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Author: Stephen, George

Title: The adventures of a gentleman in search of a horse

Place of Publication: Philadelphia

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THE ADVENTURES

or A

GENTLEMAN IN SEARCH OF A HORSE.

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

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.

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."

THE ADVENTURES OF A GENTLEMAN

IN SEAKCH OF A HOKSB.

"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

» I

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.

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

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.

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

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

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-

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.

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

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.

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

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.

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

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.

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-

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.

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

»>

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.

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

THE ADVENTURES OP A GENTLEMAN

IN SEARCH OF A HORSE.

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.

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.

THE ADVENTURES OF A GENTLEMAN

IN BBARCH OP A HORSE.

"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

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.

" 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."

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.

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 ?"

THE ADVENTURES OP A GENTLEMAN

IN SEARCH OF A HORSE.

"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

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.

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

THE ADVENTURES OF A GENTLEMAN

( .'

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

THE ADVENTURES OF A GENTLEMAN

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.

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,

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.

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

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.

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.

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.

" 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

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.

** 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 ?"

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.

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.

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

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.

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

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.

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.

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

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

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.

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

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.

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-

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

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 !"

THE ADVENTURES OP A GENTLEMAN

" 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.

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.

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.

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

THE ADVENTURES OP A GENTLEMAN

IN SEARCH OP A HORSE.

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

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.

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-

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.

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-

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

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.

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

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

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

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

-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.

"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.

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.

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

THE ADVENTURES OP A GENTLEMAN

IN SEARCH OF A HORSE.

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*

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

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

112

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

113

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

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.

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

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

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122

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OP A HORSE.

123

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.

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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

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

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

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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,

136

THE ADVENTURES OF A GENTLEMAN

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,

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.

# ■;< .

140

THE ADVBNTURBS OF A GENTLEMAN

IN SEARCH OF A HORSE.

141

ifl

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

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,

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

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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.

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160

THE ADVENTURES OF A GENTLEMAN

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-.-

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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.

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

\ «

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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.

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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.

I-

160

THE ADVENTURES OF A GENTLEMAN

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

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

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

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

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 ! ! !

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

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-

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

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.

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

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-

188

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OP A HORSE.

189

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

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

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

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*

206

THE ADVENTURES OF A GENTLEMAN

IN SEARCH OF A HORSE.

207

' t

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

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-

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.

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

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.

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

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

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

224

THE ADVENTURKS OF A GENTLEMAN

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\

[

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

-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.

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

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-

X-

>•

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

238

THE ADVENTURES OP A GENTLEMAN

"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."

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

r V

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*

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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

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

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

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.

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

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,

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

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*

.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

■»

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

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

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

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

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*

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.

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

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

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

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

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*

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

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

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

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

!»!.;

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

![■

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 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

808

THE ADVENTURES OF A GENTLEMAN

II
ll

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

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

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

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

* 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.

It is remarkable that when the servant was after-

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

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.

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

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-

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

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

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

360

THE ADVENTURES OF A GENTLEMAN

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*

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

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

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-

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

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

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

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

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-

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

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.

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

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

892

THE ADVENTURES OF A GBNTLBMAN

IN SEARCH OF A HORSE.

393

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

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

896

THE ADVENTURES OP A GENTLEMAN

IN SEARCH OF A HORSE.

397

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

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*

* .

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.

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-

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.

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-

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.

411

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.

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,

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.

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.

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.

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.

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.

^"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,

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

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

. 355

- 301

- 261

- 289

- 255

- 308

- 350

- 324

- 258
. 258

- 246

- 328

- 363

- 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

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