was an action respecting the sale of hops by sample, Mr. Justice Grose observed, "If an express warranty be given, the seller will be liable for any latent defect, according to the old law concerning warranties. But if there be no such warranty, and the seller sells the thing such as he believes it to be, without fraud, I do not know that the law will imply that he sold it on any other terms than what passed in fact. It is the fault of the buyer, that he did not insist on a war- ranty ; and if we were to say that there wafl, notwith- standing, an implied warranty arising from the con- ditions of the sale, we should again be opening the controversy which existed before the case ia Doug- lass." Before that time it was a current opmion that a sound price given for a horse wa« tantamount I'* 282 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 283 to a warranty of soundness ; but when that came to be sifted, it was found to be so loose and unsatisfac- tory a ground of decision, that Lord Mansfield re- jected it, and said that there must either be an ex- press warranty of soundness, or fraud in the seller, in order to maintain the action ; and Mr. J. Lawrence observes, " In 1 Rolls' Abridgement, p. 90, it is said that if a merchant sell cloth to another, knowing it to be badly fulled, an action on the case, in nature of deceit, lies against him, because it is a warranty in law. But there is no authority stated to show that the same rule holds, if the commodity sold have a latent defect not known to the seller ; so again the case is there put, if a man sell me a horse with a secret malady, without warranting it to be sound, he is not liable ; that is, if there be no fraud. The in- stances are familiar in the case of horses. It is known that they have secret maladies which cannot be discovered by the usual trials and inspection of the horse — therefore the buyer requires a warranty of soundness in order to guard against such latent defects. Then how is this case different from the sale of a horse, where it is admitted that the buyer must stand to all such latent defects V* There are a few cases in which the doctrine ap- pears to be held that representation simply and without fraud, amounts to warranty. That doctrine is not, however, recognized ; but I will quote the authorities in favor of it : — In the case of Tapp v, Lee, 3 Bosanq. and Puller, 367, a dictum of Lord Kenyon's is quoted, that he did not think the proof of fraud necessary ; but was of opinion, that if a man made an assertion without sufficient ground, whereby another was injured, he rendered himself liable to nn action. In Wood V. Smith, 4 Carrington and Payne, 41, Mr. Justice Bayley held that "whatever a person represents at the time of a sale is a warranty." Also in the case of Hellyer v. Hawkes, 6 Espi- nasse, 72, the answer given to the inquiry whether the horse was free from vice, was simply in the affirmative, unattended by circumstances of fraud ; yet no question appears to have been raised whether this amounted to a warranty. On the other hand it is undoubtedly laid down as an established point, in many instances, that fraud is the gist of the action ; and this being the state of the law, I must caution my readers that they cannot II 284 THE ADVENTURES OF A GENTLEMAN safely rely upon a remedy on a warranty in the na- ture of a representation, even where it proves to be a misrepresentation of facts ; unless they have it in their power to show that it was made with a know- ledge of its falsehood, and consequently falls under the legal definition of fraud ; and on this point the authorities are innumerable. In the case of Chandelor v, Lopus, already men- tioned, it was decided, that the action of trespass on the case for selling a jewel, affirming it to be a bezar-stone, will not lie where in fact it is not a bezar-stone ; unless it be alleged that the defendant knew it was not a bezar-stone, or that he warranted it was a bezar. Another case, to the like effect, is that of Roswuel V. Vaughan, in Croke, James, 196. The case of Pasley v. Freeman, is the leading case upon this subject; and of the more value, because Mr. Justice Grose diflfered from his brethren in opinion. It is to be found in 3 Term Reports, 51; and it will be observed, that it goes so far tat to make a third party liable for fraudulent deceit, even though he derives no benefit, and even though there ia no collusion between that third party and the vendor. IN SEARCH OF A HORSE. 285 <« A false affirmation made by the defendant, with intent to defraud the plaintiff, whereby the plaintiff receives damage, is the ground of an action upon the case in the nature of deceit. In such an action, it is not necessary that the defendant should be bene- fited by the deceit, or that he should collude with the person who is. In vindicating his opinion, Mr. J. Grose says, « Suppose a person present at the sale of a horse, asserts that he was his horse, and that he knows him to be sound and sure-footed, when in fact, the horse is neither the one nor the other, according to the principle contended for by the plaintiffs, an action lies against the person present, as well a^ the seller ; and the purchaser has two securities." Mr. Justice Grose put this hypothetical case, to illustrate the un- reasonableness of the principle, that a stranger to a contract incurred a personal responsibility to a pur- chaser by a false representation in favor of the seller. The principle, however, was nevertheless adopted by Justices Buller and Ashurst, and by the Chief Justice Lord Kenyon ; and I shall quote some of the remarks made by Mr. Justice Buller, because ^ey very clearly and concisely explain the principle 25 1 1 I fi 286 THE ADVENTURES OP A GENTLEMAN of the action for deceit. "I agree," said his Lord- ship, " that an action cannot be supported, for telling a bare, naked lie ; but that I define to be, saying a thing which is false, knowing or not knowing it to be so, and without any design to injure, cheat, or deceive another person. Every deceit comprehends a lie ; but a deceit is more than a lie, on account of the view with which it is practised : its being coupled with some dealing, and the injury which it is calcu- lated to occasion, and does occasion to another person." His Lordship then quotes some reported cases, and proceeds, " These cases then, are so far from being authorities against the present action, that they show, that if there be fraud or deceit, the action will lie ; and that knowledge of the falsehood of the thing asserted is fraud or deceit: collusion then, is not necessary to constitute fraud. In the case of a conspiracy, there must be collusion between two or more, to support the indictment ; but if one man alone be guilty of an offence, which, if practised by two, would be the subject of an indictment for a conspiracy, he is civilly liable in an action for repa- ration of damages, at the suit of the person injured." It is also to be noticed in this case, that the period IN SEARCH OF A HORSE. 287 of time when the warranty is given, is held to be immaterial, if the sale is made on the faith of it. " And if the warranty be made at the time of sale, or before the sale, and the sale is upon the faith of the warranty, I can see no distinction between the cases," says Mr. Justice Buller. The authority of this case was confirmed in Eyre V. Dunsford, 1 East, 318. The case of Parkinson v. Lee, 2 East, 314, already quoted, distinctly confirms the case of Chandelor v. Lopus ; and puts the action of deceit upon very intel- ligible ground, especially in the instance of horse- dealing. Again, in the case of Vernon v. Keys, 12 East, 637, Lord Ellenborough remarks : " A seller is un- questionably liable to an action of deceit, if he frau- dulently misrepresent the quality of the thing sold to be other than it is, in some particulars which the buyer has not equal means with himself of knowing : or, if he do so in such a manner as to induce the buyer to forbear making the inquiries which, for his own security and advantage, he would otherwise have made." In 6 Vesey, 174, Evans v. Bickucll, Lord Eldon h 288 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 289 recognizes the authority of Pasley v. Freeman. After alluding to the case, his Lordship remarks, "It is a very old head of equity, that if a represen- tation is made to another person, going to deal in a matter of interest upon the faith of that represen- tation, the former shall make that representation good, if he knows it to be false." In a manuscript case of Springwell v. Allen, referred to in a note on the case of Williamson v, Allison, in 2 East, 448, where an action was brought against Allen, for selling to Springwell the horse of A. B., as his own ; the plaintiff could not prove that the defendant knew the horse to belong to A. B., and was nonsuited. " For the fraud is the gist of the action, where there is no warranty ; for there the party takes upon himself the knowledge of the title to the horse, and of his qualities." The following case draws a distinction between representation of facts notoriously beyond the know- ledge of the seller, and facts which he cannot but know. Jewdwine v. Slade, 1 Esp. Cas. 572. — An action was brought on the warranty of two pictures bought by the plaintiff, which the defendant had represented as the works of Claude Lorraine and Teniers. Lord Kenyon held 'that the action was not maintainable, unless the defendant knew that the pictures were not the works of those masters ; for by a representation of a fact like this, of which the defendant could have no certain knowledge, he must be understood as speaking to his belief only. My readers may also refer to the cases of Budd v. Fairmaner, hereafter quoted, and Dunlop v. Waugh, Peake's Rep. 167. The last case is as fol- lows: " If a man, not knowing the age of a horse, but having a written pedigree which he received with him, sell him as a horse of the age stated in the pedigree, at the same time stating he knows nothing of him but what he has learned from the pedigree, he is not liable to an action when it appears that the pedigree is false." It should be observed that the mark was out of the mouth, and the horse proved to be fourteen. Lord Kenyon was " clearly of opinion that this was no warranty : the defendant related all he knew of the horse, and did not enter into any express un- dertaking that the horse was of the age stated in the 25* I. mo THE ADVENTURES OF A GENTLEMAN pedigree, but stated the contents of that pedigree, which the plaintiff relied on." These cases contain all the law on the subject of fraudulent misrepresentation; but it is necessary, however, for the purchaser to be careful that, if he makes any contract for the purchase of the horse which is reduced to writing, after the negotiation for it is over, there should be introduced into the written contract all representations previously made of the horse's qualities ; for if he fails to do this, he will be bound by the written contract ; and he will not be at liberty to bring his action for deceit on the verbal representations previously made. The fol- lowing case is a leading authority upon this point, and it is the more important because it clearly illus- trates the real meaning of the legal maxim, caveat emptor; but it must be received with reference to the case of Kain v. Old, 4 D. and R. 52, which cer- tainly appears to be somewhat at variance with its principle. 4 Taunton, 779, Pickering and Dowson. — "K a representation be made before a sale of the quality of the thing sold, with full opportunity for the pur- chaser to inspect and examine the truth of the repre- IN SEARCH OP A HORSE. 291 sentation, and a contract' of sale be afterwards re- duced into writing, in which that representation is not embodied, no action for a deceit lies against the vendor, on the ground that the article sold is not answerable to that representation, whether the ven- dor knew the defects or not." In delivering his judgment on ,this case, Mr. Jus- tice Gibbs observes, " I hold that if a man brings me a horse and makes any representation whatever of his quality and soundness, and afterwards we agree, in writing, for the purchase of the horse, that shortens and corrects the representations ; and what- ever terms are not contained in the contract, do not bind the seller, and must be struck out of the case. In this case, if there had been any fraud, I agree it would not have been done away by the contract: but in this case there is no evidence of any fraud at all : the ship is afterwards conveyed by a bill of sale, that contains no warranty. I thought at the trial, and still think, that the parties were not now at liberty to show any representation made by the seller, unless they could show that by some fraud the defendants prevented the plaintiffs from discovering a fault which they knew to exist." 292 THE ADVENTURES OF A GENTLEMAN II I \ The case of Chanter v. Hopkins, already quoted, is decisive on the admissibility of parole evidence to vary a written contract, and I may refer those read- ers who wish for more authority on this point to the cases of Powell v. Edwards, 12 East, 6 ; Bradshaw v. Burnett, 5 C. and P. 50; Greaves v. Ashlin, 3 Camp. 426, and Thelton v, Livius, 2 C. and I. 411. It is not worth while to quote them at length in a work like this, as they only establish the general principal of law. Yet it may be noticed generally, that although parole evidence is inadmissible to alter or vary a written contract, it may be received in aid of such contract. In the case of Jeffery v. Walton, 1 Star. N. P. 267, the contract was for the hire of a gelding for ** six weeks at two guineas." The action was brought for damages arising from mismanage- ment of the horse. The written contract was con- tained in a pencil memorandum made by the plaintiff, and which he was called upon to produce by the de- fendant at the trial. The defendant had kept the horse for twelve weeks. He paid twelve guineas into court, as it would seem, for the six weeks' hire, according to the written contract. The case, like most law cases, is so briefly reported, that the facts I IN SEARCH OF A HORSE. 298 are left in some obscurity ; but they are sufficiently explained to get at the point of the decision. The defendant contended that it was a general hiring, under which all liabilities of accident would fall upon the owner of the horse : and that the contract con- tained in the pencil memorandum proved only a general hiring, and it was not competent to the plaintiff to graft upon it any special condition. Lord Ellenborough, however, held that " the written agreement merely regulates the time of hiring and the rate of payment, and I shall not allow any evi- dence to be given by the plaintiff in contradiction of these terms ; but I am of opinion that it is compe- tent to the plaintiff to give in evidence suppletory matter in part of the agreement." But where the agreement is not ambiguous in the terms of it, but expressed in clear and explicit words, it cannot be explained by parole evidence. Vide CUfton V, Walmesley, 5 T. R. 667. Or to speak more correctly, such an agreement being clear, re- qnires no explanation; sfd parole evidence would tend to create that ambiguity which it was the very object of the statute of frauds to prevent, in requir- ing, that contracts should be reduced to writing, to t 294 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 295 give them validity. It has heen held in the case of Hutton V, Warren, 2 Meeson and Welby, that the custom of trade may be given in evidence against a written contract. To return from this digression on the subject of evidence : it may be inferred from all these cases, that the gist of the action of deceit is a "wilful mis- representation, whereby the purchaser is put off his guard, and induced to make a contract into which he would never have entered with his eyes open; but it must not be inferred that he is at liberty to release himself from a contract on the mere plea that his eyes were not open ; they must have been shut by the seller, and not closed by natural in- firmity. Every man who goes into the market to buy an article is presumably cognizant of the nature of the article which he wants, as much so as the seller is presumed to understand the article that he sells; he cannot afterwards plead his own ignorance as an excuse for repudiating the contract. Hence, if a man enters the bazaar, or the manufactory, to buy a carriage with mail boxes, and purchases one in which the nave hoop is closed up with an iron plate, as is the case with boxes of that description, \ / he cannot return the carriage because he afterwards discovers that the axle is of the ordinary construc- tion, unless he was expressly told the contrary. So again, if his object is to purchase a new carriage, and he finds that he has bought one recently painted and vamped up, he cannot repudiate the contract, unless he can show that it was sold to him as a new one. Or once more, if he purchases an aged horse, stale and worn out, he cannot rescind the con- tract, unless he can prove a false representation that it was young and fresh, or that he asked for a young horse ; and even then perhaps, as regarded the fresh- ness of the horse, it would be a matter on which it would be held that his own judgment ought to be suf- ficient to guide him. There are some instances in which the principle of this maxim of caveat emptor applies, which are yet more material for the purchaser to understand : if he enters the stable to buy a hunter, a race-horse, or a dray-horse, he must judge of the suitableness of the animal for his purpose at his own peril ; unless, ac- cording to the previous doctrine of implied warranty, he distinctly and unequivocally avows his object, and throws himself upon the judgment of the seller. The iit 296 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 297 ignorance of horse-purchasers is frequently so great, that they assume every animal with four legs and a tail, to be capable of every employment to which horses, as a class, can be applied. This is a great mistake, as I have already shown in my earlier pages; but the mistake is yet more serious, where a pur- chaser, or a grasping attorney, ventures into a court of law to remedy it. A purchaser has no remedy in a case like this, un- less he can clearly prove on the part of the seller, misrepresentation in the nature of fraud, after an unequivocal explanation of the object for which the horse is wanted. There are yet other and familiar instances in which the rule of caveat emptor applies ; a purchaser may honestly avow to the dealer that he wants a hunter, or a gig-horse ; according to my doc- trine, the dealer is bound to sell him a horse that has been accustomed to hunting, or to draught, at the peril of an action on the implied warranty; but this obligation is easily satisfied. The purchaser may probably suspect, from the size of the horse, or from his sluggishness, or other circumstances, that he is not qualified for the intended work ; the dealer re- plies, speaking of course ex cathedra, " Oh, sir, that is no objection to a horse for the field ; many a little horse will top a fence that he cannot put his nose over, or go well in harness, that is sulky in the sad- dle." Now observations of this kind do not amount to a warranty, but only to an opinion ; still less can they be considered a fraudulent misrepresentation, or be made the ground of an action for deceit. If the dealer said that the horse would take a double fence, or would trot in harness twelve miles within the hour, then an action for deceit would lie, if it could be proved that he could not, and never had done either one or the other ; yet here again, it would be neces- sary to prove that the dealer knew these representa- tions to be false ; for if he 'was speaking, not from his own knowledge, but on the authority of a false- hood told to himself by the person from whom he bought the animal, it would not amount to deceit, an action would not lie: vide Parkinson v. Lee, 2 East, 314 ; or if the dealer gave an undertaking for the horse's specific performance of either of these feats, then this would amount to a direct warranty, for the breach of which an action might be sustained, without proof of deceit ; or if the buyer left it to his 26 298 THE ADVENTURES OP A GENTLEMAN judgment to supply him with a "perfect" hunter, and the horse proved to be entirely ignorant of his business, an action would lie on the implied warranty: but the mere expression of an opinion imposes no lia- bility, unless that opinion is given professionally, and for "valuable consideration." It is not only the purchaser, to whom these ex- planations will be useful ; dealers may equally learn from them, the infinite importance of a strict adher- ence to truth, in speaking of the qualities of their goods. Good faith is in law an essential requisite to the validity of a contract : and although the precau- tion of requiring a warranty is so obvious and so easy, that courts of law are much inclined to apply the rule of caveat emptor against a purchaser, it by no means follows that they will look with an indul- gent eye upon any misrepresentation made by a seller, if there is apparent indication of a fraudulent pur- pose. A dealer should lay it down as a maxim quite as important for him to observe, as it is for the pur- chaser,— that the less he says the better : after nam- ing his price, he may show his horse off to as much advantage as he can ; he may make the most of it in every way except by lying ; but if in the presence of IN SEARCH OF A HORSE. 299 a witness, ho lies upon any material point to enhance the price, and deceive his customer, he exposes him- self to litigation that may exceed in cost ten times the value of the bargain. Although the cases which I have quoted, are amply sufficient to make it perfectly intelligible what is the nature of the action for fraudulent misrepresentation, yet, as my object is to furnish my readers with every authority that I can find upon horse-dealing transac- tions, I shall add a few other cases that are authori- ties upon the subject of fraudulent deceit. Steward v. Coesvelt, 1 Carr. and "P., 23.—" If a horse is sold with a warranty, any fraud at the time of sale will avoid the sale, though it is not on any point included in the warranty." The warranty was, that the horse was sound, and free from vice. The defendant resisted the action (which was for the price of the horse,) on the ground that the plaintiff had represented the horse to be five years old, and had often been used as a hunter. The horse was more than four, but not five. Mr. Justice Burrough told the jury that if there was fraudulent representation at the time of sale, it invalidated the contract, no matter whether it was a breach of the !»!.; I 300 THE ADVENTURES OF A GENTLEMAN warranty or not. In a note on this case, it is ob- served, that the written warranty of a horse does not require an agreement stamp, and had been admitted in evidence although not on a stamp. This point is decided in Skrine v. Elmore, 2 Camp. 407. I have already alluded to the next case, but the authority of Mr. Justice Bayley is so strong, that I must quote it at length. Wood V. Smith, 4 Carr. and P., 45.—" The general rule is, that whatever a seller represents at the time of sale, is a warranty. A warranty may be either general or qualified. If a person at the time of his selling a horse says, *I never warrant; but he is sound as far as I know :' this is a qualified warranty, and the purchaser may maintain assumpsit upon it, if he can show that the horse was unsound to the knowledge of the seller." It should be noticed, that the words used go rather farther than they are above quoted in the marginal note of the case. The defendant said, " She is sound to the best of my knowledge : I never warrant : I would not eyen warrant myself." It was objected that this was no warranty, but that the action should have been for deceit ; and Mr. IN SEARCH OF A HORSE. 801 Gurney relied on Williamson and Allison, 2 East, 446, and Dobell v. Stevens, 5 D. and R. 490 ; but Mr. J. Bayley held on the motion for a rule nisi, that " whatever a person represents at the time of a sale is a warranty." ,1 must express a respectful doubt whether this dictum does not go too far. There is a strong case on the point in 3 M. and R., 2 : it is the case of Cave v. Coleridge, where it was held that a " verbal representation of the seller to the buyer in the course of the dealing, that ' he may depend upon it the horse is perfectly quiet and free from vice,' amounts to a warranty." I quote the following case, because though the cir- cumstances of it, as it is reported, scarcely amount to fraudulent representation, yet Chief Justice Best lays down the law, very distinctly, that the representation must be known to be wrong. Salmon v. Ward, 2 Carr. and P. 211.—" In an action on the warranty of a horse, letters passing be- tween the plaintiff and defendant, in which the plain- tiff writes, ' You well remember that you represented the horse to me as five-year old, &c. to which the de- fendant answers, * The horse is as I represented it,' 26* 302 THE ADVENTURES OF A GENTLEMAN ! are sufficient evidence from which a jury may infer that a "warranty was given at the time of the sale ; and it is not necessary to give other proof of what actually passed when the contract was made." " I quite agree," said C. J. Best, " that there is a difference between a warranty and a representation, because a representation must be known to be wrong. No particular words are necessary to constitute a warranty. If a man says, * This horse is sound,* that is a warranty. The plaintiff in his letter says, * You remember you represented the horse to me as a five-year-old;* to which the defendant's answer is, ' The horse is as I represented it.* Now, if the jury find that this occurred at the time of the sale, and without any qualification, then I am of opinion that it is a warranty ; if it occurred before, or if it was qualified, then it must be taken to be a represen- tation, and not a warranty.'* 1 It does not, hDwever, appear to follow, that it is competent to the purchaser, at any time, to avail himself of the objection of fraud. This position is scarcely sustained by the first of the following cases ; on the contrary, it seems to imply, that if deceit has been practised, lapse of time will not bar the objection ; IN SEARCH OP A HORSE. 303 but at all events the case is in point, as regards the principle of representation without fraud ; and, per- haps, without any forced construction, it will warrant the inference that negligence in promptly ascertain- ing fraud, will bar the action. The case of Prosser t;. Hooper, already quoted, ought to be closely com- pared with this case on the question of time. P^rcival V. Blake, 2 Carr. and P. 514.— "If a person purchases an article, and suffers it to remain on his premises for two months, without examination, and then finds it to be unfit for use, he cannot after that length of time, avail himself of the objection in answer to an action for the price, unless some deceit has been practised with regard to the article.*' In this case, a letter promising payment was written by the defendant two months after the de- livery of the goods; and Chief Justice AbboU thought that his objection came too late, two months being more than a reasonable time to discover the defect, unless deceit had been practiced. The jury, however, thought otherwise, and found for the defen- dant ; at the same time they acquitted the plaintiff of wilful misrepresentation. A recent case, however, has been decided, which is I||k i ![■ 804 THE ADVENTURES OP A GENTLEMAN : 1 of far more consequence to all purchasers under fraudulent representation, and if it is to be considered law, it is of the last importance ; it is the case of Campbell v, Fleming, 1 Adolphus and Ellis, 40, where it is held, " that if a party be induced to pur- chase an article by fraudulent misrepresentation of the seller respecting it, and after discovering the fraud continue to deal with the article as his own, he cannot recover back the money from the seller ; and it is also held, that the right to repudiate the con- tr|ict is not afterwards revived by the discovery of another incident in the same fraud." I understand this case to decide, that if a purcha- ser adopts the article purchased as his own, after he has discovered fraud, he cannot repudiate the con- ' tract: and therefore, that if on the discovery that he has been fraudulently imposed upon as to the age 01 a horse, he still retains him as his own property, he cannot afterwards avoid the contract for fraud, though he should subsequently discover that he has been similarly deceived as to his sight. I cannot ac- quiesce in the reasonableness of this doctrine, if I rightly understand it. Mr. Justice Park does not appear to have adverted to this point in delivering his opinion. IN SEARCH OF A HORSE. 305 The principle of Campbell v. Fleming has been since discussed and fully recognized in the case of Selway .. Fogg, the only report of which that I can at present find, is in the Times of the 8th of May, 1839. The plaintiff had contracted to do certain wk for £15, but the jury found that the contract had been made under a fraudulent representation of the extent of the work, and therefore delivered a verdict for the plaintiff for XTO, on the quantum meruit. The defendant obtained a rule nisi for a nonsuit, and on the argument Mr. Erie contended that the defendant was not at liberty to set up a d.s- honest bargain made by his own fraud : he quoted the cases of Beddell .. Levi, 1 Starkie, and Abbots .. Barry, 2 Brod. and Bing., in support of his argu- ment. Mr. Humphrey in reply, urged that the, plaintiff should have repudiated the contract as soon as he discovered the fraud, but having gone on with the work under it, he adopted and was bound by it. On the authority of Ferguson v. Cariington, 9 B. and C. the Court of Exchequer coincided m this view of the case, and made the rule for a nonsmt ab- Bolute In the case of Brett v, Lovett, reported m the Times of the 12th of June, 1839, where the ques- 806 THE ADVENTURES OP A GENTLEMAN tion was raised whether the defendant had repudiated goods within a reasonable time, the Court of Exche- quer, upon the argument for a new trial, held that the judge had rightly thrown on the defendant the burthen of proof that they had been repudiated within a reasonable time: I need scarcely observe that if this is sound doctrine in the case of a purchase of goods generally, it particularly applies to the case of a horse. The reader should advert to the case of Adam v, Richards, 2 H. B. 573, hereafter fully quoted, on the necessity of a speedy return of an unsound horse. It is scarcely necessary to observe that except under circumstances of premeditated deceit capable of clear proof, the sale of an unsound for a sound horse is not an offence cognizable by our criminal courts. This is established by Lord Mansfield in the case of the King v. Wheatley, 2 Burr. 1125 : " The selling an unsound horse as and for a sound one, is not indict- able ; the buyer should be more upon his guard." My reader must bear this in mind when I speak of deceit and fraudulent representation. But if the fraud is concocted with deliberation and plan, I conceive that it is indictable, and when several parties concur in IN IN SEARCH OF A HORSE. 307 the design, they would be guilty of a conspiracy, of which the criminal courts would take cognizance. My last head of the subject of warranty is much simpler — warranty by an absolute undertaking that the articles sold shall answer to a certain de- scription. "A very comprehensive definition of warranty is given by very high authority. In Stuart v, Wilkins, Doug. 20, Lord Mansfield lays it down, that "a warranty extends to all faults known or unknown to the seller." In a certain sense this is true. A seller may undertake that his horse is free from every fault, or vice, or disease of whatever descrip- tion ; and if such an undertaking is given, it falls within his lordship's definition of a warranty. But such warranties are gone out of fashion, and in these times all warranties are usually limited to " sound- ness," or to capabilities of a given description. A warranty by an absolute undertaking is easily understood ; it is a distinct promise that the horse shall be capable of all work, or of a,<5ertain descrip- tion of work, or that he shall be exempt from all diseases, blemishes, and imperfections; or exempt with certain exceptions ; or that he shall be gifted I I 808 THE ADVENTURES OF A GENTLEMAN II ll II with a certain degree of speed, or other qualifica- tions ; or be of a certain age, or not exceeding that age : in short it amounts to this ; that certain con- ditions being specified by the purchaser, the seller will be liable for any diff'erence in value, if those conditions are not performed ; but it has been held that a warranty against visible defects is bad in law, the purchaser being expected not only to possess ordinary skill, but to exhibit ordinary caution. In Dyer v. Hargrave, 10 Ves. 507, the Master of the Rolls said it was held at law, that a warranty is not binding where the defect is obvious, and put the case of a horse with a visible defect : which doctrine is also held in Bayley v, Merrel, Cro. Eliz. 389, where the judge puts the case of a horse sold under a warranty that he has both his eyes, when in fact he has but one. These cases would seem to have been overlooked by the author of the work, " The Law relating to Horses," when he observes that the loss of an eye is an existing unsoundness. The loss of an eye is a patent defect, unless it arises from the disease called "gutta Serena," or a paralysis of the optic nerve without any apparent injury. IN SEARCH OF A HORSE. 309 But I admit that if this is good law, it certainly would seem to apply only in such extreme cases as the one here instanced: yet in Margetson t;. Wright, 6 M. and P., 606, it was held that a warranty that a horse was sound wind and limb, did not include crib- biting, because it was expressly mentioned ; nor a splent, because it was apparent; vide also, 7 Bing. 603, and 8 Bing. 454. An absolute warranty may be given either ver- bally or in writing, subject to one or two qualifica- tions. It has been already seen, that by the statute of frauds there must be a memorandum in writing, if the horse is not delivered on the spot, either actually or constructively; or if money is not actually paid W " earnest :" if in pursuance of the statute a writ- ten memorandum is made, I think, though the cases are somewhat contradictory, that it would be by far the safer course, if not absolutely necessary, to in- clude in the memorandum, the exact terms of the warranty : vide the case of Pickering and Dowson, before quoted. It is, as I have already observed, a general rule of law that where a written memorandum of agreement exists, you cannot give parole evidence to carry that 27 11 m 310 THB ADVENTURES Of A GENTLEMAN IN SEARCH OP A HORSE. 811 agreement farther ; if, however, no memorandum has been made of the contract, the warranty may be verbal and equally binding. It must also be observed, that if the absolute war- ranty is at all special in its terms, as, for instance, if it is a warranty that the horse is sound, except as to a cough, and that it is free from blemish, except as to one eye, or that it is free from vice, except in harness, or that it will trot fifteen miles within the hour, it is in all such cases most important that the warranty, though a verbal one may in strictness be sufficient, should be accurately reduced to writing ; for every lawyer knows that nine out of ten of the cases that come into court, on verbal warranties, depend upon the recollection of the witnesses as to facts, and that such recollection is usually very full of doubts. .When, however, a warranty is reduced to writing, another precaution is equally indispensable, — the stipulated terms must be accurately expressed ; the dealer on the one hand will be strictly held to his warranty, and the purchaser on the other will be strictly precluded from grafting any equivocal en- gagement upon it. This position is strongly illustrated in the follow- ing case : — Coltherd v. Puncheon, 2 Dowling and Ryland. — " Proof that a horse is a gopd drawer only, will not satisfy a warranty that he is a good drawer and pulls quietly in harness." " It is quite clear," said the court, " in this case, that these are convertible terms, because no horse can be said to be a good drawer if he will not pull quietly in harness, and therefore proof that he is merely a good puller will not satisfy the warranty : the word good, must mean good in all particulars." This case decides that on the part of the dealer he will be held strictly to his engagement ; the follow- ing cases will equally prove that on the part of the buyer, he will not be allowed to interpret the war- ranty beyond its fair meaning. In Geddes v. Pennington, 5 Dow. 159, the war- ranty was that the horse was thoroughly broke for gig or saddle, and so it was proved ; but the pur- chaser being unskillful in driving, he could not re- pudiate the contract for faults that in more skillful hands, would not have been displayed; there ap- pears, however, on the case, reason to infer, that the I 312 THE ADVENTURES OF A GENTLEMAN faults were actually produced by the unskillfulness of the purchaser. In the next case, the limits within which a war- ranty must be taken, are yet more closely defined. Budd V. Fairmaner, 5 Carr. and P. 78.—" A re- ceipt on the sale of a colt, contained the following words after the date, name, and sum : ' for a gray four-years-old colt, warranted sound in every re- spect.* Held that such part as related to the age was a representation only, and not a warranty." The colt proved to be only three years old : it was stated, however, by several veterinary surgeons, that by four years old was sometimes meant three off, or rising four, and sometimes, though it is not very in- telligible, four off, or rising five ; they also said that till it was actually four it was not suitable for a car- riage-horse, as which it appeared that the plaintiff meant to use it. On the trial Chief Justice Tindal said, "I am of opinion that the first part of the receipt contains a representation, and the latter part a warranty. In the case of a representation, to render liable the party making it, the facts stated must be untrue to his knowledge, but in the case of a warranty, he is IN SEARCH OP A HORSE. 813 liable whether they are within his knowledge or not." On the argument on the rule nisi, Justice Alder- son observed, " A warranty must be complied with whether it is material or not, but it is otherwise as to ft representation ;" and subsequently added, *' If the word * warranted' had been the last word, I should have held that it extended to the whole :" sed vide Richardson v. Brown. The case was decided on the authority of Richard- son V. Brown, 1 Bing. 344, and Dickenson v. Gapp, tried in the Common Pleas, at the adjourned sittings after Hilary Term, 1821, by Chief Justice Dallas : Chief Justice Tindal observed, " What a man warrants he must make good, whether he knew the fact or not, but what he represents, if there is a latent defect, and he acts bond fide, he is not at all answerable." The same doctrine was held in De Sewhanberg v. Buchanan, 5 C. and P. 343. " If there was no ex- press warranty," said Chief Justice Tindal, "but only a representation, then as there is no evidence that the plaintiff did not believe that the picture was a Rembrandt, he will be entitled to recover the fuU amount of the bill/* 27* 814 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 815 In Richardson v. Brown, 8 Moore, 388, 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 con- stantly driven in the plough — warranted;*' it was held that the terms of such warranty applied to the soundness of the horse, rather than to the nature of his employment.* I have already adverted to the necessity of a warranty being given previously to or cotempora- neously with the purchase : if given afterwards it makes for nothing, because it is considered in law that the purchase money having been already paid or promised, a subsequent warranty is without con- sideration, and consequently invalid ; but words sub- sequently used may acknowledge that a warranty was given at the time of contract, and the following case is quoted on that point : — Payne against Whale, 7 East, 274.— " After a * The careful reader will observe that this is much at variance with the dictum of Mr. Justice Alderson, quoted in the preceding page, that if the word " warranted " had been the last word, it would have included the preceding representation. I incline to the soundness of Mr. J. Alderson's opinion. warranty of a horse as sound, the vendor in a subse- quent conversation said, that if the horse were un- sound, (which he denied,) he would take it again, and return the money. This is no abandonment of the original contract, which still remains open, and though the horse be unsound, the vendee must sue upon the warranty, and cannot maintain assumpsit for .money had and received, to recover back the price after a tender of the horse." This case is usually quoted as an authority on a point of pleading, that an action will not lie for money had and received under the circumstances stated, but the original contract remaining in esse, the proper remedy is by an action on the case. I refer to it, however, because the expression used by the defendant is one frequenly used by dealers : "If the horse were unsound, he would take it again, and return the money." There was no other proof of the original bargain than this conversation ; and Mr. Justice Le Blanc observed, that it amounted to a re- cognition by the defendant that he had in the first instancewarranted the horse to be sound. I may ob- serve however, that if it was a recognition of the war- ranty, it seems also to have been a recognition of the I] 316 THE ADVENTUEES OF A GENTLEMAN bargain to take the horse back again, and return the money if he was unsound. I cannot, I confess, ex- actly understand the distinction taken by the learned judge, but the niceties of pleading are not always in- telligible even to the initiated. The unsoundness in this case was that the horse was a roarer. I refer my readers to the case of Towers v. Bar- rett, 1 T. R. 133, for an elaborate argument on the question of pleading alluded to above ; and the case of Weston v. Downs, Doug. 23, and fully quoted in Selwyn's N. P., page 98, to which case reference is made in Towers v. Barrett, may also be properly cited. Another very important point, that every dealer or seller must bear in mind is, that a groom or other agent employed to sell a horse, is authorized to exer- cise a discretion in warranting him, and may do so even contrary to the positive instructions of his mas- ter, and fix his master with liability. The following cases are very strong upon this point : — Holyearv. Hawke, 5 Espinasse, 72.— "Where a principal employs an agent or servant to sell for him, what such agent says as a warranty or representation IN SBAKCH or A HORSE. 317 at the time of the sale, respecting the thing sold, is evidence against the principal, but not what he has said at another time." In this case, the horse Was standing at Tattersall's, and had been described in the catalogue ; but before the day of sale, the defendant's groom being there to take care of the horse, answered the plaintiff's in- quiry whether he was free from vice, in the affirma- tive. The plaintiff failed to prove the warranty, but in the progress of the cause Lord Ellenborough re- marked, " If the servant is sent with the horse by his master, and which horse is offered for sale, and gives the direction respecting his sale, I think he thereby becomes the accredited agent of his master, and what he has said at the time of the sale, as part of the transaction of selling, respecting the horse, is evidence; but an acknowledgment to that effect, made at another time, is not so : it must be confined to the time of actual sale, when he was acting for his master." And in another place his lordship adds, '* I think the master having entrusted the servant to sell, he is entrusted to do all he can * to effectuate ^ t * Honetily, of course bis Lordahip means. 318 THB ADVENTURES OF A GENTLEMAN *' * the sale ; and if he does exceed his authority in so doing, he binds his master." In Alexander v. Gibson, 2 Campbell, 555, a ser- vant being employed to sell a horse and receive the price, was held to have an implied authority to war- rant the horse to be sound ; and "in an action upon the warranty, it is enough to prove, that it was given by the servant, without calling him, or show- ing that he had any special authority for that pur- pose." Lord EUenborough : " If the servant was autho- rized to sell the horse, and to receive the stipu- lated price, I think he was incidentally authorized to give a warranty of soundness. It is now most usual on the sale of horses, to require a warranty : and the agent who is employed to sell, when he warrants the horse, may fairly be presumed to be acting within the scope of his authority. This is the common and usual manner in which the busi- ness is done, and the agent must be taken to be vested with powers to transact the business with which he is entrusted, in the common and usual manner. ft It is remarkable that when the servant was after- i IN SEARCH OP A HORSE. 319 wards called by the plaintiff, he swore positively on his examination in chief, that he was expressly for- bidden by his master to warrant the horse, and that he had not given any warranty. Lord EUenborough, though it was objected to, allowed the plaintiff to contradict his own witness, and to call another to prove that at the time of the sale, the servant de- clared that "the horse wa« sound all over," and the plaintiff thereupon recovered. So in Pickering v. Busk, 15 East, 45, Mr. Justice Bayley says, " If the servant of a horse-dealer, with express directions not to warrant, do warrant, the master is bound." In the case of Fenn v, Harrison, 8 T. R., 757, Lord Kenyon holds this docti-ine, and says, that the mas- ter has his remedy over against the servant. In Scotland (Bank) v, Watson, 1 Dow. 45, a dis- tinction is made between the servant of a horse-dealer, and the servant of a person not being a dealer,— in the latter case the servant not having the power to bind his master, if forbidden to warrant. The case of Strode v. Dyson, 1 Smith, 400, also bears on this point; as well a^ that of Woodin v. Burford, 2 D. and M., 391, where an authority to a servant to deliver a horse was held not to extend to war- ■ 320 THE ADVBNTORES OF A GENTLEMAN ranting him, though the servant signed a receipt for the price. -«' It appears necessary that contradictory opinions should exist, even on the simplest point, in horse- dealing law. There is a case reported in the Times journal, of the 22d of April, 1839, of which I do not see any report in the law-hooks, in which these authorities seem to have heen overlooked, if we may draw that inference from the grant of a rule nisi, for I have been unable to find how it was eventually decided. It is in the case of Tomlin v. Bowse : the action was brought on the warranty of a horse, of which one Laycock had the charge, at Brough fair. The warranty was in the following terms: "Bought of James Laycock a bay horse for c£35, warranted sound. James Laycock." Laycock was the servant of the defendants, and the horse proving unsound, an action was brought on this warranty : the plaintiff recovered a verdict, and the defendant moved for a new trial, on the ground that a servant who had not a special authority given him by his master to war- rant a horse, could not render his master liable by giving a warranty. The point was reserved by Baron Parke at the trial, and a rule nisi was granted. Lsi IN SEARCH OF A HORSE. 821 * There is also a case of Ashbourne v. Price, 1 Dow- ling and Ryland, 48 N. P. C, in which, without reference to the distinction made in the case of Scot- land V. Watson, a contrary opinion appears to be entertained ; but as the allusion to horse-dealing was only incidental, I think it cannot be held to overrule the authority of Strode v, Dyson, and Woodin v. Burford. " Where an attorney's clerk admitted, on the taxa- tion of costs before the Master, that the suit in which the costs were taxed was conducted by his employer from motives of charity on behalf of the plaintiff, it was held that the clerk was such an agent as to bind his master by such admission." It was contended by Scarlett that there was noth- ing in this case to take it out of the general rule of law, which excluded hearsay evidence ; for in the case of an action upon the warranty of a horse, sold by a servant for his master, ^he servant's declaration of soundness would not be evidence to prove a war- ranty by the master. Chief Justice Abbott : " The case supposed was distinguishable from the present, because there was not, in the instance of a groom's selling a horse for his master, that direct and posi- 28 r 3£2 THE ADVENTUEBS OS A GENTLEMAN -1 tive agency which existed on the fact of an attorney's clerk attending to tax the costs of an action con- ducted by his employer." The case of Cornfoot v, Fowke, in which judgment was delivered in the Court of Exchequer on the 25th of April, 1840, but which is not yet reported, is collaterally a very important one, in considering the limits within which an agent can bind his principal. The defendant had taken a house of the plaintiflf through the agency of Mr. Elkins, a house-agent. Mr. Elkins had stated that there was "nothing objectionable about the house;" but the defendant, after signing the agreement, dis- covered that the adjoining house was a brothel, and that this was known to the plaintiff, who had endeav- ored in vain to put down the nuisance. Mr. Elkins, the agent, was, however, ignorant of the fact. Lord Abinger, at the trial, thought this was a good defence to the plaintiff's action, and held that "the knowledge of the plaintiff was to be taken to be that of the agent also, and that though there was no proof of any authority to the agent to make the alleged misrepre- sentation, still, in the eye of the law, he must be bound by the act of his agent." The court, after much consideration, overruled this IN SEARCH OF A HORSE. 823 opinion of Lord Abinger, who still, however, adhered to it, after the argument. Barons Rolfe, Alderson, and Parke, were the other judges. It is necessary for the purchaser to take care that his warranty is very distinctly expressed, so as to fix a liability with certainty upon the actual vcndoj ; for in Symonds v. Carr, 1 Campbell, 361, it was held, that if an agent for the sale of horses sells to a man in one lot, and at one entire price, a horse belonging to B^ and another belonging to C, warranting both horses to be sound, the purchaser cannot maintain an action against B for the unsoundness of the horse belonging to him, (B,) as upon the sale of that horse separately, since the contract concerning the two horses was entire, and in declaring on a contract it is necessary to aver the entire consideration for tlie warranty. Having made these general remarks, which are applicable to all warranties of an absolute character, whether general or qualified, I will proceed to the usual warranty : namely, that of an absolute under- taking for soundness; and before I consider the question, the all-important question, in what sound- ness consists, I will mention two cases that refer to 324 THE ADVENTURES OF A GENTLEMAN tbe abstract principle. The first is that of Eaves v. Dixon, 2 Taunton, 848, where it was held, that in an action on the warranty of a horse, the plaintiff must positively prove that the horse was unsound. The horse died a few days after the sale, and on dissection it was found, that the lungs were greatly inflamed, and adhered to the ribs : the pericardium was also enlarged. It was also proved that the horse was apparently in health and high condition down to the time of sale : that the disorder was of so rapid a nature that inflammation of the lungs was known sometimes to begin and terminate in mortification within three days. On the other hand a farrier, called on behalf of the plaintiff, imputed the sleek- ness of the horse's condition to water under the skin, arising from dropsy in the chest. On this conflicting evidence the plaintiff succeeded at the trial, but the court held that he ought to have been nonsuited ; « for on the warranty of a horse, it is not sufficient to give such evidence as to induce a »u»picixm that • the horse is unsound ; if the plaintiff only throws soundness into doubt, he is not entitled to recover ; he must positively prove that the horse was unsound at the time of sale." IN SEARCH OF A HORSE. 325 The next case is very important, not merely for its general principle, but in reference to the measure of damages to be taken by the jury in an action upon a warranty ; but I quote it in this place to ground an important principle, and one which in considering the doctrine of warranty of soundness, is too frequently lost sight of by professional men as well as others : namely, that soundness is a question of fact for a jury, and not of law : in a former note to this edition, I have alluded to an anonymous work published ten years ago, on the Laws relating to Horses : the case that I have just cited is quoted also in that work, and the inference which its author draws from it, confirms the importance of the principle which I have here presumed to lay down. He observes that "it will not impeach the warranty, if the purchaser can only produce doubtful evidence of unsoundness, even of proper judges." That this inference is sustained by the authority, I do not deny ; but in my judgment, the authority is itself questionable. That it is a question for the court above, whether a verdict is against evidence, no lawyer will dispute ; but what is the value of doubtful evidence is entirely a question for a jury, 28* ;• 326 THE ADVENTURES OF A GENTLEMAN assuming that the doubt is not one of admissibility ; and, therefore, if a jury decides that the fact of unsoundness is established, inasmuch as they are the judges of fact, I apprehend that the court would not set aside their verdict merely because the evi- dence was not necessarily decisive. The following case, I think, bears me out in this position: Lewis V, Peake, 7 Taunton, 153.—" The soundness or unsoundness of a horse, is a question peculiarly fit for the consideration of a jury, and the court will not set aside a verdict for a preponderance of contrary evidence. If the buyer of a horse with warranty, relying thereon, resells him with warranty, and being sued thereon, by his vendee, offers the defence to his vendor, who gives no directions as to the action, the plaintiff* in defending that action, is entitled to re- cover the costs thereof from his vendor, as part of the damage occasioned by his breach of warranty." * This is correctly quoted ; but to an unprofessional reader, it would be more intelligible to substitute " defendant" for " plain- tiflf :" the party would indeed, be " plaintiff" in the action against his own vendor, but a plaintiff can scarcely be properly spoken of as " defending" an action : still, for the sake of accuracy, I prefer quoting the report as I find it. IN SEARCH OP A HORSE. 827 The judgment of the court proceeded on the ground that the warranty of the first vendor induced the se- cond to give a similar warranty, and having given to the first vendor notice of the action, he was justified in going on with the defence, instead of admitting the objection on the warranty, and relying on his remedy over upon it ; as it was contended by counsel that he ought to have done. We now arrive at the awful question, what is in- tended by soundness in a horse ? and though I have just observed that this is properly a question for a jury, I do not mean to contend that there is not a certain legal definition of the term, by which a jury should be directed to consider their verdict. In the earlier part of this book, writing in a tone of levity more becoming the character of the topics of which I have there treated, I have remarked upon the contrariety of opinions upon unsoundness as they may happen to be expressed by dealers, farriers, or purchasers : all these parties are too much interested in the question for their opinions to deserve implicit confidence ; but it certainly is much to be lamented that our courts of law have not laid down some uni- form decision upon the subject which might guide all 328 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 829 parties to a sound discretion in considering the policy of an appeal to a jury : it not only would save jury- men the trouble of long and painful consideration upon the value of evidence, but would prevent a mul- tiplicity of perjury in horse causes, that are now un- fortunately proverbial for it. What then is the meaning of soundness ? When the word is applied to a horse, we have seen that in the case of Coltherd v. Puncheon, "good," means "good in all particulars." In quoting 1 Rolls Abridg. p. 90, Mr. Justice Law- rence appears, we have seen, to consider "secret maladies" as the essential ingredient in unsoundness. In two cases already quoted, Elton v. Brogden, and Shillito v. Claridge, Lord Ellenborough gives his opinion that^ " if a horse is affected by any malady which renders him less serviceable for a permanency, it is unsoundness ;' ' and again, that " a warranty of soundness is broken if the animal at the time of the sale had any infirmity upon him which rendered him less fit for present service ; it is not necessary that the disorder should be permanent or incurable." The author of the anonymous work I have already quoted, defines soundness to be in its enlarged sense " an ex- emption from radical constitutional defects, but in its practical sense, it is construed so as to exclude every defect by which the animal is rendered less fit for present use and convenience." All these definitions are vague, insufficient, and unsatisfactory ; although my anonymous friend, in his practical construction of the term, approaches very nearly to what I consider ought to be its legal as well as its usual meaning. Veterinary surgeons are sometimes equally inaccu- rate. Mr. John Lawrence, who, I believe, was con- Bidered eminent in his profession, defined soundness to imply, "not diseased, lame, blind, or broken- winded, nor having at the time of sale any impend- ing cause thereof." This definition is not only vague, for disease is itself an uncertain term, but is also un- intelligible. Mr. Taplin, in his Stable Directory, asserts the sporting definition of the word to be, "a perfect state of both the frame and bodily health of the horse, without exception or ambiguity; the total ab- sence of blemishes, as well as defects; a freedom from every imperfection, from all impediment to sight or action." It is obvious that this definition is almost Indi- ^'^1 830 THE ADVENTURES OP A QENTLEMAJJ crously high ; the horse is in its perfect state only in an unreclaimed condition ; and it may well be doubt- ted if even in a state of nature the majority of the herd are perfect. I have understood the opinion of Mr. Mavor, an eminent veterinary surgeon, to have been given in a court of law, that " he considers a horse to be sound which is perfect in structure, and perfect in function ; and that even where his structure is not perfect, that if he has never been lame, or incapacitated from per- forming his ordinary duties, nor likely to be incapa- citatied from performing them with equal facility, he still is sound."* * I have been censured in a review of this work for the quo- tation of this opinion of Mr. Mavor's without acknowledging the channel through which it reached me. The reviewer, after alluding to a book called *' The Horseman's Manual," and inti- mating that I had untruly denied a knowledge of that book, sayg of Mr. Mavor's opinion, " We know it was furnished exclusively to the author of ' the Horseman's Manual.' " This knowledge of the reviewer strongly implies that he is one and the same person with the author of the Manual, and the soreness which he betrays at my omitting to mention that work by name, adds strength to the suspicion. Had I availed myself of Mr. Mavor's opinions and attempted to pass them current as my own, I should have been IN SEARCH OF A HORSE. 881 I acknowledge that this definition, though not quite satisfactory to my mind, is more so than any other that I have happened to find. It ought to be recollected, that the domesticated animal is in a ne- guilty of, great dishonesty; but this is the first time I ever heard that it was not competent to an author to quote the published opinion of another person by name, without subjecting himself to the charge of plagiarism ! The fact is, that I received the opinion in the first instance, from a friend, who, knowing that T was engaged on the subject of Horse warranty, thought it would be interesting to me. I under- stood from him that it had been delivered in a court of law, and I have 80 quoted it above. Long after my work was gone to press, I heard of the Horseman's Manual for the first time. 1 read it with attention, and I found it badly arranged, very superficial, and what is still worse, inaccurate both in the quotation and construction of cases. I will at present quote but one instance ; the first that occurs to me on opening the book. The author at page 69, cites the case of Fenn v. Harrison, 3 T. R. t5t, and puta into Lord Kenyon's mouth an opinion directly opposite to that which hi, Lordship pronounced; and this, not by any accidental error of the press, but by a correct quotation of the judicial Ian- guage, and an incorrect application of it to the subject; thus proving to demonstration that he did not comprehend what he was writing about 1 My object not being to criticise the works of others, but to improve my own, I thought the most charitable course was to omit the notice of a book that I could not quote 332 THE ADVENTURBS OF A GENTLEMAN cessarily artificial state ; and consequently, that all terms implying perfection, must be qualified by reference to his acquired habits and intended use ; but if, having regard to the purpose for which he without censure. I have done the author no injur^^, however, for though his work seems to have been published for nearly five years, it has not yet reached a second edition ; and I can assure him for his comfort, that it is as little known in legal circles as I am, thank heaven, in the betting-room at Tattersall's. There is another instance of amusing resemblance between the reviewer and the author of the Horseman's Manual, which I cannot forbear quoting. It proves them to be equally " strong in their law." Referring to the case of Broennenburg v. Haycock, hereafter quoted, the reviewer comments on my ignorance in not knowing that this decision had been overruled. I confess my ignorance, and truly grateful should I have felt to my critic, had he enlightened it : but following the example of his friend, the author of the Manual, who quotes two cases of Earle v, Patterson and Taunton v. Adams, for which he gives no authority, my re- viewer in like manner overrules Mr. Justice Burrough's decision, and challenges my law upon his oum " distinct recollection" of the case of Paul v. Hardwick ! ! ! He cites no report for it ; quotes no author; gives no abstract even of the facts: but, on his own supreme anonymous authority, consigns the learned judge to aU the ignominy of judicial darkness I I have searched in vain through Harrison's Index of all reported cases for this valuable decision of Paul and Hardwick. But it is difficult to baffle an IN SEARCH OF A HORSE. 833 is domesticated, and to the discipline both moral and physical, to which he is subjected to qualify him for those purposes, the horse is capable of performing them satisfactorily, with comfort and safety both to his owner and to himself, he should be considered sound. It is to be observed however, that in con- sidering this point, regard must be had to the man- ner in which he is to be employed ; for nothing is more common than for the purchaser to use his horse in novel duties, such as a gig horse for the field, or a hunter for the road ; and this sudden change of his accustomed habits perhaps superinduces or elicits in- firmities, or even disease, to which the horse might long have remained a stranger had he continued in big ordinary occupation. Yet, if such disease or attorney in case-hunting 1 I have at length found this case of Paul t,. Hardwick. It is in Dodsley's Annual llegisterl I I need scarcely quote from an authority like this for the benefit of my legal readers: others who only read law for amusement will find much more in the daily reports from the Courts of Request; but n^importe, the learned critic is not only "strong," but omnipotent " in his law ;" and I bow to his learning with respect. For his other criticisms I feel obliged to him ; some of them have been of essential service to me, as the improvements in this edition will show. 29 334 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 335 infirmity shows itself, dispute about his soundness is sure to follow. I am much disposed to adopt Mr. Mayor's defini- tion, modifying it only in one particular. I should say, that a horse is sound, if he is not laboring under such disease or infirmity, or symptoms of approach- ing disease or infirmity, as incapacitate him for the safe performance of all reasonable work, of the cha- racter for which ho is avowedly purchased. If a jury is satisfied that any defect or disease existed at the sale, or any symptom of approaching infirmity or disease, that would incapacitate him for his accus- tomed labor, their verdict should be unsoundness. Mr. Sewell, who has added largely to the obliga- tions which I have already expressed to him in my former editions, has suggested to me a means of pre- venting litigation on the question of soundness, which I think, well deserves the consideration of influential men in the sporting world. It is now settled in the case of blood stock, that their age shall be dated from the 1st of January. This very convenient arrangement has been effected by the influence of the Jockey Club, and is recognized in courts of law. Why cannot the same authority be exerted to settle the form and construction of a general warranty ? The difficulty appears to be, to make the understanding at once so general as to in- sure due protection to the purchaser, and so specific as not to subject the seller to speculative construc- tion of its meaning : but I think this difficulty is not insurmountable. A warranty, as now understood, protects against all defects known or unknown to the seller, unless such as are specially excepted. This is too comprehensive. If it were conventionally settled, that a general warranty shall extend only to all defects discovered within a given time, as a week for instance, or against all defects incapacitating a horse for that labo/ for which he is avowedly pur- chased,— a construction which I should prefer,— little difference of opinion could arise as to the horse answering such a warranty. The first form of war- ranty would certainly dispose of nearly all doubtful ca^es. The second would render the contract be- tween the buyer and seller too clear and precise to leave room for any question that a groom could not easily determine. Such an atratigement would con- siderably abridge the inquiry of a jury on every horse cause, by reducing the issue to the simple I 336 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 387 question of the horse's capacity for given work, -whe- ther laboring under disease or not ; and the conve- nience would be soon found so great to the public, that I have little doubt of the courts of law inclining to sanction such a construction of a horse warranty. The capacity of a horse for work would of course be in many instances a critical question ; nor would it be less so, whether the work in which the purchaser had employed him, corresponded with that for which he had avowedly purchased him ; but these are facts that would scarcely admit of such contradictory evidence, as is given in the case of scientific opinion. Every man accustomed to horses can at once say whether the animal can work satisfactorily, though very few are competent to give a correct opinion whether a hor^e is diseased, or whether the disease is of long standing or of recent' occurrence. A case lately occurred to myself, that illustrates tbe utility of such a definition. I had a mare stand- ing at Mr. Woodin's for sale. He had been ac* quainted with her for several months, and relying on his knowledge of her, and his judgment in such matters, I warranted her sound to a gentleman, who, on trial of her, expressed himself satisfied with her paces and general appearance. He rode her a second time to Mr. Field's, but not without disclos- ing his intention to have her examined, to which I readily acceded ; here she was condemned as lame in her off hock : of course he declined purchasing her. Now what is the fact ? About four months before, she threw a curb, of which she speedily recovered, though the blemish remained, and was pointed out to him in the first instance, when the warranty of soundness was offered: so far, however, was she from being disabled, that she twice, within three weeks, carried me forty miles without drawing bit, and once had a fair day with the fox-hounds ! It will be readily supposed that I should not have thus worked a lame horse, which I was about to sell at the end of the season. Without distrusting the skill of Mr. Field, for whom I have a sincere respect, I had more confidence in Mr. Woodin's opinion, con- firmed as it was by my own experience of the mare. Mr. Field was misled by the blemish : the mare was not lame any where ; and had the only question put to Mr. Field, been as to her capacity for work, I should not have lost a purchaser, and the purchaser would not have lost a cheap and very useful horse : 29* 338 THE ADVENTUEBS OF A GENTLEMAN but yet I admit that a blemish of this nature, though not attended with any lameness, justified Mr. Field in advising that she was an unsound horse, according to the usual acceptation of the term, had I sup- pressed the fact in giving the warranty, though it may perhaps be doubted whether a curb, being a patent defect, comes within a warranty of unsound- ness. It would also reduce disputes on horse warranties materially, if special warranties were more frequently given. Such warranties are indeed not uncommon as it is. I have seen many with special exceptions, as of an eye, a cough, a splent, &c. ; nor is there any good reason why any infirmities of this kind, scarcely affecting the price of a horse otherwise sound and good, should not be openly avowed. The only reason why they are studiously concealed, is that ignorant buyers over-rate their importance; but if it were customary with respectable dealers to declare them, it would soon be felt that they were not considered of sufficient consequence to affect the price of a horse purchased bona fide for labor, and not for the market. It might also be an express condition of every IN SEARCH OP A HORSE. 339 warranty that the opinion of a veterinary surgeon, to be named before the purchase, should be conclusive between the parties, and the return of the horse should be a necessary consequence of his being thus certified to be incapable of the work for which he was sold. I shall now endeavor, in reference to the warranty of soundness, to explain its meaning, by quoting the cases which establish any particular disease or infir- mity to amount to unsoundness ; and then I will give a short summary of all the complaints, which, as the law stands, would fall within the term. It would seem extraordinary that so few cases are to be found in the books, that contain decisions upon the question of soundness, as respects any specific disease. When, however, the principle already quo- ted is remembered, that soundness is for the jury to determine, it is obvious that special disease can rarely fall under the consideration of the court, except col- laterally; hence, after a close examination of the reports, I find that the following disorders are the only ones on which any distinct opinion has been expressed by our judges : Roaring, temporary lame- ness, COTghs, splents, nerving, opthalmia, crib-bitmg, glanders, and hereditary disease. 340 THE ADVENTURES OF A GENTLEMAN Chest-founder has been assumed to be unsoundness, and also a swollen leg proceeding from a kick, but not formally so decided in any recorded cases, though as regards chest-founder, I shall hereafter refer to a case in which it was relied upon as unsoundness. Roaring was held to constitute unsoundness, in the case of Onslow v. Eames, 2 Starkie, 81. "Roaring constitutes unsoundness in a horse." Lord Ellenborough : "If a horse be affected by any malady which renders him less serviceable for a permanency, I have no doubt that it is an unsound- ness. >> Yet, in the following case of Bassett v. Collis, a distinction is drawn, upon the authority of Sir James Mansfield, who certainly was a good sportsman as well as a learned judge, between roaring as a habit and roaring attended by organic infirmity. The case just mentioned was prior in point of date, and there- fore, Onslow V. Eames is better authority. On the trial of the latter cause, Mr Field stated in evidence, that roaring was " occasioned by the neclc of the windpipe being too narrow for accelerated respira- tion." Bassett v. Collis is found in % Campbell, 623; the following are Lord EUenborough's remarks: " It has been held by very high authority, (Sir IN SEARCH OP A HORSE. 841 James Mansfield,) that roaring is not, necessarily, unsoundness ; and I entirely concur in that opinion. If the horse emits a loud noise, which is offensive to the ear, merely from a bad habit which he has con- tracted, or from any cause which does not interfere with his general health, or muscular powers, he is still to be considered a sound horse. On the other hand, if the roaring proceeds from any disease, or organic infirmity, which renders him incapable of performing the usual functions of a horse, then it does constitute unsoundness. The plaintiff has not done enough, in showing that this horse was a roarer: to prove a breach of the warranty, he must go on to show that the roaring was symptomatic of dis- ease." If it be true, as is commonly reported, that the celebrated Eclipse was a roarer, the complaint ought not to be viewed as necessarily amounting to unsound- ness, unless the proximate cause of it is proved to be organic disease. Temparart/ lameness would appear, upon every principle of common sense, to be unquestionable unsoundness ; and so, I apprehend, it may be con- sidered as now decided. Yet there are contradictory decisions upon this point; and as in both cases the 342 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 343 judgment of the court lays down a very important principle, applicable to all questions of soundness, I shall extract them fully. The first in date is to be found in 2 Espin. Rep. 673, Garment V. Barrs ; where it is held, "a war- ranty that a horse is sound, is not false because the horse labors under a temporary injury from an acci- dent at the time the defendant warranted the horse to be sound." The plaintiff observed that she went rather lame on one leg ; the defendant replied that it had been occasioned by her taking up a nail at the farrier's, and except as to that lameness, she was per- fectly sound. Chief Justice Eyre: "A horse laboring under a temporary injury or hurt, which is capable of being speedily cured, or removed, is not, for that, an unsound horse ; and where a warranty is made that such a horse is sound, it is made without any view to such an injury ; nor is a horse, so circumstanced, within the meaning of the warranty. To make the exception a qualification of the general warranty,* ♦ These words are correctly quoted, but not very intelligible, except by the context : it would perhaps be better expressed had it been said, " To bring the case within the general warranty, the injury," &c. the injury the horse had sustained, or the malady under which he labored, ought to be of a permanent nature, and not such as arose from a temporary injury or accident." The other case is that of Elton v. Brogden, 4 Campbell, 287, already mentioned. " A temporary lameness, rendering a horse less fit for present ser- vice, is a breach of a warranty for soundness." Lord Ellenborough : " I have always held, and I now hold, that a warranty of soundness is broken, if the animal, at the time of the sale, had any infirmity upon him which rendered him less fit for present ser- vice. It is not necessary that the disorder should be • permanent, or incurable ; while he has a cough, I say he is unsound, although that may either be tempo- rary, or may prove mortal. The horse in question having been lame at the time of sale, when he was warranted to be sound, his condition subsequently is no defence to the action." I cannot undertake to reconcile such high, and yet such contradictory authorities, but I think that Lord Ellenborough's is the sounder of the two. Coughy which is the usual indication of severe cold, b unsoundness of a less equivocal character. It will 344 THE ADVENTURES OP A GENTLEMAN have been noticed that Lord Ellenborough alludes to it in the case of Elton v. Brogden, just quoted. The following case, Liddard v. Kain, 9 Moore, 356, raised the question, and it may be observed in passing, that the doctrine of a continuing warranty, here estab- lished, is very important. " Where the seller informed the buyer that one of two horses he was about to sell him had a cold, but he agreed to deliver both at the end of a fortnight, sound, and free from blemish ; and at the expiration of the time, the horses were delivered, but the cough on the one still continued, and the other had a swollen leg, in consequence of a kick he had received in the stable ; and the seller brought an action to recover the price, and the jury found a verdict for the pur- chaser ; the court refused to grant a new trial, as the warranty did not apply to the time of sale only, but wag a continuing warranty to the end of the fort- night." On the question of a cough being unsoundness, Chief Justice Best held, though the cough might be a mere temporary unsoundness, yet it might eventu- ally produce a disease on the lungs. It should be noticed that Mr. Sergeant Wilde contended, in this IN SEARCH OF A HORSE. 345 case, that the warranty did not extend to the cough or cold, because it was an existing and manifest defect ; and that, if a warranty had been given against an apparent defect, it would have been void in law. This argument did not appear to have any weight with the court. The next case ingeniously contrives, though I believe without intending it, to rip open the princi- pie laid down by the same judge in Elton v. Brogden, for here permanency seems to be held essential to make a cough unsoundness ; the case is also important in establishing another maxim, that severe exercise of the horse by hunting, though tending to aggra- vate the disease, will not discharge the seller from his liability. It is held in Shilto V. Claridge, 2 Chitt. 425, that » a cough, unless proved to be of quite a temporary nature, is an unsoundness, and a verdict for the defendant v^as held ^rong, though the horse had the next day after the warranty been rode a hunt- • *» ing- y- . The horse had a cough when it was sold. " If it had," said Lord Ellenborough, "and the cough was of a permanent nature, I have always held that it 30 !■ 846 THE ADVENTURES OF A GENTLEMAN was a breach of the warranty, and such has, I believe, always been the understanding, both in the profession and among veterinary surgeons. On that understand- ing I have always acted, and think it quite clear." It was argued that two-thirds of the horses in Loxk- don had coughs ; still Lord Ellenborough said it was a breach of the warranty. It was further contended, that the plaintiff was told that the horse had been used only on the road, and had a cough, and that by hunting it he had aggravated the disease. Lord Ellenborough : " Knowledge makes no differ- ence. There was a case before Mr. Justice Lawrence, in which it was held ; and it was there said that the plaintiff might rely on the warranty only, and not choose to trust to his own knowledge." " There is no proof that he would have got well, if he had not been hunted." Splents are, as I have elsewhere observed, of very equivocal importance ; but I entertain no doubt what- ever, in my own mind, but that they amount to unsoundness, if they are, either from their location, or their size, likely to impede the action of the ten- dons. The only case that I can find upon the subject is the following : IN SEARCH OP A HORSE. 847 Margetson v. Wright, 8 Bingham, 454, where it is held, that as some splents cause lameness, while oth- ers do not, a splent is not one of those patent defects against which a warranty is inoperative ; and also that the defendant having warranted a horse sound at the time of the contract, and the horse having after- wards become lame from the effects of splent invisible when the defendant sold him, the defendant was liable on his warranty. The case had been before the court on a former occasion, {vide 7 Bingham, 603,) when it appeared that the defendant had warranted the horse to be sound, wind and limb, at the time of the bargain, and sold it for X90 ; it was a race-horse, which had broken down in training, and was affected with splent-circumstances which were disclosed to the plaintiff, and but for which the horse would have been worth £500. It was held that this warranty did not import that the horse was fit for the purposes of an ordinary horse. This case is doubly important, because it was also held, that defects apparent at the time of warranty are not included in it. Chief Justice Tindal : " Two subjects which might 348 THE ADVENTUEES OF A GENTLEMAN or might not have become a source of unsoundness — namely, crib-biting and a splent — were discovered by the parties at the time of the bargain, and after that discussion, the warranty in question was entered into. Now the older books lay it down, that defects appa- rent at the time of the bargain are not included in a warranty, however general, because they can form no subject of deceit or fraud ; and originally, the mode of proceeding on a breach of warranty was by an action of deceit, grounded on a supposed fraud. There can, however, be no deceit where a defect is so manifest that both parties discuss it at the time. A party, therefore, who should buy a horse, knowing it to be blind in both eyes, could not sue on a general war- ranty of soundness. In the present case, the splent was known to both parties, and the learned judge left it to the jury to say whether the horse was fit for ordinary purposes. His direction would have been less subject to misapprehension, if he had left them to consider whether the horse was, at the time of the bargain, sound wind and limb, save those manifest defects contemplated by the parties. It seems to us, therefore, that the jury may have been in some degree misled, and that the purposes of jus- IN SEARCH OF A HORSB. 349 tice will be better attained by sending the cause to a second inquiry." I have before adverted to this doctrine, that ap]pa- rent defects are not contemplated by a warranty of soundness; but if it is sound doctrine, it certainly is to be received with considerable qualification: namely, that the defect must be so unequivocal as to be visible to a common observer: except with this reserve, it is difficult to reconcile it with the case of Buchanan v, Parnshaw, 2 Term Reports, 745, where an action was held to be maintainable for breach of warranty, that a horse was twelve years old, when it had been represented to be only six. Now the age of a horse, if he exceeds eight, is a patent defect ; and consequently, upon the doctrine laid down in Margetson v. Wright, an action would not be maintainable upon such a representation. There is the case, however, before mentioned, of Budd V. Fairmaner, in 8 Bingham, 48, where the warranty being, "Received XIO, for a grey four- year old colt, warranted sound," it was held that the action did not lie," though the colt proved to -be only three. But to return from this digres- sion — 30* ill 350 THE ADVENTURES OF A GENTLEMAN IN SEARCH OP A HORSE. 361 A nerved horse is held to be unsound, in Best v. Osborne, Ryan and Moody, 290. It was proved that horses, previously lame, would, when nerved, frequently go free from lameness, and continue so for years ; and thkt horses, after the operation, had been employed for years as cavalry horses, in active service. Chief Justice Best told the jurjr, that it was diffi- cult to say that a horse, in which there was an or- ganic defect, could be considered sound ; that sound, meant perfect ; and a horse deprived of a useful nerve was imperfect, and had not that capacity of ser- vice which is stipulated for in a warranty. The plain- tiff obtained a verdict. It is due to Mr. Sewell to mention, that this ope- ration of nerving was invented by him, and great credit is due to him for the discovery : this very case proves the value of it, when it shows that a nerved horse is restored to such a use of his powers, as to render it even doubtful if he may not be warranted sound. I can find no case in the law books, upon the sub- ject of ophthalmia ; but in the case of Earl «. Patter- son, tried at Guildhall, before Chief Justice Tindal, in 1830, it appeared that the horse was subject to ophthalmia, and no doubt was expressed as to this amounting to unsoundness : the only question at issue being, whether the disease existed at the time of sale, or had been brought on by the mismanage- ment of the plaintiff's servant. The vice of crih-hiting was fully discussed in Broennenburg v. Haycock, Holt, N. P. C. 630. Mr. Justice Burroughs, before whom the cause was tried, said that he considered it a mixed case of law and fact. " It is," says his lordship, " a mere accident, arising from bad management in the training of the horse ; and it is no more connected with unsoundness than starting or shying." I can find no other authority upon the point; and . as I do not know what veterinary evidence was given on the trial, I cannot guess whether his lordship is wrong as a lawyer, or as a farrier. I have not a doubt in my own mind, that crib-biting constitutes unsound- ness, so long as the doctrine is held to be law, that in- dications of approaching disease fall under that term. A crib-biter will never retainhis condition; and a horse that will not retain his condition, is never fit for con- stant work. Veterinary surgeons are divided as to 352 THE ADVENTURES OP A GENTLEMAN the pathological cause of this falling off in condition, but all are agreed upon the fact ; and I think it not improbable, that the habit may affect the secretion of the glands from "which the saliva proceeds, and there- by impede digestion. The disease of glanders is so unequivocal that any authority is superfluous to prove that it amounts to unsoundness : I may however, mention that in the the case of Morton v. Beddington, tried at the Lent Assizes at Bedford, on the 12th of March, 1838, the breach of warranty was founded on this complaint : the case is more deserving of notice in reference to the direction of Mr. Baron Parke to the jury. It was proved that the defendant had said he would not warrant the horse, but if the plaintiff chose to have him at all risks he was welcome : while on the other hand, the plaintiff produced evidence that the defen- dant had represented the horse to be " all right, ex- cept B cold he had caught a day or two before." The judge left it to the jury to say "whether the de- fendant had warranted the horse, or whether he had simply represented that to the best of his judgment the animal was all right, but without warranting him as part of the contract." The jury found for the defendant. IN SEARCH OF A HORSE. 353 There is a very strong case upon the subject of hereditary disease, in 1 Ryan and Moody, 136 ; it is the case of Joliff v, Baudell. The following is a marginal note of it : — Certain sheep, apparently healthy and sound in every respect, were sold, warranted sound; two months afterwards, great part of them died. There was nothing to connect the disease of which they died with their previous condition, but it was, in the opinion of farmers and breeders, an hereditary dis- ease, called the goggles, and incapable of discovery, until its fatal appearance. It was held that this disease was an unsoundness existing at the time of the sale, the jury being of opinion, that " it existed in the constitution of the sheep at that time." The case of hereditary disease is at all times diffi- cult to prove, as it rarely happens that a purchaser can trace with accuracy the diseases of the breed, though he may be at no loss to prove the pedigree of his horse. Where, however, the proof of both is accessible, it seems clear that a constitutional taint is unsound- ness; though it may not show itself till the offspring arrive at a certain age. We know by daily expe- tl 854 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 355 rience, that what may be called, for lack of a better term, the moral qualities of a horse, are acquired by inheritance, such as spirit, activity, and docility. There appears to be no satisfactory reason why the same principle should not obtain as respects their physical vigor; especially, when we also find that good action and speed are almost always the gift of birth. I have alluded to the case of chest-founder, I find this mentioned in the case of Atterbury v. Fairmaner, 8 Moore, 32; and it appears, that in that case it was the only unsoundness upon which the plaintiff relied ; he obtained a verdict, and the defendant moved for a new trial, op the ground that there was no such disease. In support of this motion he produced an affidavit of. a veterinary surgeon, who was stated to be " most experienced," to prove that no such disease was known. I appre- hend, that the "experience" of this gentleman would have been doubted at the Veterinary Col- lege. The case however, deserves attention, because the defendant's complaint that he was taken by sur- prise, was answered by an intimation, that he might have acquired a knowledge of the unsoundness on which the purchaser relied, by applying to a judge at chambers. The case of Dickinson v, Follett, 1 Moody and Robinson, 199, tried at Exeter, is an important case upon a question of soundness of a rare occurrence. " Mere badness of shape, though rendering the horse incapable of work, is not unsoundness." This mar- ginal note, however, by no means gives a correct idea of the decision. It appears from the report that the horse's action was so defective, that in work he cut himself before, or interfered, as it is called. It was contended for the plaintiff, and in my opinion correctly, that this malformation constituted unsound- ness, although at the time of sale there might exist neither lameness nor wound. Mr. Justice Alderson, however, drew a distinction rather too fine for any body but a lawyer :— " The horse could not be con- sidered unsound in law, merely from badness of shape. As long as he was uninjured, he must be considered sound. When the injury is pro- duced by the badness of his action, that injury constitutes the unsoundness," and on this direc- tion the jury found for the defendant. This is, in other words, holding that the existence of a cause i I 856 THB ADVENTURES OF A GENTLEMAN of disease is not unsoundness, though the disease when produced hy that cause, is so. With due re- spect to the learned judge, I cannot feel the distinc- tion to he just. " In Bywater v, Richardson, 1 Adolphus and Ellis, 508, hereafter quoted, inflammation of the navicular joint is held to he unsoundness, and justly so. I have had one horse thus affected that has recovered, and heen free from lameness for nearly eight months ; hut I helieve that perfect recovery is rare. These are all the cases of unsoundness on which I can find that the courts have, directly or indirectly, given an opinion. But if I am right in my concep- tion of unsoundness, that all incapacitating injury or defect, having reference to the duties for which the horse is avowedly purchased, amount to unsoundness, I think that all the following cases come under that description : — Lameness, whether chronic or accidental. . Corns, whether recently extirpated or not. Affections of the lungs, whether asthmatic, inflam- matory, or otherwise ; and thick hreathing, if it pro- duces distress. Spavin, enlarged joints, and any malformation of IN SEARCH OP A HORSE. 357 the leg, or foot, not ohvious to a common oheerver, and impeding the action. Quittor, and any ulcer, fistula, or ahscess, wher- ever it may be seated. Glandular swellings, cough, and discharges from the mouth or nose. Sand-crack, or any defect in the hoof; and any tenderness or irritability of the back, quarters, or withers, making the saddle or harness painful. All diseases of the eyes, whether it produces blmd- ness or not; but if the disease has disappeared, leaving blindness as the result, sufficiently obvious to be visible to a common observer, I consider it to be a patent defect, not covered by a warranty of soundness. Lastly, I class 'with unsoundness, pertinacious refusal of the food, because it is certain evidence of the horse's being either constitutionally or locally diseased. Before I proceed to the subject of returning a horse to the seller, on the discovery of unsoundness, I must allude to a very important ca^e that has lately been decided, on the extent of a purchaser s right of trial. It is the case of Lord Camoys .. 81 1 I i j II 858 THE ADVENTURES OP A GENTLEMAN Scur. It has not yet found its way into the Law Reports, but a very accurate report of it is given in the Times, of the 3d June, 1840 ; and again, of the application for a new trial, in the same paper of the 9th June. The defendant had the horse on trial with a view to pfirchase him : being distrustful of his own powers, he put General Dyson's groom upon it, the groom being proved to be an experienced and good rider ; it was also proved that the animal was hot, and during the trial, she bolted and was killed : the plaintiff brought an action to recover her value, on the ground that she had been entrusted to the defendant only, and that he was not warranted in substituting a third party to make the trial. Mr. Justice Coleridge held that he was warranted, and this opinion was sustained on the application for a new trial: much, however, seemed to turn on the acknowledged skill of the groom to whom the de- fendant confided her ; and some little importance seemed to attach to the circumstance that the mare indicated a vicious and restive disposition. Brim- low V, Morrist, 1 Mod. Rep. was quoted in the argument. The question has been much mooted, whether a' IN SEARCH OP A HORSE. 359 horse can be returned upon a warranty of soundness, where he is discovered to be unsound, or whether the only remedy open "to the purchaser is to bring an action for the difference of value occasioned by the unsoundness: in other words, whether the breach of the warranty is an annihilation of the contract. This question appears to have been decided in the case of Gompertz v. Denton, 3 Tyrwhitt, 232 ; where it was held, that " a buyer of a horse on a warranty of soundness, can only recover for breach of it in an action for damages; and unless both parties agree to rescind, or unless in the original contract it was stipulated to be rescinded, if any breach of it took place, the buyer cannot sue the seller for money had and received, as for a failure of the original consideration." ^ The case of Street v. Blay, 2 Barnwell and Adol- phus, 456, was referred to by Lord Lyndhurst in the case last quoted, and it is a very important case, because the doctrine of return underwent full con- sideration. The plaintiff sold a horse to the defen- dant for £43, with a warranty of soundness ; the defendant sold it the same day to Bailey, for X45 ; Bailey sold it the next day to Osborne ; and Osborne I 360 THE ADVENTURES OF A GENTLEMAN I I sold it two or three days afterwards to the defen- dant for £S0, Osborne, Bailey, and the defendant, sold it without a warranty. After it had thus ror turned into the defendant's possession, he discovered that it was unsound at the time that he first pur- chased it from the plaintiff, and he offered to return it to him. The plaintiff refused to take it back, not- withstanding he had warranted it, and brought an action against the defendant to recover the price for which he had sold it to him. These were the facts of the case, and it was held that, " A person who has purchased a horse warranted sound, and then sold it again, and then re-purchased it, cannot, on discovering that the horse was un- sound when first sold, require the original vendor (to himself) to take it back again : nor can he, by reason of the unsoundness, resist an action by such vendor for the price ; but he may give the breach of war- ranty in evidence in reduction of damages, r ** Sembl© ; That th© purchaser of a specific chaJUel under WErranty, Laving once accepted it, can, in na instance, return the chattel, or resist an action for the price oil the ground of breach of warranty, unless in case of fraud, or express agreement, authorizing the return, or by consent of the vendor. IN SEARCH OP A HORSE. 361 " But where the contract is executory only, when the chattel is received, as where goods are ordered of a manufacturer, and he contracts to supply them of a certain quality, or fit for a certain purpose, the vendor may rescind the contract if the goods do not answer the warranty, provided he has not kept them longer than was necessary for the purpose of trial, or exercised the dominion of an owner over them, as by selling them.'* In delivering his judgment on this case, Lord Ten- terden adverted to the case of Curtis v. Hannay, 3 Esp. N. P. C. 83, where Lord Eldon is reported to have said, " that he took it to be clear law, that if a person purchased a horse which is warranted sound, and it afterwards turned out that the horse was un- sound at the time of the warranty, the buyer might, if he pleased, keep the horse, and bring an action on the warranty, in which he would have a right to re- cover the difference between the value of a sound horse, and one with such defects as existed at the time of the warranty ; or he might return the horse and bring an action, to recover the full money paid ; but in the latter case the seller had a right to expect that the horse should be returned in the same state 31* I 362 THE ADVENTURES OF A GENTLEMAN he was when sold, and not, by any means, dimi- nished in value;" and "that if it were in a worse state than it would have been, if returned immedi- ately after the discovery, the purchaser would have no defence to an action for the price of the article." "It is to be implied," Lord Tenterden remarks, " that he would have a defence in case it were re- turned in the same ^ate, and in a reasonable time after the discovery. This doctrine has been adopted in Mr. Starkie's excellent work on the Law of Evi- dence, part IV., p. 645 ; and it is there said, that a vendee may, in such a case, rescind the contract altogether, by returning the article, and refuse to pay the price, or recover it back if paid. It is, how- ever, extremely diflScult, indeed impossible to recon- cile this doctrine with those cases in which it has been held, that where the property in the specific chattel has passed to the vendee, and the price has been paid, he has no right upon the breach of the warranty to return the article, and revest the pro- perty in the vendor, and recover the price M money paid on a consideration which has failed ; but must sue upon the warranty, unless there has been a con- dition in the contract authorizing the return, or the / 1 IN BBARCH OF A HORSE. 363 vendor has received back the chattel, and has thereby consented to rescind the contract, or haa been guilty of a fraud, which destroys the contract altogether— See Weston v. Downes, 1 Doug. 23; T<)wer8 V. Barrett, 1 T. R. 133 ; Payne v. Whale, 7 East, 274 ; Power v. Wells, Douglas 24 n. ; and Emanuel v. Dane, 3 Camp. 299, where the same doctrine was applied to an exchange with the war- ranty, as to a sale, and the vendee held not to be entitled to sue in trover for the chattel, by way of barter for another received. If these cases are rightly decided, and we think they are, and they certainly have been always acted upon, it is clear that the purchaser cannot, by his own act alone, un- less in the excepted cases above mentioned, revest the property in the seller, and recover the price when paid, on the ground of the total failure of con- sideration : and it seems to follow, that he cannot, by the same means, protect himself from the pay-, ment of the price on the same ground. On tlie, other hand, the cases have established, that the breach of the warranty may be given in evidence in mitigation of damages, on the principle, as it should seem, of avoiding circuity of action— Cormack v. 364 THE ADVENTURES OP A GENTLEMAN I I I Gillis, cited 7^ East, 480, King v. Boston, 7 East, 481 n.|;*and there is no hardship in such a defence being allowed, as the plaintiff ought to be prepared to prove a compliance with his warranty, which is part of the consideration for the specific price agreed by the defendant to be paid. " It is to be observed, that although the vendee of a specific chattel, delivered with a warranty, may not have a right to return it, the same reason does not apply to cases of executory contracts, where an arti- cle, for instance, is ordered from a manufacturer who contracts that it shall be of a certain quality, or fit for a certain purpose, and the article sent as such is never completely accepted by the party ordering it. In this, and similar cases, the latter may return it as soon as he discovers the defect, provided he has done nothing more in the mean time, than was necessary to give it a fair trial— -Okel v. Smith, 1 Stark. N. P. C. 107: nor would the purchaser of a commodity to be afterwards delivered according to sample, be bound to receive the bulk which may not agree with it ; nor after having received what was tendered and delivered, as being in accordance with the sample, will he be precluded, by the simple receipt, from re- I IN SEARCH OF A HOM««. . ^^^ turning the article within a reasonable time for the purpose of examination and comparison. The obser- vations above stated, are intended to apply to the purchaser of a certain specific chattel, accepted and received by the vendee, and the property in which is completely and entirely vested in him. « But whatever may be the right of the purchaser to return such a warranted article in an ordinary case, there is no authority to show that he may re- turn it where the purchaser has done more than was consistent with the purpose of trial ; where he has exercised the dominion of an owner over it, by selling and parting with the property to another, and where he has derived a pecuniary benefit from it. These circumstances concur in the present case ; and even supposing it might have been competent for the defend- ant to have returned this horse after having accepted it, and taken it into his possession, if he had never parted with it to another, it appears to us that he cannot do so after a re-sale at a profit. « These are acts of ownership wholly inconsistent with the purpose of trial, and which are conclusive a^inst the defendant, that the particular chattel was bil own : and it may be added, that the parties can- not be placed in the same situation by the return of 866 i THE ADVENTURES OP A GENTLEMAN it, as if the contract had not been made, for the de- fendant has derived an intermediate benefit in conse- quence of the bargain, which he would still retain ; but he is entitled to reduce the damages, as he has a right of action against the plaintiff for the breach of warranty. The damages to be recovered in the pre- sent action have not been properly ascertained by the jury, and there must be a new trial, unless the parties can agree to reduce the sum for which the verdict is to be entered." I have quoted this case at great length, because, confirmed as it is by the opinion of Lord Lyndhurst, already quoted, it seems to establish the point be- yond dispute, that the purchaser of an unsound horse cannot return him, and treat the contract as void, unless a special condition has been inserted in the contract that he should be entitled to return it. I may quote, however, an additional authority, which bears upon the case, where such a stipulation has been made ; it is the case of Adam v. Richards, 2 H. B. 573, where it is held, that though on the sale of a horse, there is an express warranty by the seller, that the horse is sound, free from vice, &c., yet if it is ac- companied with an undertaking on the part of the seller to take the horse again, and pay back the pur- IN SEARCH OP A HORSE. 867 chase money, if, on trial, he shall be found to have any of the defects, mentioned in the warranty, the buyer must return the horse as soon as ever he discovers any of the defects, in order to maintain an action on the warranty, unless he has been induced to pro- long the trial by any subsequent misrepresentation of the seller ; in such case, the term " trial" means a reasonable trial. In this case, six months had elapsed, although vice had been speedily detected. The authority of Fielder V. Starkin, was fully recognized by the court. The case of Fielder v. Starkin, to which I have just referred, and to which Lord Tenterden alluded in the case of Street v. Blay, is to be found in H. Blackstone, 17 ; and as it is a leading case, and in- volves another question of an important practical character, whether it is necessary to give the seller notice of the unsoundness, I shall quote it at length. It was held that " where a horse had been sold, warranted sound, which it can be clearly proved was unsound at the time of sale, the seller is liable to an action on the warranty without either the horse being returned, or notice given of the unsoundness." The plaintiff had bought the mare in question of * S68 THE ADVENTURES OT A GENTLEMAN IN SEARCH OF A HORSE. 369 ii the defendant, at Winnel fair, in the month of March for thirty guineas ; and the defendant warranted her sound, and free from vice and blemish. Soon after sale, the plaintiff discovered that she was a roarer, had a thorough pin, and a swelled hock from kicking, but he kept her three months after this discovery, during which time he gave her physic, and used other means to cure her. At the end of three months he sold her; but she was soon returned to him as un- sound. After she was so returned, the plaintiff kept her till October, and then sent her back to the defen- dant as unsound, but he refused to receive her. On her way back to the plaintiff, she died, and on being opened, it was the opinion of the farriers, that she had been unsound for a full twelvemonth before her death. The plaintiff had never communicated her unsoundness to the defendant, although he had been in frequent intercourse with him. Lord Loughborough observed, " When there is an express warranty, the warrantor undertakes that it is true at the time of making It. If a horse ^Mdi ii warranted sound at the time of sale, be proved to have been at that time unsound, it is not necessary that he should be returned to the seller. No length of time elapsed after the sale, will alter the nature of a contract originally false. Neither is notice neces- sary to be given ; though the not giving notice will be a strong presumption against the buyer, that the horse, at the time of sale, had not the defect com- plained of, and will make the proof on his part much more difficult. The bargain is complete, and if it be fraudulent on the part of the seller, he will be liable to the buyer in damages, without either a return or notice,'* Mr. Justice Wilson, in delivering the same opinion referred to a case tried before Mr. Justice Buller, at Nisi Prius, where the defendant had sold the plaintiff a pair of coach horses, and warranted them to be six years old, while they were only four : and it was contended, that the plaintiff ought to have re- turned the horses, but held by Buller, that the ac- tion might be supported without a return. On turn- ing to this case, however, which is mentioned by Mr. Justice Buller himself, in Towers v. Barrett, 1 T. R. 136, the learned judge seems to have expressed him- self a little at variance with the doctrine that is founded by Mr. Justice Wilson upon this decision. He certainly ruled that no return was necessary, but he 32 370 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 371 also observed, that if the plaintiff would rescind the contract entirely, he must do it within a reasonable time ; and, that, as he had not rescinded the contract, he could only recover damages ; and then the question was, what was the difference of value between horses of four and five years old. The following case of Patteshall v. Tranter, 4 Neville and Manning, 649, is a very important case on the doctrine of reasonable time in a case of unsoundness. The cause was tried before Mr. Jus- tice Park, at Hereford, 1835, and it appeared that the defendant had sold the horse with a warranty of soundness, it being at the time unsound. Shortly after the sale, the plaintiff discovered that the horse was unsound, but without giving notice to the defend- ant, he kept it for nine months, during which he gave it physic, and used other means to cure it ; he had also cut its tail. He then offered to return the horse, but the defendant refused. It was contended that the plaintiff was entitled to recover the difference between the value and the price given. On these facts the plaintiff was non-suited ; and on moving for a new trial, the old case of Fielder v, Starkin having been quoted, and also Adamg v, Eichardg, (both of which have been already mentioned,) and the case of Street v. Blay, just referred to. Lord Denham observed emphatically that the case of Fielder v. Starkin was not overruled, but still the rule was made absolute. Hence it appears that even retaining an unsound horse for nine months, and treating him as his own property, does not exclude the purchaser from his right to recover on the warranty. The case of Campbell v. Fleming, which I have before quoted, does not seem by the report to have been alluded to in this argument. It has a bearing, however, though only collaterally, on the question in Patteshall v. Tranter, and will deserve attention if the same ques- tion should recur ; though, for the reasons already given, I am not disposed to place much reliance on the authority of Campbell v, Fleming. It may be expedient on any question of reasonable time to refer to the case of Chesterman v. Lamb, 4 Nevile and Manning, 195, hereafter quoted ; but the direct authority of that case only bears on the question of damages to be recovered in an action on the war- ranty. It will not fail to be noticed, that the case of Street V. Blay, goes farther than the cases last quoted, as 'I 372 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 373 against a purchaser : not merely relieving him from the necessity of a return, but actually depriving him of the supposed right to return. It seems, however, to result from the cases which I have quoted, that even where an express stipula- tion is made in the contract, that the purchaser should be at liberty to return the horse, the return must be made within a reasonable time. The case of Mesnard v. Aldridge, 3 Esp. 271, which was a case of sale by auction, goes farther than this, and holds a purchaser rigorously to the condition of a return within any stipulated time ; the time here stipulated was two days, but the horse was not returned till the third day, and Lord Kenyon held that this was insuffi- cient. The case, however, is quoted in the books, to establish another point : that purchasers are bound to take notice of conditions declared by an auc- tioneer to be the usual conditions, though he does not specify them, if they are posted up in a conspicu- ous place. The case of Cellis v. Mortimer, 1 New Reports, 257, also decides that where an express condition is made as to the time of return, it must be literally construed as regards the seller, as well as the buyer. I should have mentioned before the case of Hop- kins V. Appleby, 1 Starkie, 477, as a case in point, as to a reasonable time for return, where express stipulation is made. Lord EUenborough there ruled, that "where an objection is made to an article of sale, common justice and honesty require that it should be returned at the earliest period." But if a return cannot be insisted on, without express stipulation, as appears to be decided in Street ik Blay, this case is, comparatively, of little importance. I have referred to the case of Buchanan v. Parn- shaw, though upon a different point ; it was held in that case, that if a horse sold at a public auction be warranted sound, and six years old, and it be one of the conditions of sale, that he should be deemed sound, unless returned in two days, this condition applies only to the warranty of soundness. This is a liberal construction of the rule, that the time fixed for return must be rigorously adhered to ; though it must be observed, at the same time, that it was rather considered that the rule did not include the age, than, that if it had done so, it could be relaxed. This case of Buchanan v. Parnshaw, was distinguished from the case of a notice board fixed 32* 374 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 875 ft! up in the yard of a seller by commission in Best v, Osborne, 2 Carrington and Payne, 74; it was here held, that where such a notice is fixed up in a private yard, it was a question for the jury to consider whether the purchaser bought, subject to that notice. This last mentioned case of Best v. Osborne, where it first came before the court, in 1 Carrington and Payne, 632, deserves attention upon another point not connected with my present subject. The war- ranty had been fraudulently recovered back from the purchaser by Osborne's son, and the purchaser was precluded from giving evidence of its terms because he was unable to prove the son to have acted as his father's agent. A recent case is reported in 1 Adolphus and Ellis> 508, in which the obligation of the purchaser to take notice of the condition of return posted up in the place of sale is emphatically decided. It is the case of Bays water v, Richardson. The plaintiff bought a horse, warranted sound, by private contract at a repository. At the time of sale there was a board fixed to the wall of the repository having certain rules printed upon it : one of which was, that a war- ranty of soundness there given, should remain in force till twelve on the day after the sale, when the sale should become complete, and the seller's respon- sibility terminate, unless a notice and surgeon's certificate of unsoundness were given in the mean time. The rules were not particularly referred to at the time of this sale and warranty. The horse proved unsound, but no complaint was made till after twelve the following day. The unsoundness was of a nature likely not to be immediately discovered. Some evidence was given to show that the defendant knew of it, and the horse was shown at the sale under circumstances favorable for concealing it. After a verdict for the plaintiff, it was held that there was sufficient proof of the plaintiff's having had notice of the rules at the time of the sale, to render them binding on him ; also, that the rule in question was such as a seller might reasonably impose, and that the facts did not show such fraud or artifice in him as would render the condition inoperative. The unsoundness consisted of inflammation of the navicular joint, which of course would be less per- ceptible on the soft ground, on which it appeared that the horse was shown. While I am on the subject of auctions, I may I 376 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 377 allude to the importance of not being misled by any casual remarks of the auctioneer, or verbal assu- rances at variance with the printed conditions of sale. The case of Gunnis v. Erhart, 1 H. Bl. 289, is an authority on this point, though the property sold had no connection with horse-flesh — it was a copyhold estate. The principle upon which auctions must be con- ducted, has very little to do with the subject of horse warranties ; yet, as they constitute the principal market for horses, I shall refer to one or two cases upon the right of the seller to act as the puffer of goods. In Howard v. Castle, 6 T. R. 642, it was held, "that if the owner of goods or an estate put up to sale at an auction, employs puffers to bid for him without declaring it, it is a fraud on the real bidders, and the highest bidder cannot be compelled to complete the contract." This doctrine, however, is again questioned, in the case of Conolly v. Parsons, 3 Ves. 625, where a dis- tinction seems to be intended, that it is no fraud, unless there happens to be but one real bidder. Both these cases were quoted in that of Crowder V, Austin, 2 Carr. and P. 208. "The owner of a horse sold by auction, has no right under the usual condition of a sale, that the tighest bidder shall be the purchaser, to employ any person to bid for him for the purpose of enhancing the price: and if he do so, he cannot recover the purchase money from the buyer." Chief Justice Best expressed himself clearly of opinion, that the action could not be maintained ; he considered it a gross fraud, and nonsuited the plain- tiff. A rule nisi was afterwards obtained, to set aside the nonsuit ; when the case of Howard v. Cas- tle, 6 T. R. 642, was quoted, and also the opinions of Lord Rosslyn, in Conolly v. Parsons, 3 Ves., Jr. 625 ; and of Lord Alvanley, in Bramley v. Alt, con- sidering Howard v. Castle as only a decision, that where all the bidders, except the purchaser, are puff- ers, the sale shall be void. On moving for the rule nisi, three of the court expressed themselves unfa- vorable to it ; still it was granted, but afterwards it was discharged, Mr. Serjeant Wilde not supporting it. In the case of Malins v. Freeman, reported in the Times of the 17th April, 1839, the final result of which I have been unable to discover, the court of Common Picas granted a rule nisi for a new trial, at 878 THE ADVENTURES OF A GENTLEMAN the instance of Mr. Serjeant Wilde, on the question "whether it was legal for puffers to attend a sale, pro- vided the bidders have notice of the fact, being the position for which the learned Serjeant contended. It has also been held in Bexwell v, Christie, Cow. 395, that where an auctioneer had received direc- tions not to let a horse go under £15, and had sold it for less, on which an action was brought against him by the owner for the diflference, the auctioneer would not have been justified in arranging a bidding under X15, as it would have been a fraud on the sale; and consequently, he was not liable. The seller ought to have made it a condition that there should be no bidding under £15, I have already adverted to the general question of agency, but I have not alluded to a case of consider- able importance in horse-dealing transactions, where grooms and ostlers are frequently intrusted to sell ; it is in the case of Capel v, Thornton, 3 Carrington and Payne, 352 ; where it was held, that " an agent authorized to sell goods, has (in the absence of ad- vice to the contrary,) an implied authority to receive the proceeds of such sale." I may also advert with propriety at this place to IN SBAKCH OP A HORSE. 379 the case of Briggs v. Crick, 5 Esp. 99 ; where it was held, that " it is not necessary to release the former proprietor of a horse, who had sold him with a war- ranty of soundness, to qualify him to give evidence that such horse was sound at the time he sold him." This case, however, seems to be over-ruled by that of Biss V. Mountain, 1 Moody and Robinson, 302, where it was held that " the vendor of a horse war- ranted sound is not competent to prove soundness for his vendee in an action brought against the latter on a subsequent sale with warranty." Briggs v. Crick was quoted without effect, the Judge (Alderson) being of opinion that as the effect of the verdict for the defendant would be to relieve the witness from an action at the suit of the latter, he was incompe- tent. In a note in this case, other cases are quoted tending to support the authority of Briggs v. Crick ; and it is rightly observed, that to render the witness incompetent, it appears necessary to show not only that he is exposed to liability, but that there is rea- son to believe that his liability will certainly be en- forced. A merely speculative interest appears too remote to disqualify a witness ; but I recommend my readers who may chance to find the decision perso- i I 380 THE ADVENTURES OP A GENTLEMAN nally important to them, to refer to the cases of Baldwin v. Dixon, 1 Moody and Robinson, 59 ; Lar- balistier v* Clarke, 1 B. and Adol. 899 ; and Morish v. Foote, 8 Taunt. 455, quoted in the note on the report of Bliss v. Mountain. Since it has been established by the cases already quoted, that, in the absence of an express stipula- tion, a purchaser shall not be at liberty to return if unsound, but shall only be entitled to recover dama- ges in an action upon the warranty, it becomes of double importance to ascertain the extent of the damages which he may recover. In the case of Caswell v, Coare, 1 Taunton, 566, which is a leading case upon this subject, it was held, that " upon the breach of the warranty of a horse, if the horse is returned, the measure of damage is the price paid for him ; if the horse is not returned, the measure of damage is the diflference between his real value and the price given. If the horse is not tendered to the defendant, the plaintiff can recover no damages for the price of his keep." The warranty and unsoundness were proved ; but no tender had been made of returning the horse to the defendant. After the trial, the horse being still m ' n IN SEARCH OF A HORSE. 381 standing at livery, the plaintiff gave the defendant's attorney notice that he might go and take the horse, but made no offer to pay for its keep ; the liveryman refused to deliver it, till its keep was paid. Mans- field C. J.: "The contract being broken, the de- fendant must give back the money, and the plaintiff must return the horse ; but unless the plaintiff has tendered him, he cannot recover for the keep, be- cause it was not the defendant's fault that plaintiff kept him. When the warranty was broken, the plaintiff might instantly have sold the horse for what he could get, and might have recovered the residue of the price in damages." In Chesterman v. Lamb, 4 NevUe and Manning, 195, already mentioned, it was held that »* where a horse warranted sound, turns out to be unsound, and is, after notice to the seller, resold by the purchaser, the latter may recover not only the difference of price between the first and second sales, but also the keep of the horse for a reasonable time ; but the question whether the horse has been kept an unrea- sonable time before the re-sale, is a question for the jury; and if the seller rests his defence on the sound- ness of the horse, and does not request the judge to 83 V. 382 THE ADVENTURES OF A GENTLEMAN leave the question of time to the jury, the court will not, upon motion for a new trial, look into the evi- dence upon this point." In this case, the sale took place on the 26th of June. On the 9th of July the lameness was discovered; on the 25th of July the horse was sent to Osborne's for sale, and notice given to the defendant, with directions to remove it ; and on the 27th of July the action was commenced. On the 6th of September the defendant was informed that it was intended to sell the horse. It was sold on the 16th of September, and the keep of the horse amounted to £9. 16«., for which, and the difference in price and costs of sale, amounting altogether to £28. 10«., the action was brought. The case of M'Kenzie v, Hancock, hereafter quoted, is an important case to collate with Chester- man V. Lamb. « And in 2 Campbell, 82, the judge remarks, " I re- member when it was held, that an action could not be maintained upon the warranty without an offer to return the horse. That doctrine is now exploded, (Fielder v. Starkin, 1 H. B. 17 ; Curtis v. Hanney, 3 Espin. Cas. 82 ;) but still, unless the defendantre- fuses to take back the horse, the plaintiff cannot com- IN SEARCH OF A HORSE. 383 plain that the expense of the keep is necessarily thrown upon him." It will not fail to be noticed, that in this case, the doctrine that a purchaser cannot return the horse without express stipulation, as decided in the case of Street v, Blay, does not appear to have been considered. Another case upon the question of damages, is to be found in Ryan and Moody, 436. It is the case of M'Kenzie v. Hancock. " In as- sumpsit for the breach of warranty of soundness of a horse, the defendant having refused to take back the horse, the plaintiff is entitled to recover for the keep for such time onli/ as would be required to sell the horse to the best advantage." The time must be a reasonable time ; the judge (Littledale) alluded to the general prevalence of a contrary doctrine ; and as the defendant might thus have his horse driven to a compulsory sale, it is ques- tionable, whether it is not to the advantage of vendors, that the contrary doctrine should have been still al- lowed to prevail. An action for breach of warranty will lie, though the horse has never been returned or Bold. Vide Fielder v. Starkin, and Patteshall v. ii 884 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 385 Tranter, already quoted, and Poulton v, Lattimore, 9 B. and C. 264. I have already quoted the case of Lewis v. Peat, 2 Marsh. 431 ; where it was held, that the plaintiff could recover in damages, the costs of an action brought against himself upon the warranty of a horse for soundness; of which action he had given notice to the party, from whom he had himself purchased the same horse upon a similar warranty. I have thus concluded the doctrine of horse war- ranty ; and if my readers will bestow a tenth part of the trouble in perusing it, that I have in preparing it, the probability is, that they will be ten times better paid for their labor, than I shall be for mine ; but I have wished to make my book complete, as a book of reference upon the law of warranty so far as it relates to horses ; and I have, therefore, at the risk of being prolix, referred to every case that I can find upon the subject, with the exception of two or three, which merely relate to dry points of pleading, in actions of which horses are accidently the subject. The case of Miles v. Sheward, 8 East, 7, is one of these, but it is expedient to mention it, because, though it is only quoted as an authority on a point of pleading, it involves matter of popular interest. The warranty was, that the horse was worth X80, that it was sound, was a young horse, and had never been in harness. The plaintiff, however, limited his declaration to a breach of that part of the war- ranty which extended to his value and age. It was objected that he had not set out the whole warranty, but Lord EUenborough ruled that this was unneces- sary. Hence it follows that where the seller gives a warranty extending to several particulars, he is liable for a breach of any part of that warranty, although on other parts he may have fulfilled his en- gagement. If, for instance, he undertakes that the horse is sound and five years old, he is liable should the age be incorrect, although the horse may prove perfectly sound. The obligations contingent upon hiring horses, and the rights of innkeepers and liverymen, are so nearly allied to the subject of my work, that I shall very briefly notice one or two cases upon these topics. In Handford v. Palmer, 2 Brod. and Bing. 359, it is decided, that " a party who borrows a horse is bound to keep it, unless an agreement is made to the con- trary;" and it is to be observed, that the question 33* 886 THE ADVENTURES OP A GENTLEMAN in this case was not at whose expense the horse was to be fed, but whether he had been properly fed by the borrower, and returned, therefore, in as good a condition as he was when the loan was made. I need scarcely mention, that this was a case of hiring, and not of borrowing. But I shall hereafter quote one or two cases which will show that even a borrower must be equally care- ful of the animal lent to him. Indeed the principle of law is, that a borrower is answerable for neglect of much slighter degree than is requisite to fix a hirer, for as the lender derives no profit from the transac- tion, it is reasonable that extra care should be taken of his property. In Bray v. Mayne, Gow N. P. 1, it is decided by C. J. Dallas, " that after a hired horse is exhausted, and has refused its feed, the hirer is bound not to use it ; and if he afterwards pursue his journey with it, he is liable to the owner for its value." But the hirer is not only bound to refrain from using an exhausted horse, but to provide for him proper care and attendance if taken ill during the hiring; this maybe collected from the following case, though it turns not upon the question of neglect, IN SEARCH OF A HORSE. 387 but of judicious treatment. The decision is Lord Ellenborough's. «< If, upon a hired horse being taken ill, the hirer calls in a farrier, he is not answerable for any mis- takes which the latter may make in the treatment of the horse : but if instead of that, he prescribes for the horse himself, and from unskilfulness, gives him a medicine which causes his death, although acting bond fide, he is liable to the owner of the horse as for gross negligence." Dean v. Keate, 3 Camp. 4. But for an accident without proof of negligence, the hirer is not liable. In Cooper v. Barton, 3 Camp. 5 n., the horse fell and broke its knees. The owner proved that the horse had been frequently let out, and had not before fallen. "To maintain an action for negligence, however, against the hirer of a horse for an injury done to it whilst in his possession, the owner must give some positive evi- dence of such negligence." The action wa^ tried be- fore Mr. Justice Le Blanc. Where, however, "the horses are hired out to draw a private carriage, but are driven by the ser- vant of the person who lets them, he shall be liable for any injury done by them." Samuel v, Wright, 388 THE ADVENTURES OP A GENTLEMAN 6 Esp. 263 ; and the same doctrine is held in Smith V. Lawrence, 2 M. & R. 1. It is not within the scope of my work to enter upon the subject of post-horse duties, though the de- cisions on points connected with it, cannot but be in- teresting to a large class of my readers. The cases last quoted contain every other matter of interest likely to occur to the job-master or his customers. The right of inn-keepers is decided in Johnson v. Hill, 3 Starkie, 172, where it is held, that "an inn- keeper has a lien upon a horse left with him, for the keep, unless he knows that the horse has been ille- gally obtained." The exception in this case clearly means, that the inn-keeper, though he may assert a lien on the horse against the party who left him in his charge and against all other parties, if he has no notice of a bet- ter title to him, cannot detain him from a third party who has a better title, if he has received him into his stable with notice of that fact. But I infer, though doubtfully, that the inn-keeper, to deprive himself of his lien, must not only have such notice, but have done some act of a fraudulent character, accessory to the illegal taking of the horse; for otherwise, he IN SEARCH OF A HORSE. 889 might have maintained him bond fide, and as the horse might have died for want of food, if he had refused to receive him, it seems, on principles of common sense, that he is entitled to detain him for his keep. The case of livery-stable keepers stands on very different grounds. The inn-keeper is compellable by law to take in strangers and their cattle for rea- sonable compensation ; as, therefore, he has no option to refuse the accommodation, it is equitable that he should be entitled to indemnify himself; but this obligation does not attach to livery-stable keepers ; with them it is matter of choice whether they will receive a stranger's horse: it has, therefore, been held that a special contract is necessary, but, at the same time, where that special contract has been made, it is strictly enforced. The authority on this point, is the case of Wallace v. Woodgate, in 1 Car- rington and Payne, 575. "A stable keeper, by special agreement, may acquire a lien on horses for their keep ; and if the owner, to defeat such lien, gets them away by fraud, the stable keeper has a right to get possession of them, and for so doing, he will not be answerable in trover ; for the lien is not I I5 It 11 It 390 THE ADVENTURES OF A GENTLEMAN IN SEARCH OF A HORSE. 891 put an end to by the parting with the possession under such circumstances.*' In the case of Pennefather v. Locke, reported in the Times, of the 13th May, 1839, the defendant, who is a liveryman, endeavored to set up a lien with- out any special agreement, but the action being compromised before the jury delivered their verdict, there was no opinion given by the court, even at Nisi PriuB. The doctrine was very fully discussed in Jackson v. Cummings, argued in the Court of Exchequer, and of which at present I can find no other report than that which is given by the TimcB, of the 29th May, 1839. The question in this case was whether a lien existed for the agistment of milch cows. I will quote Baron Parke's observations at length. " I have no doubt in saying that the defendant has no claim on these cows for a lien in law ; it is clear that he falls within the principle of a livery-stable keeper, and as the cows must necessarily be delivered up to the owner, and perhaps removed by him for the purpose of being milked, the defendant has not that entire control over them which is necessary to establish a lien for their agistment. With respect to the case of the trainer, I confess that I should hesi- tate now, if I were called on to say that that is good law, for I do not think that he can have such a pos- session of the horses, unless under special contract with their owners, as would support the lien ; for these reasons I think that the rule ought to be dis- charged." The other judges concurred. I only mention the case of ToUitt v, Shenstone, argued before the Court of Exchequer on the 24th of May, 1839, to correct an error which I have found very prevalent among the trade, that in this case the defendant, who was a livery-stable keeper, established a right to a lien for the keep of the plaintiflf's horse. This was not the point in discussion ; the question was entirely one of pleading, not of lien. It is very important, however, to observe,- that there is also another essential difference between the cases of an inn-keeper, and a livery-stable keeper, which affects the safety of those who intrust their horses to their care. The horses in the stable of an inn-keeper, placed there for temporary accommodation by travellers, are not liable to be seized under a dis- tress for rent, but in the case of a livery-stable r 1= 892 THE ADVENTURES OF A GBNTLBMAN IN SEARCH OF A HORSE. 393 Mi II keeper, this liability attaches to them ; and hence it is most material for the owner to be assured of the solvency of the liveryman. Vide Francis v. Wyatt, 3 Burr. 1498, and Rol. Abr. 668 ; but vide also Cro- sier V. Tomkinson, 2 Ld. Ken. 439, for a distinction in the case of a stable, underlet by the tenant to an inn-keeper during races. Though my work is not intended for the exclusive edification of inn-keepers, I have found, since I published my first edition, that I have a debt of gratitude to discharge to many of them. I cannot acquit myself of it better than by adding one or two cases of great practical importance to them. The general responsibility of an inn-keeper is well understood. The authority for it is the case of Cross V. Andrews, Cro. Eliz. 622 ; but it is not as well known that " where one leaves a horse at an inn to stand there by agreement at livery, although neither himself nor his servants lodge there, he is reputed a guest for that purpose, and the inn-keeper hath a valu- able consideration ; and if that horse be stolen, he is chargeable with an action upon the custom of the realm." Jelly v. Clerk, Cro. Jac. 189. The same principle appUes of course to injury from carelessness or neglect, as well as to theft. A similar opinion is held, though not by all the court, in the case of York V. Grinstone, Salk. 388 ; and even where the owner is not a guest at the inn, but only sends his servant with the horse, the same rule holds good. Vide Beedle v. Morris, Cro. Jas. 224. On the other hand, I have already noticed the innkeeper's lien for the keep of the horse confided to his care ; but even this privilege is qualified — he cannot use the horse ; vide Jones V. Pearl, 1 Str. 656 ; and on the authority of the same case, it appears that he cannot sell it, though its keep may exceed its value. Such use, however, as is necessary or proper in the way of exercise, is permissible. Vide Jones on Carriers, p. 81. There is another important relation between the owner and keeper of a horse which deserves notice. Horses are usually turned out to graze after the hunting season is over. The grazier stands in a different situation from the' innkeeper and livery-man. If the animal is stolen or injured, he is not responsi- ble, unless by special agreement, except for the want of reasonable care. If his fences are good, and ordinary precautions are taken, he is discharged 34 394 THE ADVEN*rURES OP A GENTLEMAN IN SEARCH OF A HORSE. 395 If from liability. Vide Broadwater v. Blot, Holt. N. P. C. 547. There is a case quoted in the anonymous work to which I have frequently alluded, to which the read- er's attention should be called. It is the case of Coggs V. Bernard, Lord Rayra. 915. I have not the report by me, but I extract Chief Justice Holt's words from the Laws relating to Horses, p. 45. " If a man should lend another a horse to go westward, or for a month, if the bailee go northward or keep the horse above a month ; if any accident happen to the horse in the northern journey, or after the expi- ration of a month, the bailee will be chargeable: because he has made use of the horse contrary to the trust he was lent to him under; and it may be, if the horse had been used no otherwise than as he was lent, that accident would not have befallen him." Nothing is more common than to take these little liberties with a borrowed horse. I have known a horse borrowed from a farmer for a morning's ride, put at a fence, when he had probably never faced timber in his life, and sent home with both knees broken ! and great was the difficulty I had in adjust- ing the matter on reasonable terms between the indignant farmer and my hare-brained friend. This case may save some other scape-grace from a similar calamity. A case of importance to job-masters has lately been argued in the Court of Exchequer, but as judgment has not yet been given, I only refer to it as one which, under similar circumstances, must liereafter be considered as an authority. It is the case of Quar- man V. Barnett and another, and it was argued on the 18th Feb. 1840. The action was brought against two ladies to recover compensation for injury done to the plaintiff's gig by a collision with the carriage of the ladies. The carriage was served with horses by Mr. Mortlock, a job-master, and the horses were driven by a man named Kemp, to whom he paid weekly wages. Kemp always drove the ladies, by whom he was supplied with a livery coat and hat, and also paid two shillings for every drive. On his return home one day, after setting down the ladies, Kemp, who happened on that day not to be wearing the livery, but only the hat, quitted the horses for a few minutes to change the hat for the one which he usually wore. While he was thus engaged, the 41 896 THE ADVENTURES OP A GENTLEMAN IN SEARCH OF A HORSE. 397 i horses ran away and the collision occurred. The question was, whether, under these circumstances, the defendants not then having Kemp, or the horses, under their control, he was to be considered their servant or Mr. Mortlock's. The court took time to consider. I have omitted at the proper place to notice a very important precaution. In taking a warranty, strict attention should be paid to the meaning of any tech- nical expression that may be introduced ; as, for in- stance, a warranty that a horse is " a good hunter," would be only construed to mean, that he takes his leaps well. The warranty should be extended " to a good hunter, and fast," if speed is also required. This instance will suffice to illustrate my meaning. It is impossible to be too careful to use words of familiar purport, and yet specific and precise, in pre- paring any instrument to operate as an agreement ; but this is more especially the case in horse warran- ties, for I have found in talking over the matter with sporting friends, that even the most knowing ones are not agreed as to the exact meaning of the most com- mon phrases used in the field or on the turf. The New Sporting Magazine itself is not always a safe I authority ! At a late dinner party, of sporting men, I was challenged to make good this assertion. I se- lected three of the most ordinary terms in common use in the field; a "bullfinch," a "rasper," and a " yawner :" and though there was not one of the party, except myself, that does not hunt regularly, there were scarcely two who agreed in the same ex- planation of these words ; or even on their applica- bility, excepting the last, to jumps with which we were all locally familiar! So much for sporting authorities ! 84* ,f * . 1 CHAPTER XVII. It may be doubted whether the difficulty of buying or selling a horse is greater ; but there is this essen- tial diiFerence, that in the latter case, the difficulty is of a man's own creation. If he informs himself fair- ly of its value, and asks a trifle less, there are few of the large commission stables, at which, if the propri- etor of them is a respectable man, he will not find a speedy market ; if he insist on selling without a loss, the expense of the keep will more than balance the chance of meeting with a liberal purchaser. The ethics of horse-dealing are very peculiar; there is only one other case in which gentlemen ap- pear, by a sort of conventional understanding, to be excused for leaving their honesty behind them. I have found to my cost, that no man thinks the worse of a friend, for stealing an umbrella on a rainy day, or palming off an unsound horse upon a neighbor. r? > MM> THE ADVBNTURES OF A GENTLEMAN, ETC. 399 This is now so perfectly understood, that I must as- aume that my reader, whatever may be his class, will cheat if he can ; but it is my duty to inform him that ' he cannot go very far with impunity, and if he ac- cepts the definition that I have given of unsoundness, namely, any infirmity or defect that incapacitates a horse for fair and reasonable exertion in the labour for which he is avowedly purchased, he will readily perceive that his power of cheating is circumscribed by very narrow limits. In fact the gentleman-dealer is in a far worse situation to practise successful fraud, than the professed chanter. Men who can afford to keep horses for their pleasure, can also afford to pay costs 1 they are therefore worth the trouble of suing. Moreover, I must do my " order" (as Lord Grey has it) the justice to say, that though little averse to the amusement of jockeying a friend, when they can couple profit with a laugh at his expense, there are but few among them, so far gone as to brave the opinion of the public, even in a horse-cause ; or to attempt to carry the day by suborning a legion of perjured ostlers and stableboys. « How then am I to sell my horse ?" Very para- doxical it may be ; but I reply, " by simply telling 400 THE ADVENT ORBS OF A GENTLEMAN the truth 1" I have sold my horses with more facility and to more advantage hy following this principle than hy the most plausible encomium on their merits ; and what is of yet greater importance, I have never, in any instance, experienced the annoyance of de- fending an action on the warranty. Let the fault of a horse be what it may, he will suit some kind of work, and will therefore find a purchaser at his fair value. A frank acknowledgment of faults, too, will obtain credit for a counter statement of good quali- ties. If the seller is very impatient, the purchaser must be looked for among the dealers ; and in this case it will not reduce the price to any extent worth mentioning, if the seller refuses to warrant. A deal- er always asks a warranty, because he can resell the horse with more security ; but it influences him very little in fixing his price. He knows that the horse would not be sold except for some fault, real or sus- pected, and he usually takes his chance of the fault, and places as little faith in the seller's warranty as he is conscious that his own deserves. Cases too have been known where a dealer, finding his purchase not suited to the taste of an expected customer, has purposely physicked the horse, that he might return him as unsound, on the warranty. IN SEARCH OP A HORSE. 401 If strict veracity is always politic, there are some cases in which it is indispensMe, I am of opinion that a man cannot sell a horse that he knows to be vicious, especially vicious in the stable, without incur- ring a personal responsibility for all consequences. If such a horse should occasion the loss of life, the vendor who concealed the vice would be morally, and perhaps legally guilty of manslaughter; if he should only endanger a limb, or otherwise injure a person, or even a carriage, a seller with a warranty, who suppressed the animals tricks, would be responsible in damages to the injured party. It is worth a gentle- man's while to take these points into consideration, especially when selling a horse for a lady or a child to ride. While correcting the sheets of my second edition, an accident occurred to me with a pony which I bought at Osborne's: I bought him for harness ; the name of his late owner is Goddard. I drove him three or four times, and had no fault to find with him, except that his mouth was as hard as a board ; but after a few days the vicious brute took it into his head without any cause of alarm, to bolt, while I was driving a lady and child in my phaeton. I had but I- i 402 THE ADVENTURES OF A GENTLEMAN one alternative to save our lives, and desperate as it appears to be, I recommend it to others similarly circumstanced. Though I could not stop him, I was able to guide him, and I directed his course directly on the iron railings of Cavendish Squ&re. He fractured his head, and I escaped without serious injury. My fair companion was less fortunate, having been thrown on the dashing iron ; she was not materially hurt, as she must have been but for her presence of mind in retaining her seat. I mention this as a caution to other females, for nine out of ten in similar cases spring out of the carriage. If the lady who sold this horse to me was aware of this vice, it was unpardon- able to conceal it ; had fatal consequences followed to my friend, Mrs. Goddard's feelings would, if possi- ble, have been yet more painful than my own. Mr. Osborne was wholly free from blame, for he honestly told me that he knew nothing of the horse, and be- fore I bought him, he drove him in my company, when he went very quietly. It is customary to feed a horse for sale ; this is of itself a species of fraud, and one scarcely worth the trouble and expense it involves. A horse is rarely brought into good condition in less than three weeks, IN SEARCH OF A HORSE. 403 during which he must enjoy absolute, and therefore unprofitable rest. That sleek and fat condition which recommends a horse to an inexperienced buy- er, does not qualify the animal for work, and is at once detected by a dealer. It may obtain a guinea or two more, because the dealer finds the horse more marketable, but it will scarcely obtain such an addi- tion to the price as will countervail the previous ex- pense: a knowing hand prefers buying a horse in his rough state, or in daily work. If the seller sends his horse to Tattersall's, it ia desirable to bespeak a separate box for him (assum- ing him to be of value,) or to send him so early as to insure his being placed in the eight-stall stable. The sale begins at twelve, and the earlier horses in the catalogue are of coarse sold first ; but the yard is not filled, at least not with fashionable customers, till a much later hour, and of course it is an object 80 to place him in the list as to insure his being brought out at the most favorable period. This pre- caution is scarcely necessary at any other place of public sale. I have found by experience, since my first edition was published, that some ingenuity is requisite to get a horse received at all by Messrs. I i 404 THE ADVENTURES OF A GENTLEMAIJ Tattersall. I have sent horses there four times in a season, but I have been unable to obtain a stall for them under a fortnight's notice. This argues much for their celebrity, but very little for convenient ac- commodation. Mr. Tattersairs days of sale are Mondays, and in the height of the season, sales are occasionally held on Thursdays also; at Morris's, now Allen's, Wednesday. It will be convenient to my readers to subjoin the conditions of sale adopted at these and other similar establishments. They will be found in the Appendix. The seller, however, will bear in mind that, whatever may be the practice of the place, a purchaser (unless at auction) will not be bound by these special conditions, unless they are introduced, or specially referred to in the warranty, or note of sale ; but see the case of Bywater v. Rich- ardson, 1 Adolphus and Ellis, 508, already quoted. If his receipt merely contains the words, "war- ranted sound," the purchaser is entitled at any time to proceed on the warranty, for disease or incapaci- tating defects existing at the time of sale. A seller, therefore, who wishes to avail himself of the protec- tion thus afforded, must be careful to add to hig receipt the words, " to be returned, if unsound, with- IN SEARCH OP A HORSE. 405 in six days, according to the custom of the bazaar," or other words of similar import. I have but one more hint to give to a gentleman sending his horses to commission stables for sale by private contract. He is always, of course, asked what price he expects, and as soon as he has named it, he receives the same answer. " How much do you set upon him, Sir ?" "Fifty guineas." " Then you won't get it." If you have not informed yourself correctly of his value, the chances are two to one that you do not get it. Many of these men, perhaps the majority of them, are dealers behind the curtain. I have de- tected one or two in selling my horse for thirty guineas for me, and selling it again next day for fifty for themselves. Probably the agent knows of a customer whom the horse will suit, and who will give a liberal price for him : that his employer may not have the benefit of such a customer, he will take good care never to show the horse, till he has tired the owner into selling him on lower terms. He then buys him a bargain, and privately sells him to the customer at a cent, per cent, profit. This is called 85 » . 406 THE ADVENTURES OF A GENTLEMAN "planting" the horse. All this is illegal; for the agent is trustee for the seller, and a trustee cannot purchase the property entrusted to his care. But it is impossible to guard oneself eflfectually against the fraud, except by booking the animal at a price which you know approaches within five or ten pounds of his real worth. If he remains unsold for a week, remove him elsewhere. In the spring or summer, a week is ample time to find a customer, if a fancy price is not demanded; and you may safely infer from longer delay, either that the agent wishes to tire you into selling at his price, and has, perhaps, stigmatized the horse, to keep off other customers, or else that his customers are not sufficiently numerous to make a market. It is useless expense to send a vicious horse, or one decidedly unsound, to any place for private sale: the dealers have the run of all the commission stables, and know the character of every horse that stands there ; if his owner is not " one of the trade," his sins will be published at Charing Cross within a week. A horse of this description will only find a sale at the hammer ; and even there he is sure to produce more than he is worth. I never sold but one unsound horse at commission sta- I IN SEARCH OF A HORSE. 407 bles, and I only got 'rid of him by following the course that I have suggested— honestly mentioning his fault. A gentleman bought him " for the novel- ty of the thing ;" it seemed so strange to tell the truth in horse-dealing ! I was happy to hear, two months afterwards, that he continued well pleased with his bargain.* Gentle reader, I have finished my task, or rather, my amusement : if my information proves as useful to you, as it has been to myself, you will rea4 my little book a second time, and grudge neither the time nor the price. I have had above a hundred horses in my stables during the last two-and-twenty I * While engaged ia correcting this sheet, my publishers re- ceived the following note, in reference to the case of Patteshall v. Tranter, quoted at page 327. It is too late to refer to it at the proper place, I therefore introduce it here, with many thanks to my anonymous critic. « 'Patteshall v. Tranter.' This cause was tried, a second time, at the spring assize, 1837, at Hertford, before Lord Denman and a special jury. The plaintiff lost it, failing to prove the warranty of the horse, and not on any of the points on which Mr. Justice Park directed the nonsuit on the former trial. N. B. The first trial took place in the spring of 1834, instead of 1835, as men- tioned in ' Caveat Emptor.' " 408 THE ADVENTURES OF A GENTLEMAN, ETC. years, and have not averaged a loss of three pounds on each ! It is not less instructive to add, that from a horse's fault, I have never broken a limb, or strained a muscle; yet my saddle has been more familiar to me than my sofa. I heartily wish you th same good fortune, and with the wish I take my leave. APPENDIX. The following are the conditions of sale at Messrs. Tattersall's and other repositories. [I had to apologize to those gentlemen in my first edition, for erroneously spelling their name throughout the work : the error was not discovered till the sheets were worked ofif.— This explanation has become in- cidentally of some importance ; for one of your critics, proverbially a good-natured race, has quoted the error, but not the explanation ; and quoted it as conclusive evidence of my ignorance of horse-flesh and all matters relating thereto ! The fact is simply, that I employed another hand to copy my manu- script for the press, and entrusted him with the correction of it. I did not discover the mistake till the sheets were worked off, and the type broken up ; I had then no alternative, but to correct it in the Appendix. The error, such as it is, was not found in the concluding sheets.] 35* 410 APPENDIX. APPENDIX. 411 4 I These conditions apply to sales by private con- tract as well as by auction. 1. The highest bidder to be the buyer ; and if any dispute arise between any two or more bidders, the lot so disputed shall be immediately put up again and re-sold. 2. No person to advance less than five shillings ; above five pounds, five shillings, and so on in proportion. 3. The purchasers to give in their names and places of abode (if required) and to pay down five shillings in the pound (if re- quired) as earnest, and in part of payment ; in default of which, the lot so purchased may be immediately put up again and re- sold, if the auctioneer shall think fit. 4. The lots to be taken away within one day after the sale is ended, at the buyer's expense, and the remainder of the purchase- money to be absolutely paid before the delivery of the lot. 6. Upon failure of complying with the above conditions, the money deposited in part of payment shall be forfeited to the owner of the lot, he paying thereout all just expenses, and the lot shall be re -sold by public or private sale, and the deficiency (if any) attending such re-sale, shall be immediately made good by the defaulter at this sale. 6. If any person shall purchase a lot, and not pay for it within the time limited by the 4th condition, nothing contained in the 5th condition shall prevent the auctioneer, or owner of the lot, from compelling the purchaser to pay for it, if the auctioneer or seller shall so think fit. *l. The vendor shall be entitled to receive the purchase-money of each lot not warranted sound, on the third day from the sale day ; and all horses sold as sound on Monday, will be paid for on Friday ; and all horses sold as sound on Thursday, will bfj paid for on Tuesday, provided the auctioneer shall then have received the purchase-money, or delivered the lot out of his custody, but not before. 8. The purchaser of any lot warranted sound, who shall con- iseive the same unsound, shall return the same, on or before the evening of the second day from the sale, otherwise the same shall be deemed sound, and the purchaser shall be obliged to keep the lot with all faults " • 9. The King's tax shall be paid by the seller, and not by the purchaser. 10. All horses, carriages, &c., brought to this repository for sale, and sold by pri^aie contract, either by Messrs. Tattersall, the owner, or any one acting as agent for the owner of such horses, carriages, &c., shall pay the usual commission ; and no person shall have a right to take away his horses, carnages, &c., until the commission, keep, and other expenses are paid, whether the same have been sold by public auction, or private contract, or are not sold. 11. All horses, carriages, Ac, advertised by Messrs. Tatter- ball (though not upon the premises at the time of sale, either by private contract or public auction) shall pay the usual commis- sion. Lastly. The conditions of sale are :— If sold by public auction, two shillings in the pound. If by private contract, one shilling in the pound ; and If not sold, five ahUlinffs for putting up. The days for payment are, for unwarranted horses, Wednes- days ; for warranted horses, Fridays, only, between the hours of 10 and 4 o'clock. N. B. No money paid without a written order. Regulations at Mr. Osborne's stables, in King's Eoad, Gray's Inn.* • I hare recently been informed by Mr. Bankes, now a partner with MeMr.. Osborne and Son. that for a considerable time past they have declined war- ranting any horses sent to them for wile, but that they have not fonnd the system at all prejudicial to their trade. 412 APPENDIX. 1. All horses that are sold and warranted, must, if proved other- wise, be returned within pix days from the time of sale. ^ 2. The owners of horses sold may receive the money on the seventh day from the time of sale. 3. All horses must be paid for before they are delivered, and * for those which are not sold, the expenses must be paid before taken away. I take this opportunity of observing that Mr. Osborne of the King's Road, is not the defendant in the cause of Best v, Osborne quoted in the pre- vious pages, lam anxious to explain this, because I should be very sorry to impute to him the conduct attributed to the son of the defendant in that cause. Both the Osbornes, father and son, have always acted in an honorable way in all transactions in which I have been personally engaged with them, and I believe them to be as respectable and plain- dealing men as any in the trade; though I must add, that if they possessed a little more scientific knowledge they would listen with more attention to the objections of their customers. It is a fault, however, on the right side, as respects such of their customers as are sellers ; and for my own part, I sell there more frequently than I buy. They are very liberal in the trial of their horses, an important point with all buyers, and not less so with all honest sellers. APPENDIX. 413 Conditions attending the sales of Mr. Dixon of Barbican, by auction or private contract. The sales are on Friday. 1. The highest bidder to be the buyer; if any dispute arises, the lot to be put up again and re-sold. 2 To advance five shillings at each bidding above five pounds , ten shillings above ten pounds ; and so on in proportion. . 3 All horses, sold either by public auction or private contract, rcarranted in any respect, and not answering «^f ^^^f/^^^' '^ ^ returned by six o'clock the next evening, or in default thereof, the purchaser will be obliged to keep them with all faults. 4 Horses sent in for sale warranted, must be entered as such, to prevent disputes; and each lot sold without warranty, to be taken with all faults. . , ... 5 Each lot intended for sale will be entered in tbo books, w.th the'proprietor's name, residence, and price, on '"e'r recepUon^ The seller to pay two shillings and sixpence for each lot puttmg „p, if not sold ; and for selling by pnblic auction, five per cent commission, with a duty of twelve-pence in ^he ponnd , and f^ sellinK by private sale, one shilling in the pound, .f the lot .s sold either by the auctioneer or proprietor, provided the customer .. found on the premises. 6 The purchaser is immediately to give in his name and resi- dence with a deposit of five shillings in the pound on the amount of his'purchase; and to pay theVemainder of the purchase-money before the lot or lots shall be delivered. , No money will be paid to the proprietor, unless the lots are cleared by the purchaser •. and the auctioneer will not be answer- able for any deficiency that may arise by the re-sale of uncleared property. As to property sold, either by auction or private contract. 8. On all property remaining uncleared until the ensuing sale 414 APPENDIX. APPENDIX. 415 day, the deposit shall be forfeited, and such property shall be im- mediately liable to be re-sold by public or private sale ; and all deficiencies and expenses occasioned by such defaults, and attend- ing such re-sales, must be made good by the defaulters. The owners of property sold may receive their respective balances, by calling, or sending proper orders in writing, on the following Monday, from ten until four o'clock. Conditions of sale at Mr. Robinson's in Little Britain. The sale day is Thursday. 1. The highest bidder to be the buyer, and if any dispute arise between two or more bidders, the same shall be put up again and re-sold. 2. No person to advance less than five shillings above five pounds, ten shillings and sixpence above ten pounds, and so on in proportion. 3. The purchasers to give in their names and places of abode, and pay down five shillings in the pound as earnest, and in part of payment ; upon failure of which the lot may be put up again, and re-sold. 4. The lots, if moveable, to be taken away on the day of sale at the buyer's expense, and the remainder of the purchase-money absolutely paid on or before delivery. 6. Houses, buildings, land, leases, or fixtures, to be paid for within seven days. 6. Upon failure of complying with the above, the money de- posited in part of payment shall be forfeited ; the property may be re-sold by public or private sale ; and the deficiency (if any) on such re-sale, together with all expenses attending the same, shall be made good by the defaulter. 1. If any person purchase a lot, and not pay for it agreeably to the fourth and fifth conditions, nothing contained in the sixth shall prevent the auctioneer, or owner of the property, from com- pelling him to do so. 8 No horse, or other property, sold warranted in any respect, will be taken back, if not answering the warranty, unless returned before six o'clock in the evening of the second day from the day of sale ; if houses, buildings, land, leases, or fixtures, seven days ; as at the expiration of that time the auctioneer is bound to pay over the proceeds to the original owner ; and all horses or other property, sold without warranty, must be kept with all faults. 9 The auctioneer will not be answerable for any deficiency that may from any cause arise on uncleared property, unless he receives it of the defaulter. 10 The owner shall be entitled to receive the purchase-money on the third day from the sale, provided the auctioneer shall have received the same, or delivered the property out of his custody ; and provided also, that such property has not been returned to him under the eighth condition. 11. The auction duty and all other expenses to be paid by the seller /• Lastly, all horses, carriages, 4c., brought to this repository for sale, and sold either by Mr. Robinson or the owner of the property, shall pay the usual commission; and no person shall take away his horses, carriages, ftc, until the keep, commission, and other expenses are paid, whether sold by public auction, or private con- tract, or not sold. Conditions of sale, public or private, at Allen's, (late Morris's,) Repository, in St. Martin's Lane. The sale day is Wednesday. 1 The highest bidder to be the buyer, and if any ^'^^^ "^ between two or more bidders, before the lot is returned .nU, th. .table, the lot so disputed shall be put up again and re-sold. 2 No person to advance less than five shillings above five pounds, ten shillings above ten pounds, and so on in P'oport'"". 3 tie purchasers to give in their names and places of abode, I 416 APPENDIX. to pay down five shillings in the pound as earnest and in parj; of payment ; upon failure of which the lot so purchased may be im- mediately put up again and re-sold, if the auctioneer chooses. 4. The lots to be taken away within one day after the sale, at the buyer's expense, and the remainder of the purchase-money to be paid before the lot is delivered. 5. Upon failure of complying with the above, the money de- posited in part of payment shall be forfeited to the owner of the lot, he paying thereout all just expenses; the lot shall be re-sold by public or private sale, and the deficiency (if any) attending such re-sale, must be made good by the first purchaser. 6. If any person shall purchase a lot, and not pay for it within the time limited in the fourth condition, nothing contained in the fifth shall prevent the auctioneer or owner of the lot from com- pelling the purchaser to pay for it, if the auctioneer or seller should choose. 7. The vendor shall be entitled to receive the money for lots on the third day from the sale, provided the auctioneer shall have received the purchase-money, or delivered the lot out of his custody. 8. The purchaser of any lot, warranted in any respect, who shall conceive the same not to answer the warranty, shall return it on or before five o'clock in the evening of the second day from the sale, otherwise the purchaser shall be obliged to keep it with all faults. 9. The King's tax to be paid by the seller. Lastly, all horses, carriages, &c., brought to this repository for sale, and sold either by Mr. Allen or the owner of the lot, shall pay the usual commission ; and no person shall take his horses, carriages, Ac, until the keep, commission, and other expenses are paid, whether sold by public auction, or private contract, or are not sold* APPENDIX. 417 There is only one* other horse repository in the metropolis, Mr. Alexander's, of Chiswell Street. I have applied to him for his conditions of sale, to publish in this Appendix, hut I have not been able to obtain them. I believe them to be very similar to those which I have given. • While ibis edition was passing throngh the press, I first heard of Mr. Dyer's commission stables In Worship Steeet. I am not acquainted with Mr. Dyer bnt Mr. East, who I believe superintends hi. business, has been known to me for many years, and U a very respectable man. 36 II INDEX. 419 INDEX. In the following Index, all the subjecU more particularly connected with the law of horse-dealing, are arranged under the head of war- ranty, though not properly falling under that term. Thus course has been taken to render the reference more convenient to professional men. Advertisements, their character, 29, 45, 1G2, 232. Action, see Horse's Paces. Age of Horses, 143, 183, 312, 349. Agent, see Warranty. Anderson, Mr., 52. Auctions, their character, 230, see also Warranty. Auctioneers, see Warranty. Bars, explained, 81. Blemish, not unsoundness, 59, 108. Blindness, 139. Bog-spavin, 122. Bone-spavin, 120. Broken-knees, 108, 216. Capped-hock, 124. Cataract, 139. Chest-founder, 115, 340, 354. Chill, 207. Cleanliness, its importance in stables, 188. Cleeve's, Mr., treadmill for cutting chaflF, 202. Clipping, 196. Cobs, their description, 12, 65. Coffin-bone, 85. Cold, 146. Coleman, Professor, 86. Conditions of sale, notice of to purchaser, 375; see Warranty. Contract, see Warranty. ^orns, 90, 356. Coronary ring and ligament, explained, 80. Coronet, explained, 80. Cough, 115,343. Coughing a Horse, its object, 116. Cow-hocked, or cat-hocked, explained, 70. Crib-biting, 152, 309, 351; its effects, ib. Crust, 81. Curb, 123. Cutting or interfering, 102. Damages, 380, see Warranty. . Dealers, their tricks, 37, 76, 180. Delivery, sec Warranty. Disease, hereditary, 353. Distress, treatment in cases of, 209. Dixon's Repositorj-, see Appendix. Dragging the ground, explained, 69. Dropping, explained, 72, 99. Dye, Mr., 51. Earnest, payment of, see Warranty. Elmore, Mr., 51. Eye, its construction, 130; difference from the human eye, 131, 135 ; examination of the sight, 138. I 420 INDEX. Evidence of a former eeUer, with warranty, admissible, sed quare, 319. Farcy, 146. Farriers, horse-dealing with, 44. Feeding a horse for sale, 25. Feet, their form, Ac, 79; malformation, mode of judging of, 87; stopping, 199. Fetlock joint, 93. Fever, 213. Field, Mr., 177 ; see introductory chapter. Founder, 86. Fraud, see Warranty. Frog, 81. Gentlemen dealers, 25, 33, 36, 46, 384. Glanders, 145 ; in the human subject, 147. Oogglei, 353. Grease, 124. Grogginess explained, 71. Hackney, the fair price, 22 ; vide introductory chapter. Hammer and click, cause of the defect, 69. Hand-rubbing, 192. Haw, its construction, 136. Heels, 82. Hereditary disease, 353. Hoof, its form, &c., 80 ; colour important, 92 ; temperature, 106. Horse. apparent strength and size important, 63. paces, mode of judging, 67. action described, 67. height, mode of judging, 72. courage, a useful quality, 73. form of, important, 120, 165. INDEX. "^21 Horse, continued, for draught, 155. treatment of, 182 ; at sea, 192 ; after travelling, 194. dressing, 190. clothing, 195. leg-bandaging, 197. clipping, 195. exercise, 197. diet, 200 ; of sick horses, 209. * vicious, the management of, 223 ; and seq., also 388. Horseman's Manual, vide note, 330. Hunters, their fitness for the road, 14, 66. Inflammation, 89, 324 ; indicated by the eye, 140 ; symptoms, 209 ; treatment, 212, 213, 214. Inn-keepers, 391 ; see Warranty. Kenrick, Mr., 52. , Knee-joint, observations to be made before purchasmg, 108 & seq. Lameness, 111; slight lameness, 127; after shoeing, 215; tempo- rary, 337 ; unsoundness, 337. Lawrence, Mr. John, his definition of soundness, 329. Livery stable-keepers, 389 ; see Warranty. Local injury, treatment of, 214. Mares, not safe for harness, 160. Masters, see Warranty. Mavor, Mr., his definition of soundness, 330; vide note. Morris's (now Allen's) sale yard, 231 ; see Appendix. Navicular bone, 83. Nerving, 350. Ophthalmia, 350. Osborn, Mr., 103, 401 ; see also Appendix and introductory chapter. 36* 422 INDEX. I II Park-horses, 15. Pastern, 74. Patent defects not covered by warranty, 307, 347, 348. Pulsation, 209. PURCHASEB. the precautions to be taken by, 17, 79, 150, 155, 174, 296, 314, et passim, his best course to buy, 49 and seq. precaution on buying for harness, 154, 155, 160. caution on returning a horse, 177. Quittor, 357. Refusal of food, unsoundness, 357. Rent, liability of horses at livery to distress for, 388. Return, 359, see Warranty. Rheumatism, 114. Riders, hints to timid, 225. Ringbone, its indications, 74. Robinson's Repository, sec Appendix. Roaring, 117,315,339, 368. Running thrush, 90. Sand-crack, 88, 357. Seller. conduct to be observed on the sale of horses, 317, 398 k seq. liability to strangers on fraudulent sale of a vicious horse, 400. Sewell, Professor, 87, 98, 176, 199, 334, 350. Shape, badness of, not unsoundness, 355. Shoeing, with leather, 199 ; the principle of shoeing, 85. Sinews, back, 97. Sole, 82. Sore back, 151, 215. Soundness, defined, 327 and seq. Spavin, indicated by cutting, 103 ; unsoundness, 357. INDEX. 423 Speedy cut, 42. Splents, 98, 346. Stables, their construction and arrangement, 184 and seq. Stolen horses, 265, see Warranty. Stopping the feet, 199. Statute of Frauds, see Warranty. Strains, treatment of, 217. , Strangles, 147. String-halt, 125. Sunday, dealing on, see Warranty, 260. Swelled leg, 125, 190. Taplin, Mr. his definition of soundness, 329. Tattersall, Mr. 403, see Appendix. Teeth, 143. Temporary lameness, 357. Thompson, Mr. 156, 160. Thorough-pin, 123, 367. Thrush, see Running Thrush. Travellers, hints to Equestrian, 204. Unsoundness, summary of decided cases, 356 and seq. Veterinary College, 211. Vice, 153, 401. Viewing horses, morning the best time, 127. T^ ARR AN T Y . a principle of construction suggested, 356 and seq. express, what is, 267. vendor undertakes it is true at the time of making it, mus? be express, or fraud must have been practised to maintain an action, 281. what amounts to, 299 and seq. 424 INDEX. INDEX. 425 Warranty, continued. sale made on faith of, period of time when given, immate- rial, 286, 287. when written, no agreement stamp required, 299. patent defects in a horse not covered by, 307. may be either verbal or written, 309. both vendor and purchaser held strictly to the terms of, 310. distinguished from bona fide representations, 313. after purchase is invalid, 314. what amounts to acknowledgment of warranty given, 314. given at seller's peril, whether he knows of unsoundness or not, 318. continuing, explained, 343» remedy for breach of, 359. value of, in respect of price, 400. implied, 271 definition of, 300. when particular article required, 267. of soundness, cannot be implied in horse-dealing, 269. cases of, 271 and seq. distinguished as regards commodities of fixed value, and a horse, 274. continuing, 344. AOINT. employed to sell, may exercise a discretion in warranting, 316. may warrant contrary to his employer's instructions, ib. and will fix his employer, 318. in what cases, ib. distinction between servant of a horse-dealer and another, 319. authorized to sell, has implied authority to receive the pro- ceeds, in the absence of advice to the contrary, 378. I ^"Then puffers are employed without its being declared purchasers cannot be compelled to complete the contract, whe^the conditions of sale are declared to be ''the usual conditions," purchaser bound to take notice of them, if posted in a conspicuous place, 372. not so, if fixed up in a private yard, ib. AUCTIONEBR. , _^. „-o is tUe lawfully authorized agent of both parties, 2.9. ^™ris sufficient within the Statute of Frauds, 256 251. must be signed either by the parties or the.r agents, 256. aeent need not possess authority in writing, 2o7. :!fficient authority if sustained by the circumstances in which he is placed, ib. , ^ ^ :„ qho exact terms of warranty should be included m, 309. difference between contract relating to ^-d an^^oo ^^^^^^ all representations previously made, should be introduced into, 289, 290. Otherwise purchaser bound by, 290. Damages, measure of, 324, 380. Delivery within the Statute of Feadds. definition of, 244. may be either actual or constructive, 245. what constitutes an actual, ib. when need not be actual, 248. what constitutes a constructive, ih. question of, treated with strictness by the courts, ib. when purchaser writes his name on article, i6. difference where he puts a mark, 251. to a party named by purchaser sufficient, 254. Earnest, Payment op. definition of, 255, 256. 426 INDEX. Earnest, Payment of, continued. no unwritten contract for goods above JCIO good withouti 244. except buyer receive the goods sold, 244. constructive payment of earnest, not sufficient, 256. difference between, and part performance, ib. Evidence. in an action on a warranty, purchaser must prove the horse to have been unsound at the time sold, 324. it is not sufficient to induce suspicion, ib. of breach of warranty, admissible to reduce damages, 359. of a former seller, with warranty admissible, without a release, 379 ; but this decision doubtful, ib. parole, when admissible. Fraud. representations made at the time of sale, if fraudulent, make the seller liable, 271. avoids a contract, ab initio, ib, when the seller is not liable for false representations, 288. distinction between false representations of facts and opinion, 296. will avoid the sale of a horse with a warranty, though it is not on any point included in warranty, 298. doubtful, if it is competent to a buyer to object to sale on account of, at any time, 302. if purchaser, after discovery of, deals with the article as his own, he cannot repudiate the contract, 304. discovery of a second fraud does cot revive his right to repu- diate contract, ib. Inn-keeper. has a lien upon the horse for his keep, unless known to have been illegally obtained, 388. compellable by law to take in strangers and their cattle, ib. horses placed in stables of, not liable to distress for rent, 391 his general responsibility, 392. INDEX. 427 Jobmaster. liable for the acts of his servant, 394, 395. Livery Stable-keeper. not compellable to take in horses, 389. has no lien upon the horses, except by special agreement, 389. horses placed in stables of, liable to distress for rent, 391. Masters, see Agent. ' horse, in no instance, can be returned for breach of warranty, 359 and seq. unless there is a stipulation in contract, 362. and then as soon as defects discovered, 364. unless induced by seller to prolong the trial, 367. action lies for breach of warranty, without return, or notice of unsoundness, 368. Trial on purchase. Statute of Frauds, (29 Char. II., cap. 3rd.) construction of, in reference to agency of auctioneer, 259. authority of agent to sign a memorandum, ib. what is a suflBcient memorandum, within, 257. may be signed by parties or their agents, ib. auctioneer is an agent of both parties, ib. no contract for sale of any goods above £10, valid under, 244. unless part accepted, ib., and acceptance must be unequivo- cal, 254. or earnest money given, 244. unless a note or memorandum made, ib. signed by both parties, ib. or their agents, ib. Stolen Horses. no title can be made to, 265. restitution secured by 21 Hen. VHI., cap. 2, 264. may be ordered in a summary way, ib. 428 INDEX. Stolen Horses, continued. under (Peel's Act) 1 and 8 Geo IV. cap. 29, ib. may be enforced against any party in whose possession they are, except where purchased in market overt, tb. as to sale of stolen horses in fairs and market^ ib. horses may be recovered within six months after sale m overt market, 266. by summary process before a magistrate, on tender of price bonafid^ paid, and so far differ from other stolen goods, 9f5*7 in what cases magistrates have no power to order re-delivery, ib. Sunday. ,. ... n-^ bargains made on, void if in pursuit of ordmary calling, 259, 260. when not void, ib. action cannot be maintained by dealer, on contract made on, 261. . xv,« vendor not allowed to set up in answer to an action on the warranty, that he was a dealer, and that the horse was sold on a Sunday, 262. but buyer must not be aware of vendor's profession, tb, when subsequent promise to pay sufficient, though the con- tract was made on, ib. Wimbush, Mr., 52. Wind, 114. Windgalls, 96. Woodin, Mr., 86, vide also introductory chapter and preface. \V0RK. the description required, an important consideration, 20. its effects occasioned by a loss of appetite, 27. change in its usual jcharacter prejudicial, 333. LIST OF CASES QUOTED Adam v. Richards, - Alexander v. Gibson, Ashbourne v. Price, Atterbury v. Fairmaner, Baglehole v. "Walters, Baldey v. Parker, - Baldwin v. Dixon, - Bassett v. CoUis, Bayley v. Merrel, Beedle v. Morris, - Best V. Osborne, Bexwell v. Christie, - Biss V. Mountain, Blenkinsop v. Clayton, Bloxsome v. Williams, Bluett V. Osborne, - Bramley v. Alt, Bray v. Mayne, Brett V. Lovett, Bridge v. Wain, Briggs t). Crick, 37 Page. 306 318 321 354 280 251 380 . 340 . 308 . 393 . '3t4 - 378 . 380 - 255 - 262 - 268 - 377 - 386 - 305 - 274 - 379 P»ge. Broadwater v. Blot, - 394 Broennenburg v. Haycock, 351 Brown v. Edgington, - 273 Buchanan v. Pamshaw, - 373 Budd V. Fairmaner, - 289, 349 Bywater v. Richardson, - 356 Camoys (Lord) v. Sour, Campbell v. Fleming, Capel V. Thornton, - Carter v. Touissant, Caswell V. Coare, Cave V. Coleridge, - Cellis V. Mortimer, - Champion v. Plumraer, Chandelor v. Lopus, Chanter v. Hopkins, Chaplin v. Rogers, - Chesterman v. Lamb, Clifton V. Walmesley, Clinan v. Cooke, Coggs V. Bernard, - - 357 - 304 - 378 . 248 . 380 . 301 - 372 - 258 - 284 - 276 - 249 371, 381 - 293 - 257 - 394 \ \h 430 LIST OP CASES QUOTED. Coles V. Trecothick, Coltherd v. Puncheon, Conolly V. Parsons, Cooper V. Barton, Cormack v. Gillis, - Cornfoot v. Fowke, - Crosier v. Tomkinson, Cross V. Andrews, - Crowder v. Austin, - Curtis V. Hannay, - Dawes v. King, Dean v. Keate, De Sewhanberg v. Bu- chanan, - Dickinson v. Gapp, - Dickinson v. FoUett, Dobell V. Stevens, - Drury v. De Montaine, Dunlop V. Waugh, - Dutton V. Solomonson, Dyer v. Hargrave, - Earl V. Patterson, Eaves v. Dickson, Egerton v. Matthews, Elmore v. Kingscote, Elmore v. Stone, Elton V. Brogden, - Emanuel v. Dane, - Evans v. Bicknell, - Eyre v. Dunsford, Fenn v. Harrison, - Page. 259 311 376 387 363 322 392 392 376 361 280 387 . 313 . 313 . 355 - 301 - 261 - 289 - 255 - 308 - 350 - 324 - 258 . 258 - 246 - 328 - 363 - 287 - 287 - 319 Page. Fennel v. Ridler, - - 262 Fielder v. Starkin, - - 370 Fingall (Lord) v. Ross, - 257 Fleming v. Simpson, - 269 Fletcher v. Bowsher, - 275 Francis v. Wyatt, - - 392 Gardiner v. Gray, - - 274 Garment v. Barrs, - - 342 Geddes v. Pennington, - 311 Gompertz v. Denton, - 359 Graham v. Musson, - 259 Gray v. Cox, - - - 277 Grimson v. Woodfall, - 263 Gunnis v. Erhart, - - 376 Handford v. Palmer, - 385 Hart V. Sattley, - - 254 Hern v. NichoUs, - - 272 Hodgson V. Le Bret, - 250 HoUyc ar t\ Hawkes, 283,316 Hopkins v. Appleby, - 373 Horwood V. Smith, - - 265 Howard f. Castle, - - 376 Jackson v. Cummings, - 390 Jeflfrey v. Walton, - - 292 Jelly V. Clerk, - - 393 Jewdwine v. S^dc, - - 288 Johnson v. Hill, - - 388 Jolliff V. Baudel, - - 353 Jones V. Pearl, - - 393 Joseph V. Adkins, - - 267 LIST OF CASES QUOTED. Page. Kain v. Old, - - 290 King V. Boston, - 364 King V. Wheatley, - - 306 Laing v. Fidgeon, - - 273 Larbalistier v. Clarke, - 380 Leak v. Morrice, - 257 Lewis V. Peake, - 326 Liddard v. Kain, - 344 Maine v. Melbourne, - 257 Malins v. Freeman, - - 377 Margetson v. Wright, 309, 347 M'Kenzie v. Hancock, - 382 McUish V. Motten, - - 279 Mesnard v. Aldridge, - 372 Miles V. She ward, - - 384 Morish v. Foote, - 380 Morton v. Beddington, - 352 Pickering v. Busk, - Pickering v. Dowson, Power V. Wells, Prosser v. Hooper, - Quarman v. Barnett, Richardson v. Brown, Roswuel V. Vaughan, Salmon v. Ward, Samuel v. Wright, - Scheider v. Heath, - Schneider v. Norris, 431 Page. . 319 - 280 - 363 - 279 . 361 . 313 - 284 - 301 - 387 - 281 - 258 NichoUe v. Plume, - - 254 Okell v. Smith, - 364 Onslow V. Eames, - - 340 Packer v. Gillies, - - 264 Parker v. Patrick, - - 265 Parkinson v. Lee, - - 281 Pasley v. Freeman, - - 284 Patteshall v. Tranter, 370, 383 Payne v. Whale, - 314 Pennefather v. Locke, - 390 Percival v. Blake, - - 303 Scotland (Bank) v. Watson, 319 Selway v. Fogg, - - 305 Shepherd v. Kain, - Shillito V. Claridge, Skrine v. Elmore, ■ Smith V. Lawrence, Springwell v. Allen, Steward v. Coesvelt, Street v. Blay, Strode v. Dyson, Stuart t'. Wilkins, Symonds v. Carr, - 275 328, 345 - 300 - 388 - 288 - 299 371, 359 - 319 - 307 . 323 Tapp V. Lee, - - - 283 Tempest v. Fitzgerald, - 254 Thompson v. Macirone, - 253 Tollitt V. Shenstone, - 391 Tomlin v. Bowse, - - 320 Towers v. Barrett, - 316, 369 / 432 LIST OF CASES QUOTED. P»g«. Vernon v. Keys, - 28t Wallace v. Woodgate, - 389 Watt V. Evans, - 257 Weston V. Downs, - - 316 Williams «. Paul, - - 263 Williamson v. Allison, Woodin V. Burford, Wood V. Smith, Wright V. Percival, - P»««. - 288 - 319 283, 300 . 252 York V. Grinstone, - - 393 e^ I