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«^  -3 


r-  X. 


JOHNA.SEAVERNS 


^^"ir'^  ^Jk. 


ADVICE 


PURCHASERS    OF    HORSES; 


BKING  A  SHORT  AND  FAMILI A R  TREATISE  ON  THE  EXTERIOR  CONFORMATION 
OF  THE  KOaSE  ;  THE  NATURE  OF  SOUNDNESS  AND  UNSOUNDNKSS  ;  ANI» 
THE  LAWS  RELATING  TO  SALE  AND  WARRANTY  ;  WITH  COPIOUS  DIHliC- 
TIONS  FOR  DISCOVERING  UNSOUNDNESSES  PRIOR  TO  PURCHASING. 


By    J.    STEWART, 

VETERINARY  SURGEON,  AND  PROFESSOR  OF  VETERINARY  SURGERY 
IN  THE  ANDERSONIAN  UNIVERSITY. 


"  The  buyer  hath  need  of  an  hondrccl  eyes, 
But  the  seller  of  only  one." 


THIRD  EDITION. 


PRINTED  AT  THE 

Glasgow  University  Press. 
PUBLISHED  BY  W.  R.  M'PHUN,  86,  TRONGATE, 

AND 

SIMPKIN  AND  MARSHALL,  LONDON. 

MDCCCXXXV. 


CONTENTS. 


Preface,       ...... 

V 

Exterior  Conformation  of  the  Horse, 

1 

Soundness,     .... 

16 

Unsoundness,          ..... 

18 

Laws  Relating  to  Sale  and  Warranty, 

21 

Vice, 

42 

Directions  for  Discovering  Unsoundnesses, 

48 

index.      •....».. 

111 

PREFACE. 


There  is  no  species  of  traffic  in  which  the 
purchaser  runs  greater  risk,  exposes  himself 
to  more  imposition,  and  experiences  more 
disappointment,  than  in  that  of  horse-dealing. 
There  is  none  in  which  so  little  confidence 
is  placed  in  the  seller ;  and,  generally  speak- 
ing, there  is  none  in  which  greater  ignorance 
is  displayed  by  both,  in  judging  of  the  sound- 
ness of  the  commodity.  The  buyer  inquires 
"  is  the  horse  sound?"  the  seller  replies 
"  warranted  sound,"  and  makes  himself  re- 
sponsible for  it  by  giving  a  written  certificate. 
As  the  word  sound  forms  such  an  important 
part  of  the  contract,  we  might  expect  that 
its  meaning  would  be  welt  defined,  and  clearly 
understood  in  the  same  sense  by  both  parties. 
But  no  such  thing;  on  the  contrary,  not  two 


out  of  an  hundred  attach  the  same  meaning 
to  it.  One  says,  a  horse  is  sound  when  free 
from  lameness ;  another  enumerates  a  certain 
number  of  diseases,  such  as  spavin,  broken 
wind,  glanders,  &C.5  the  existence  of  any  of 
which  makes  a  horse,  in  his  opinion,  unfit  to 
be  warranted,  but  no  two  agree  as  to  the 
kind,  or  number  of  diseases.  Hence  arise 
misconception,  litigation,  suspicion  of  knavery, 
and  the  low  estimation  in  which  the  dealer 
is  too  generally  held.  Many  people  are  not 
aware  while  they  vilify  the  dealer  for  palm- 
ing an  unsound  horse  upon  them,  that  it  is 
quite  possible  he  knew  nothing  about  the 
unsoundness.  It  is  only  under  certain  cir- 
cumstances that  he  can  know  more  of  the 
horse  than  the  purchaser  (if  a  horseman) 
would,  after  possessing  him  the  same  length 
of  time.  For  the  truth  is,  the  majority  of 
men  embark  in  horse-dealing  with  scarcely  a 
qualification  requisite  for  conducting  it,  with 
profit  to  themselves  and  satisfaction  to  their 
customers.     It  is  not  enough  to  be  a  toler- 


able  judge  of  a  horse's  shape,  to  have  tact  in 
buying  at  a  low  rate,  and  selling  at  a  high 
one.  In  order  to  select  with  judgment,  and 
recommend  with  confidence,  some  knowledge 
of  the  structure  and  diseases  of  their  mer- 
chandise, should  be  added  to  their  ordinary 
qualifications.  With  such  information,  the 
dealer  would  be  much  less  exposed  to  the 
mortification  of  having  his  horses  returned 
for  what  he  knew  nothing  about — his  war- 
ranty would  be  more  valuable — he  would  be 
more  trusted  to,  and  stand  higher  in  public 
estimation. 

While  the  ignorance  of  the  dealer  is  one 
great  source  of  dispute,  his  undoubted  dis- 
honesty is  another.  "  Too  many,"  as  I  once 
heard  an  experienced  and  intelligent  horse- 
man remark,  "  begin  business  who  have  nei- 
ther principle  nor  capital,"  and  whose  whole 
life  is  spent  in  downright  imposition.  They 
buy  up  a  lot  of  lame  or  worn-out  horses,  try 
their  skill  in  removing  or  healing  their  worst 
faults,  and  then  resell  them  to  some  small 


VIU 


former,  or  poor  carter;  and  thus,  these  des- 
picable rascals,  like  quacks,  contrive  to  live 
by  robbing  the  poor.  It  is  some  consolation, 
however,  that  they  are  not  nearly  so  numer- 
ous as  they  were  some  years  ago.  Men  of 
respectability  and  information  are  gradually 
pushing  them  out  of  the  field. 

The  dealer  is  not  always  in  the  wrong. 
It  is  imagined  by  many  purchasers,  that  the 
warranty  makes  the  seller  responsible  for 
whatever  may  happen  the  horse  for  a  certain 
period  after  sale ;  some  say  three  weeks,  some 
three  months,  and  others,  still  more  rapacious, 
would  have  it  extend  to  six  months.  Now, 
by  referring  to  the  article  on  warranty,  it 
will  be  seen  that  though  the  horse  dies  a 
day,  an  hour,  or  even  a  minute  after  the 
completing  of  the  sale,  yet  the  purchaser  must 
bear  the  whole  of  the  loss,  unless  it  can  be 
proved  that  the  cause  of  death  existed  at  the 
moment  of  sale.  Few  men  would  be  foolish 
enough  to  warrant  a  horse,  at  any  price,  if  the 
law  were  such  as  it  is  so  commonly  supposed. 


IX 


Indeed  as  it  is,  some  gentlemen  when  selling 
their  horses,  have  been  so  much  annoyed 
that  they  have  given  up  warranting  altoge- 
ther; and  they  contend  that  it  is  upon  the 
whole  the  best  way.  But  to  me  it  appears 
otherw^ise;  for  it  would  encourage  all  sorts 
of  knavery,  the  purchaser  would  be  com- 
pletely at  the  mercy  of  the  seller,  and  it 
would  very  much  impede  the  transaction  of 
business.  It  is  often  said  that  a  horse  is  like 
a  lottery  ticket,  but  he  would  be  much  more 
so  if  he  were  never  warranted.  The  irre- 
gular mode  in  which  horse-dealing  is  man- 
aged, makes  it  more  a  lottery  than  it  naturally 
is.  Alter  the  system,  and  fewer  warranties 
will  be  asked,  and  fewer  objections  will  be 
made  to  granting  them.  The  purchaser  can- 
not return  the  horse  without  a  veterinary 
surgeon's  certificate  that  he  is  unsound,  and 
that  the  cause  of  that  unsoundness  existed 
prior  to  sale;  and  therefore  the  seller  runs 
no  risk,  if  the  horse  is  really  sound  when  sold. 
He  should,  however,  reject  the  opinion  of  a 


man  who  is  not  qualified  to  give  one.  But 
now  I  am  getting  out  of  my  province ;  this 
book  is  written  for  the  purchaser. 

In  the  following  pages  I  have  endeavoured 
to  supply  the  horseman  with  what  he  must  often 
have  felt  the  want  of.  I  believe  there  is  no 
separate  treatise  in  the  English  language  on 
the  examination  of  purchases,  and,  with  the 
exception  of  the  author  of  the  "  Horse"  in 
the  "  Library  of  Useful  Knowledge,'*  our 
authors  are  all  too  scholastic,  and  too  volumin- 
ous to  be  useful  to  an  ordinary  reader. 

Glasgow,  October^  1833. 


2  KN'fU'  Ji>int 
5  Knf  J^cini 

olfip  JeiJil 
'l  Sti/'U  ,reinl 
•ij/cc'/i  Joint 
■a  Ff/7<v^-     ■ 
WtJ'/.fnr/is 


Mind  Zf^ 


A  Sfiiti'/'Spfi'c/r  /'ui 
I!  Jio.  .Splcni 

1)  Siiifh<?ne 

F  'J'/ii'iToutfti  pni 
r.  ( •a/./;;t/Ici/c 
11  i'lir/' 
I    Spuvu, 


ADVICE 


PURCHASERS  OF  HORSES. 


Exterior  Conformation  of  the  Horse. 

There  are  some  peculiarities  in  tlie  form  of  the 
horse,  which  admirably  fit  him  for  one  kind  of 
work,  but  at  the  same  time  render  him  useless, 
or  nearly  so,  for  another.  The  racer,  with  his 
light  airy  form,  delicate  limbs,  rapid  movements, 
and  fiery  spirit,  is  eminently  an  animal  of  speed  ; 
but  yoked  to  a  heavy  wagg-on  along  with  a  stout 
cart  horse,  he  appears  comparatively  weak  and 
worthless.  Though  one  horse,  from  his  con- 
formation, is  best  fitted  to  carry,  and  another  to 
draw,  and  another  still  to  do  both  with  decency, 
yet  there  are  certain  points,  which  it  is  desirable 
to  have  in  all  horses,  for  whatever  work  they 
may  be  designed.  Such,  for  example,  is  a  large 
nostril,  which  is  a  good  quality  in  all,  and  does 
not,  like  some  others,  become  a  bad  one,  when 
the  horse  is  applied  to  a  different  purpose.  But 
then,  it  is  one  of  far  more  consequence  in  ahorse 


2  EXTERIOR  CONFORMATION 

wanted  for  quick  work,  than  one  whose  pace 
need  never  exceed  a  walk.  In  the  one  case,  it 
is  absolutely  requisite,  but  in  the  other,  is  only 
a  secondary  consideration. 

The  horse  in  most  general  use,  is  a  compound 
of  the  speed  of  the  racer  and  the  power  of  the 
draught  horse  :  and  it  is  the  different  proportions 
in  which  these  qualities  exist,  that  make  one  a 
hunter,  another  a  hackney,  &c.  To  explain  how 
a  certain  form  makes  one  horse  fleet,  and  another 
powerful,  would,  in  mest  cases,  lead  to  an  ana- 
tomical consideration  of  the  whole  machine,  so 
that  in  the  majority  of  cases,  I  can  only  state 
the  fact,  and  those  who  wish  for  more,  may 
obtain  it  by  some  dissection,  and  a  careful  perusal 
of  "  The  Horse,"  in  the  Library  of  Useful  Know- 
ledge— a  work,  by  the  way,  which  no  admirer  or 
proprietor  of  the  horse  should  be  without.  I 
shall  only  observe  here,  that  difference  in  form 
is  almost  entirely  produced  by  the  relative  pro- 
portion (length  generally)  of  the  bones,  and  the 
position  they  occupy.  The  muscles  are  the  organs 
of  motion,  and  in  proportion  to  their  development, 
the  animal  is  strong,  but  the  bones  being  the 
levers  upon  which  the  muscles  act,  that  strength, 
and  the  horse's  action,  must  be  considerably  in- 


OP  THE  HORSE.  3 

creased  or  diminished,  according  as  the  bone  they 
are  attached  to  is  longer  or  shorter  than  is  usual. 
The  strength  is  likewise  much,  and,  generally 
speaking,  the  extent  of  action  more,  influenced, 
by  the  position  of  the  bone,  as  in  the  case  of  the 
shoulder  blade,  which  by  being  long,  and  slanting 
from  the  withers  forwards  and  downwards,  gives 
the  horse  extensive  action  as  well  as  strength, 
while  a  more  upright  position  (and  if  upright,  it 
musthe  short  likewise)  of  the  same  bone,  confines 
the  action  of  the  whole  limb,  and  reduces  the 
power  of  the  muscles.  The  bones,  besides, 
sustain  and  give  form  to  the  whole  structure, 
and  add  considerably  to  the  weight:  consequently 
their  bulk  in  the  draught  horse  is  not  a  serious 
objection,  for  he  does  much  of  his  work  by  throw- 
ing his  weight  into  the  collar,  and  as  it  were 
pushing  it  before  him. 

Notwithstanding  the  importance  of  conforma- 
tion, it  is  not  all  that  is  required.  Experience 
reminds  us,  that  many  seemingly  faultless  animals 
have  lamentably  disappointed  the  expectations 
their  figure  had  raised,  while  others,  as  insig- 
nificant in  appearance  as  may  be,  have  surprised 
good  judges  by  their  extraordinary  and  iinlooked 
for  performances.     Hence,  many  horsemen   ex- 


4  EXTERIOR  CONFORMATION 

claim,  that  <'  there  are  good  horses  of  all  shapes." 
The  fact  is,  a  great  deal  depends  on  the  quantum 
of  nervous  energy  or  "  bottom"  which  the  animal 
possesses,  and  it  is  the  union  of  this  energy  with 
good  conformation  that  makes  many  horses 
invaluable.  Its  absence  or  presence,  however, 
is  not  likely  to  be  discovered  by  the  purchaser 
without  a  trial ;  and  to  avoid  disappointment  in 
this  respect,  it  is  therefore  advisable  to  obtain 
one  prior  to  purchase.  The  horse  should  be  set 
to  the  work  he  will  be  called  on  to  perform,  and 
if  he  is  intended  for  the  saddle  or  single  harness, 
he  should  have  no  companion  on  his  trial,  for 
many  horses  work  well  in  company,  that  are 
downright  sluggards  when  alone. 

Some  horses  have  an  unpleasant  way  of  going, 
or  are  difficult  to  manage,  or  have  some  vice 
which  is  only  displayed  at  work.  These  are  so 
many  more  reasons  for  having  a  trial  prior  to 
striking  a  bargain.  But  if  that  cannot  be  obtained, 
some  sort  of  conclusion  regarding  the  animal's 
spirit  may  be  drawn  from  his  general  appearance. 
The  way  he  carries  his  head — his  attention  to 
surrounding  objects — his  gait — and  the  lively 
motion  of  his  ears,  may  all  or  each  be  looked  to 
as  indicative  of  "  bottom"  or  willingness  to  work. 


OP  THE  HORSE.  5 

It  is  only  however  in  a  private  stable,  ov  in  that 

of  a  respectable  dealer,  that  these  criteria  can  be 

depended   upon :    for   in    a    market-place,    the 

animal  is  too  much  excited  by  the  cracking  of 

whips,  and  the  too  frequent  application  of  them, 

to  be  judged  of  as  regards  his  temper.     Neither 

must  the  buyer  be  thrown  off  his  guard  by  the 

animation  which  horses  display  at  an  auction,  or 

on  coming  out  of  the  stable  of  a  petty  dealer, 

for  it  is  a  fact  which  cannot  be  too  well  made 

known,  that  there  are  many  unprincipled  dealers 

who  make  it  their  business,  before  showing  a 

horse,  to  "put   some  life  in  him,"  that  is,  they 

torture  him  with  the  lash,  till,  between  pain  and 

fear,  the  poor  animal  is  so  much  excited  as  to 

bound  from  side  to  side  with  his  utmost  agility, 

at  the  least  sound  or  movement  of  the  bystanders. 

Such   a  wretched  want  of  humanity  cannot  bo 

too  severely  censured,  and  I  would  neither  buy 

nor  recommend  another  to  buy,  from  a  man,  who 

degrades  himself  by  such  abominable  cruelty  and 

pitiful  eflPorts  to  cheat  his  customer.     However, 

I  believe,   most  well-informed  and  respectable 

dealers  have  now  done  away  with,  and  prohibited 

their  grooms,  from  whipping  as  well  as  many 

other  paltry  and  easily  seen  through  attempts  to 


b  THE  HEAD  AND  NECK. 

impose  upon  the  unwary.  But  the  art  of  cheat- 
ing still  reigns  triumphant  in  the  stables  of  the 
unprincipled  "  coper,"  and  the  buyer  should,  if 
possible,  shun  him. 

In  considering  the  conformation  of  the  horse, 
it  is  convenient  to  divide  him  into  Head  and 
Neck,  Trunk  or  Carcase,  and  Extremities,  or 
the  Hind  and  Fore  Legs.  Under  these  heads, 
I  shall  note  what  are  deemed  the  most  essential 
points,  and  only  those :  for  there  can  be  no 
occasion  for  dilating  upon  the  subject  as  is  usual, 
when  attention  is  directed  to  such  trifles  as,  "  the 
ears  should  be  well  placed,  small,  pointed,  erect, 
covered  with  thin  skin,  the  eyelids  thin,  the 
muzzle  thin,  and  Avell  supported,"  &c.  Such  an 
account  might  consistently  close  by  saying,  that 
the  horse  should  have  four  feet  as  well  as  four 
legs.  Until  men  can  make  horses  as  they  say 
they  slioidd  be,  the  purchaser  must  content  him- 
self if  he  gets  one  with  those  qualities  which  are 
most  important  in  fitting  him  for  his  destined 
work,  and  whose  general  appearance  will  do  his 
master  no  discredit. 

The  Head  and  Neck, 
The  head,  as  being  a  part  not  at  a,ll  contri- 


THE  HEAD  AND  NECK.  7 

bating  to  progression,  should,  in  the  saddle  horse, 
be  small,  that  it  may  be  light — the  nostrils 
expanded  to  admit  plenty  of  air,  and  the  space 
between  the  branches  of  the  lower  jaw,  called 
the  channel,  should  be  wide,  that  there  may  be 
plenty  of  room  for  the  head  of  the  windpipe.  In 
the  draught  horse,  a  heavy  head  is  not,  as  far  as 
utility  is  concerned,  an  objection,  for  it  enables 
him  to  throw  some  weight  into  the  collar,  and 
hence,  excepting  its  ugliness,  it  is  rather  an 
advantage  if  he  is  used  entirely  for  draught.  But 
it  makes  the  saddle  horse  bear  heavy  on  the 
band  of  the  rider,  makes  him  liable  to  stumble, 
and,  when  placed  at  the  end  of  a  long  neck,  is 
apt  to  wear  out  the  fore  feet  and  legs  by  its 
great  weight.  The  neck  of  the  saddle  horse 
should  be  thin,  not  too  much  arched,  and  rather 
short  than  long,  for  the  same  reason  that  the 
head  should  be  light :  and  in  the  draught  horse, 
it  may  be  thick,  stallion-like,  and  sufficiently  long 
to  afford  plenty  of  room  for  the  collar,  and  for 
the  same  reason  that  the  head  may  be  large  in 
this  animal.  The  windpipe  should  be  large,  and 
standing  well  out  from  the  neck,  that  the  air 
may  have  an  easy  passage  to  and  from  the  lungs. 
The  horse  used  for  both  carrying  and  drawing, 


b  THE  TRUNK  OR  CARCASE. 

should  have  a  head  and  neck  neither  too  light 
nor  too  heavy.  The  advantage  of  a  heavy  head 
and  neck  to  a  draught  horse,  is  illustrated  by  the 
practice  of  some  carters  putting  a  boy  on  the 
shoulder  of  a  horse,  when  starting  a  load  in  deep 
ground.  By  enabling  him  to  throw  the  boy' 
weight  besides  his  own  into  the  collar,  it  assists 
him  materially. 


The  Trunk  or  Carcase. 

That  the  saddle  horse  may  be  safe  and  have 
extensive  action,  it  is  necessary  that  the  withers 
be  high.  This  advantage  is  indicated  by  the 
horse  standing  well  up  before  ;  and  it  is  usual  in 
showing  a  horse  to  exaggerate  the  height  of  the 
forehand,  by  making  him  stand  with  his  fore  feet 
on  a  somewhat  elevated  spot.  A  horse  with 
low  withers  appears  thick  and  cloddy  about  the 
shoulder.  In  the  ass  and  mule,  the  withers  are 
very  low,  and  the  shoulders  very  flat,  and  this 
is  the  reason  why  they  are  so  unpleasant  to  ride, 
and  why  it  is  next  to  impossible  to  keep  the 
saddle  in  its  proper  place  without  the  aid  of  a 
crupper.     High  withers,  however,  are  not  essen- 


THE  TRUNK  OR  CARCASE.  9 

tial  to  the  racer  or  the  draught  horse.  The 
former  does  all  his  work  by  leaps,  and  that  is 
performed  best  when  the  horse  stands  somewhat 
higher  behind  than  before:  neither  are  high 
withers  necessary  to  the  draught  horse :  but  in 
the  roadster  they  are  as  important  as  the  safety 
of  the  rider  is,  for  a  horse  with  a  low  forehand 
is  easily  thrown  on  his  knees.  In  the  draught 
horse,  this  tendency  towards  the  ground  is 
obviated  by  the  support  the  collar  affords. 

The  chest  should  be  deep  and  wide  in  all 
horses,  but  especially  so  in  one  intended  for  quick 
work,  in  order  that  there  may  be  plenty  of  room 
for  those  important  organs,  the  lungs.  When 
the  chest  is  deficient  in  capacity,  the  horse  has 
neither  strength  nor  endurance ;  and  is  in  stable 
language  termed  "  washy."  Such  horses  have 
in  general  more  fire  than  vigour,  and  being 
showy,  may  carry  a  lady  well  enough,  but  are 
comparatively  worthless  for  effective  service.  A 
narrow  chest  is  indicated  by  the  fore  legs  stand- 
ing close  to  each  other. 

The  barrel  behind  the  girth  should  approach 
as  nearly  as  may  be  to  a  cylindrical  form,  that 
there  may  be  plenty  of  room  for  the  digestive 
organs. 


10  THE  TRUNK  OR  CARCASE. 

The  back  should  not  be  too  long  nor  too 
short,  for  though  length  is  favourable  to  an 
extended  stride  and  rapid  motion,  yet  it  makes 
the  horse  weak,  and  unable  either  to  draw  or 
carry  any  considerable  weight.  On  the  other 
hand,  if  the  back  be  too  short,  the  horse's  action 
must  be  confined,  and  short-backed  horses  in 
general  make  an  unpleasant  noise  when  trotting, 
by  striking  the  shoe  of  the  hind  foot  against  the 
shoe  of  the  fore  one :  and  though  they  are  in 
general  very  hardy,  and  capable  of  enduring 
much  fatigue,  and  of  living  on  but  little  food, 
yet  a  back  of  middling  length  is  better  by  far 
than  one  immoderately  short  or  long. 

The  back  should  be  nearly  straight ;  when  it 
is  curved  downwards,  the  horse  is  termed  "saddle- 
backed,"  and  though  he  is  very  easy  to  ride  and 
pleasant  in  his  pace,  yet  he  is  weak,  and  unable 
to  carry  a  great  weight.  Sometimes,  instead  of 
being  sunk,  the  spine  is  arched  upwards,  and  the 
horse  is  said  to  be  "  roach  backed."  He  is  the 
very  reverse  of  the  saddle-backed  horse  in  every 
respect. 

The  croup,  or  space  between  the  termination 
of  the  loins  and  the  root  of  the  tail,  should  he 
considerable,  and  in  a  horse  intended  for  quick 


THE  FORE  LEG.  II 

work,  it  should  run  more  in  a  horizontal  than  a 
perpendicular  direction.  In  the  Irish  horse,  this 
part  is  short,  and  instead  of  proceeding"  almost 
directly  backwards,  suddenly  droops,  and  though 
such  a  conformation  does  not  unfit  him  for  trot- 
ting, or  drawing,  or  even  leaping,  and  is  even 
an  advantage  for  an  upright  leap,  yet  he  cannot 
in  the  gallop  compete  with  the  English  horse, 
whose  croup  is  long,  and  very  little  inclined 
downwards. 

The  quarters  are  never  too  extensive  from  before 
backwards,  nor  deep  from  above  downward,  nor 
are  they  ever  too  much  spread  out  laterally.  A 
great  deal  is  done  by  the  hind  legs,  and  the 
quarters  should  in  every  case  be  as  expanded 
and  well  furnished  with  muscles  as  possible. 
When  the  haunch  bone  projects  more  than  usual, 
the  horse  is  said  to  be  "  ragged  hipped,"  and  is 
commonly  objected  to  for  it.  But  as  this  bone, 
by  spreading  well  out,  affords  plenty  of  room 
for  the  attachment  of  muscles,  it  cannot  be  said 
to  be  a  fault.  When  it  appears  so,  the  loins  are 
the  seat  of  that  fault.     They  are  too  narrow. 

The  Fore  Leg. 
In  the  saddle  horse,  and  where  safety  is  desir- 


12 


THE  FORE  LEG. 


able,  the  position  of  the  fore  leg  is  worthy  of 
attention.  It  should  be  placed  well  forward,  and 
descend  perpendicularly  to  the  ground,  the  toe 
being  nearly  in  a  line  with  the  point  of  the 
shoulder.  The  pasterns  should  neither  be  turned 
in  nor  out.  When  they  are  turned  inwards,  the 
horse  is  in  general  very  liable  to  cut  the  fetlock 
joint  by  striking  the  opposite  foot  against  it. 
The  draught  horse  may  be  excused,  though  he 
leans  a  little  over  his  fore  legs,  but  the  saddle 
horse  will  be  apt  to  stumble  if  he  does  so. 

The  shoulder  should,  like  the  hind  quarter,  be 
extensive,  well  covered  with  muscle,  and  in  the 
saddle  horse,  where  rapid  and  extensive  action 
is  required,  it  should  slant  from  the  withers  to 
the  breast.  The  neck  should  join  the  shoulder 
in  such  a  manner  as  to  seem  to  run  into  it.  But 
the  draught  horse's  shoulder  should  be,  and  usually 
is,  more  upright,  that  the  collar  may  sit  well  upon 
it.  The  setting  on  of  the  neck  is  more  distinct 
in  the  draught  than  in  the  saddle  horse,  the 
shoulder  bone  being  more  upright ;  and  the  mus- 
cles taking  a  diflFerent  direction  make  the  shoulder 
swell  out  abruptly,  and  form  a  seat  upon  which 
the  collar  conveniently  rests. 

The  elbow  should  be  wide  from  before  back- 


THE  FORE  LEG.  13 

wards — the  space  between  it  and  the  knee  rather 
long",  and  well  supplied  with  muscles — the  knee 
should  be  broad  from  before  backwards,  and 
straight :  when  it  is  bent  forward,  the  horse  is  said 
to  be  "  bent  before,"  and  it  is,  in  general,  a 
symptom  that  he  has  endured  some  hard  work, 
and  his  sure-footedness  cannot  be  depended  upon. 
When  the  knee  is  bent  backwards,  it  is  called  a 
"  calf  knee,"  and  though  it  is  an  ugly  fault,  I  am 
not  aware  that  it  is  any  thing  more,  although  it 
is  possible  there  may  be  a  little  loss  of  power  in 
the  muscles  that  bend  it.  Below  the  knee  the 
leg  should  be  fine,  and  flat  in  back  and  front, 
and  broad  from  before  backwards.  The  back 
tendons  should  stand  equally  well  out  from  the 
knee  to  the  fetlock. 

The  pasterns  in  the  very  heavy  draught  horse, 
are,  in  general,  short  and  nearly  upright :  and  it 
is  necessary  that  they  should  be  so,  in  order  to 
uphold  his  huge  frame;  but  in  the  racer,  they 
are  long  and  slanting,  in  order  that,  by  giving 
way  at  every  step  of  the  animal,  the  shock  ac- 
companying rapid  motion  may  be  destroyed. 
The  purchaser  must,  therefore,  look  for  a  horse, 
whose  pasterns  have  the  proper  degree  of  obli- 
quity for  the  purpose  the  horse  is  to  be  used  for. 


14  THE  HIND  LEO. 

If  the  pastern  be  too  long,  the  leg  is  very  liable 
to  strain,  and  even  the  horse  to  break  down 
when  urged  to  the  top  of  his  speed.  If  it  be  too 
upright,  the  action  of  the  horse  is  stilly,  and  very- 
unpleasant  to  the  rider.  And  besides  that,  such 
horses  are,  from  the  concussion  they  are  liable 
to,  very  subject  to  diseases  of  the  bones  below 
the  knee,  such  as  ring  bones,  splints,  &c. 

The  foot  should  be  as  nearly  round  as  possible, 
smooth,  and  displaying  no  signs  of  brittleness  by 
pieces  being  broken  and  chipped  off  by  the  nails  ; 
the  sole  should  be  bat  moderately  concave ; 
when  flat,  it  is  objectionable,  and  particularly 
so  in  the  heavy,  high  actioned  horse,  for  there  is 
then  a  probability,  of  its  becoming  convex. 


The  Hind  Leg. 

I  have  already  spoken  of  the  quarter.  The 
part  between  the  stifle  and  hock  joint,  commonly 
called  the  thigh,  should  be  long,  and,  above  all, 
supplied  with  abundance  of  muscle. 

he  hock  should  be  broad  from  before  back- 
wards, because  when  it  is  so,  it  shows  that  a  lever 
(the  point  of  the  hock)  is  long,  and,  consequently, 


THE  HIND  LEG.  35 

the  muscles  that  act  upon  it  will  have  more  power 
to  extend  the  leg.  And  as  it  is  by  the  extension 
of  the  leg"  that  the  animal  is  projected  in  the 
gallop  and  leap,  it  is  of  importance  that  the  hock 
be  broad,  and  the  point  projecting  backward,  in 
the  horse  wanted  for  quick  work.  The  hock 
should  likewise  in  the  same  animal  be  well  bent 
under  him.  When  the  hocks  lean  towards  each 
other,  the  horse  is  said  to  be  "  cat  hammed,"  or 
"  cow  hocked."  It  is  most  common  in  ponies  ; 
but  setting  aside  its  ugliness,  it  is  not  a  serious 
defect :  indeed  it  is  commonly  thought  to  make 
the  animal  a  good  trotter.  It  is  certain,  that  a 
hock  bent  outwards  is  more  objectionable,  for  the 
weight  of  the  carcase  is  then  like  a  person  placed 
between  two  stools.  Below  the  hock,  the  back 
tendons  and  the  pasterns  should  be  the  same  as 
in  the  fore  leg. 

Short  as  this  account  of  the  conformation  of 
the  horse  is,  it  might  have  been  still  shorter,  for 
it  is  a  fact,  that  the  existence  of  one  good  point 
is  in  general  sufficient  to  ensure  the  possession  or 
another  or  others.  A  good  shoulder,  for  instance, 
rarely  goes  without  good  withers,  a  deep  chest, 
and  a  well-turned  fore  leg :  but  as  it  sometimes 
does,  I  have  briefly  particularized  all  that  is  com- 


16  SOUNDNESS. 

nionly  deemed  most  essential  in  the  formation  of 
a  good  useful  horse.  I  must  now  proceed  to 
speak  of  the  proper  method  of  examining  him 
for  disease.  But  first,  a  few  words  on  the  nature 
of  soundness,  unsoundness,  and  the  laws  relating 
to  warranty. 


Soundness. 

At  first  view  it  seems  easy  enough  to  define  a 
sound  horse.  It  may  be  said  that  a  horse  is 
sound,  when  every  part  of  him  is  in  perfect 
health :  but,  upon  further  consideration,  it  will 
appear,  that  such  a  definition  would  be  of  little 
or  no  practical  utility;  for  scarcely  a  seven  year 
old  in  the  kingdom  could  be  fairly  said  to  answer 
to  it.  The  most  trifling  splent,  or  even  a  wart, 
no  matter  how  small,  or  where  placed,  are  devia- 
tions from  health,  and  would  make  a  horse  unfit  to 
be  warranted,  if  such  a  definition  of  the  term  sound 
were  to  be  adopted.  It  must  therefore  be  quali- 
fied in  order  to  be  useful,  and  that  the  buyer  and 
seller  may  be  placed  upon  something  like  an 
equal  footing.  This,  however,  is  not  so  easily 
done,  for  a  horse  is  liable  to  several  trifling  dis- 


SOUNDNESS.  17 

eases,  which  do  not  in  the  least  incapacitate  hira  ; 
and  yet  it  is  difficult,  I  think  I  may  almost  say  '» 
impossible,  to  define  soundness  in  such  a  way  as| 
to  admit  those,  without,  at  the  same  time,  ad-l 
mitting  others  of  greater  consequence :  and,  on '_ 
the  other  hand,  it  is  as  difficult  to  define  unsound- 
ness, so  as  to  embrace  all  those  diseases  or  faults 
which  deteriorate  the  animal,  without  likewise 
including  many  that  do  not.  Under  such  circum- 
stances, a  middle  course  is  the  most  advisable, 
and  though  there  must  be  some  outstanding 
points,  yet  they  are  so  seldom  met  with,  that 
they  may  be  left  to  the  decision  of  the  lawyer  or 
the  veterinary  surgeon,  according  to  circum- 
stances. It  is  evident,  however,  that  natural 
defects  in  the  conformation,  temper,  or  action  of 
the  animal  must  not  be  considered  as  unsound- 
nesses. There  is  difi^erence  of  opinion  and  strife 
enough  in  horse-dealing  already,  and  to  intro- 
duce the  doctrine,  that  a  natural  defect  is  an 
unsoundness,  would  not  diminish  it.  Nothing 
but  the  existence  of  disease  of  one  kind  or  an- 
other can  in  justice  be  so  considered.  I  think  the 
definition  most  likely  to  be  generally  useful,  and 
most  impartial  to  both  buyer  and  seller,  is  this : 
—A  horse  is  sound,  when  there  is  no  disease 


18  SOUNDNESS. 

about  any  part  of  him,  that  renders,  or  is  likely 
in  future  to  render  him,  less  useful  than  he  would 
be  without  it.  And,  of  course,  «'t  horse  must  be 
unsound,  when  he  has  any  disease  about  him, 
that  renders,  or  is  likely  in  future  to  render  him, 
less  useful  than  he  would  be  without  it. 

Before  I  proceed  further,  perhaps  I  had  better 
explain  what  the  word  disease  means ;  lest  it 
prove  as  great  a  puzzler  as  unsoundness  itself. 
It  may  be  shortly  stated  to  mean  deviation  from 
the  healthy  structure,  or  function,  or  both,  of  a 
part  or  the  whole  of  the  frame.  Every  part  of 
an  animal  has  a  texture  or  structure  peculiar  to 
itself  in  health,  and  every  part  has  its  duty  or 
function  to  perform ;  and  every  part  is  subject 
to  alteration  in  structure,  and  interruption  in 
function  :  and  thus  we  have  two  kinds  of  disease. 
An  example  will  illustrate  this.  It  is  the  duty 
of  the  liver  to  make  bile,  to  answer  a  certain 
purpose  in  the  animal  economy :  but  if  the  bile 
is  made  so  deficient  in  quantity  or  quality  as  not 
to  serve  that  purpose,  then  we  say  there  is  a 
functional  disease  of  the  liver.  Again,  if  the 
liver  be  altered  in  bulk,  or  hardened  or  softened, 
or  in  any  other  way  deviates  from  its  natural 
and  healthy  texture,  then  we  say  there  is  organic 


SOUNDNESS.  19 

disease  of  the  liver.  Every  part  of  the  body  is 
liable  to  these  two  kinds  of  disease,  and  either 
may  exist  separately  or  combined  in  the  same 
part.  It  is  their  union  in  an  important  part,  that 
in  general  makes  a  horse  unsound.  Some  veter- 
inarians therefore  say,  that  "  alterations  of  struc- 
ture, attended  with  interruption  or  impairment 
in  function,  constitute  unsoundness."  But  I  do 
not  adopt  such  a  definition,  because,  in  my  opin- 
ion, it  is  not  sufficiently  comprehensive  on  the 
one  hand,  and  is  too  much  so  on  the  other.  Of 
course,  it  excludes  those  diseases  where  altered 
function  is  not  combined  with  altered  texture, 
and  hence  several  undoubted  unsoundnesses  are 
out  of  its  reach,  such  as  glass  eyes,  partial  palsy, 
crib-biting,  &c.,  where  there  is  no  perceptible 
alteration  in  structure ;  and  even  mange,  and 
some  stages  of  glanders  are  not  comprehended 
in  it,  because,  though  there  may  be,  and  generally 
is,  alteration  of  structure  united  with  impairment 
in  function,  yet  a  slight  alteration  in  the  function 
of  the  part  where  the  disease  is  seated,  does  not 
in  every  case  interfere  with  the  horse's  capability 
for  work.  Still  these  diseases  constitute  un- 
soundness :  the  one  will  sooner  or  later  destroy 
the  animal,  while  there  is  little  chance  of  the 


20  SOUNDNESS. 

Other  being  cured,  without  the  owner's  losing 
some  of  the  horse's  service.  A  mangy  horse 
cannot  be  used  upon  every  occasion :  his  owner 
cannot  with  decency  ride  him  in  the  field,  neither 
can  he  harness  him  along  with  another  horse 
without  the  risk  of  infecting  him  likewise.  More 
might  be  said  against  this  definition,  and  much 
against  some  at  present  adopted  by  eminent 
veterinarians :  and,  indeed,  something  may  be 
urged  against  every  definition  of  unsoundness 
that  we  can  possibly  frame.  The  only  way  of 
proceeding,  is  to  use  that  which  a  majority  would 
decide  to  be  the  most  useful.  Intercourse  be- 
tween experienced  veterinarians  has,  till  within 
these  few  years,  been  exceedingly  limited,  and 
hence  advancement  has  not  been  so  rapid  as  it 
could  be  wished.  But  the  establishment  of  a 
useful  periodical  has  done  much,  and  will,  by  and 
by,  do  more.  In  the  mean  time,  I  think  it  is 
better,  in  defining  unsoundness,  to  use  disease, 
and  let  that  word  express  deviation  from  healthy 
structure,  or  function,  or  both,  of  any  part,  or 
the  whole  of  the  body.  Hoping  I  have  spoken 
sufiiciently  plain  on  this  head  to  be  understood 
by  non-professional  men  (for  I  wrote  only  for 
them,)  I  shall  now  proceed  to  the 


SALE  AND  WARRANTY,  21 


Laws  relating  to  Sale  and  Warranty. 

And  as  the  following  extract  from  the  "  Vete- 
rinarian," as  quoted  from  the  "  Law  Magazine" 
for  October,  1828,  comprises  all  that  I  can  say 
upon  the  subject,  I  shall  insert  it  as  it  stands. 

"  Lawsuits,  it  has  been  justly  remarked,  origi- 
nate less  frequently  in  the  positive  dishonesty 
and  bad  faith  of  the  litigants,  than  in  their  gross 
misconception  of  each  other's  rights  and  liabilities. 
We  therefore  conceive,  that  an  occasional  pur- 
chaser, would  often,  by  a  very  slight  acquaintance 
with  the  first  principles  of  the  law  of  sales  and 
warranties,  be  not  only  delivered  from  much 
anxiety  in  negotiating  this  awfully  delicate  bar- 
gain, but  he  also,  in  many  instances,  would  escape 
the  misery  of  being  driven  to  contend  for  his 
rights  in  the  dreaded  arena  of  a  court  of  justice. 
Our  observations  on  warranty  shall  be  preceded 
by  a  cursory  view  of  the  general  contract  of  sale 
itself,  in  the  course  of  which  we  shall  select  for 
our  more  particular  notice,  out  of  the  multitude 
of  rules  by  which  this  contract  is  more  or  less 
directly  governed,  a  few  that  are  marked  by  some 
degree  either  of  difficulty  or  peculiarity  in  their 


22  SALE  AND  WARRANTY. 

application  to  our  subject-matter,  and  a  few  others 
of  primary  importance,  though  not  similarly  dis- 
tinguished ;  being  compelled  to  a  selection  of 
some  sort,  by  the  obvious  impossibility  of  even 
alluding,  in  the  compass  of  a  few  pages,  to  a 
hundredth  part  of  the  incidents  which  ought  to 
be  treated  of  in  a  regular  dissertation  on  this 
subject. 

"  A  sale  is  defined  by  Blackstone  to  be  'a 
transmutation  of  property  from  one  man  to 
another,  in  consideration  of  some  price  or  recom- 
pense in  value.'  But  the  terms  of  this  definition, 
as  the  celebrated  commentator  immediately  sub- 
joins, are  evidently  too  comprehensive,  as  they 
embrace  the  case  of  an  exchange  as  well.  A 
transmutation  of  property  for  a  pecuniary  consi- 
deration, seems,  therefore,  to  be  the  proper  defi- 
nition of  a  sale.  It  is  a  transmutation  of  the 
right  oi property  in  goods,  let  it  be  remarked,  as 
contradistinguished  from  the  mere  right  of  pos- 
session. 

"  To  enable  society  to  enforce  the  obligations 
resulting  from  such  an  engagement,  some  satis- 
factory remarks  are  obviously  requisite,  of  the 
mutual  consent  of  the  contracting  parties  hav- 
ing existed  in  a  serious   and    deliberate  form. 


DELIVERY  AND  ACCEPTANCE.  23 

By  the  Statute  of  Frauds  it  is  enacted,  '  that  no 
contract  for  the  sale  of  any  goods,  wares,  or 
merchandize,  for  the  price  of  £10  or  upwards, 
shall  be  allowed  to  be  good,  except  the  buyer 
shall  accept  part  of  the  goods  so  sold,  and  actually 
receive  the  same,  or  give  something  in  earnest  to 
bind  the  bargain,  or  in  part  of  payment ;  or  that 
some  note,  or  memorandum,  in  writing,  of  the 
said  bargain,  be  made  and  signed  by  the  parties 
to  be  charged  by  such  contract,  or  their  agents 
thereunto  lawfully  authorized.' " 


In  regard  to  Delivery  and  Acceptance. 

"  It  is  necessary  to  observe,  that  a  manual 
transfer  or  actual  delivery  and  acceptance  is  not 
in  every  case  essential ;  for  the  law  will  often, 
from  certain  acts,  imply  a  delivery  to  satisfy  the 
statute.  In  the  case,  e.  g.,  where  the  plaintiff, 
who  kept  a  livery  stable  and  dealt  in  horses,  was 
in  treaty  with  the  defendant  for  the  sale  of  two 
horses,  and  the  defendant  offered  a  less  sum  than 
was  demanded,  but  at  length  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,  re- 


24  EARNEST. 

moved  them  out  of  his  sale  stable  into  another 
stable;  and  it  Avas  held  that  there  was  here  a 
sufl&cient  delivery  to  satisfy  the  statute.  The 
key  to  this  and  similar  cases,  seems  to  be,  that 
the  vender,  by  the  terms  of  the  bargain,  is  con- 
verted into  an  agent  for  the  vendee,  and  thus 
occupies  the  double  character  of  principal  during 
the  sale  and  servant  upon  its  completion.  It  is 
also  sufficient  evidence  of  a  delivery,  if  a  purcha- 
ser, with  the  privity  and  approbation  of  the  ven- 
der, exercises  any  act  of  ownership  over  the 
goods,  though  their  local  situation  remains 
unchanged ;  as  by  selling,  (or  even  showing  the 
animal  out  for  sale)  to  a  third  person,  or  marking 
the  animal  in  any  manner.  Delivery  to  a  ser- 
vant or  agent,  is  equivalent  to  a  delivery  to  the 
employer  himself. 

In  regard  to  Earnest. 
"  It  would  seem,  that  giving  a  piece  of  money, 
however  low  its  value,  (supposing  it  to  be  <  alto- 
gether parted  with,')  is  sufficient  to  bind  the  bar- 
gain. 

In  regard  to  any  signed  Note  or  Memorandum. 
"  It  may  be  useful  to  observe,  that,  although 


SIGNED  NOTE  OR  MEMORANDUM.  25 

the  names  of  both  parties  must  appear  upon  the 
face  of  the  memorandum,  or  at  least,  in  some 
writing  capable  of  being  connected  therewith  by 
sound  legal  inference,  yet  the  signature  of  the 
party  sought  to  be  charged,  or  of  his  agent  is 
sufficient;  and  this  term, signaturCy  be  it  observed, 
is  not  here  used  in  the  limited  sense  of  suhscrip' 
Hon,  so  as  to  require  the  party  to  sign  his  name 
at  the  end  of  the  instrument,  but  is  equally  appli- 
cable in  whatever  part  the  name  is  written. 
Whether  sales  by  public  auction  are  within  the 
Statute  of  Frauds  has  long  been  a  disputed  point, 
the  later  opinion  is  in  favour  of  their  being  so  ; 
and  it  therefore  becomes  necessary  to  mention 
here,  that  the  auctioneer,  is,  in  such  sales,  the 
agent  of  both  parties. 

"  Upon  the  regular  completion  of  the  sale,  the 
property  in  the  article  is  transferred  to,  and  ab- 
solutely vested  in  the  vendee;  and  the  purchaser, 
thenceforward,  stands  by  all  risks,  and  is  the  sole 
sufferer  from  any  injury  which  may  happen  to 
the  animal,  otherwise  than  through  the  negligence 
of  the  vender.  As  in  the  example  given  by 
Blackstone:  If  A  sells  a  horse  to  B  for  £10, 
and  B  pays  him  earnest,  or  signs  a  note  in  writ- 
ing of  the  bargain,  and  afterwards,  before  the 


Sft-  WARRANTY. 

delivery  of  the  horse  or  money  paid,  the  horse 
dies  in  the  vender's  custody,  still  he  is  entitled  to 
the  money,  because  by  the  contract  the  property 
is  in  the  vendee. 

But,  although  the  right  oi  property  is  thus  ab- 
solutely transferred  by  the  contract,  yet,  unless 
payment  be  expressly  postponed  to  a  future  day, 
the  buyer  will  not  be  entitled  to  possession^  with- 
out tendering  the  stipulated  price.* 

Warranty, 
"  We  now  come  to  the  important  doctrine  of 
Warranty^  which  is  thus  summed  up  by  Lord 

*  The  principles  of  the  Law  of  Scotland,  in  regard  to  the 
constitution  of  the  contract  of  sale,  differ  considerably  from 
those  of  the  Law  of  England,  as  stated  in  the  preceding 
paragraphs.  There  is  no  statutory  enactment  in  Scotland 
similar  to  the  statute  of  fraud  in  England,  and  matters  are 
left  to  be  ruled  by  the  common  law,  according  to  which,  the 
contract  or  hargain  is  fully  completed  so  as  to  prevent  resil- 
ing, without  either  earnest,  delivery,  or  note  of  sale.  But 
although  a  simple  verbal  bargain  is  thus  binding  on  the 
parties,  so  that  neither  can  draw  back,  the  other  being  will- 
ing and  able  to  perform  his  part,  the  property  of  the  thing 
sold  is  not  passed  without  delivery,  contrary  to  the  English 
rule,  which  holds  the  property  to  have  passed  immediately 
on  the  bargain  being  completed.  The  practical  result,  how- 
ever, of  the  two  laws,  as  to  this  last-mentioned  particular,  is 
nearly  the  same,  as  the  rules  in  England  as  to  the  right  to 
obtain  possession,  place  matters  on  almost  the  same  footing 
as  the  principle  of  the  Law  of  Scotland  as  to  the  property 
not  being  passed  till  delivery. 


WARRANTY.  27 

Coke.  '  By  the  civil  law,  every  person  is  bound 
to  warrant  the  thing  that  he  sells  or  conveys, 
although  there  is  no  express  warranty  ;  but  the 
common  law  binds  him  not,  unless  there  be  a 
warranty  either  in  deed  or  in  law,  for  caveat 
emptor ;  the  meaning  of  which  Latin  expression 
is,  that  the  buyer  takes  the  article  sold,  with  all 
its  defects,  and  must  not  look  to  the  law  for  any 
redress,  if  its  intrinsic  worth  do  not  correspond 
with  its  outward  appearance.  It  cautions  the 
buyer,  therefore,  according  to  the  Italian  proverb, 
that  he  has  need  of  a  hundred  eyes,  but  the  sel- 
ler of  only  one.'  " 

'•  By  the  law  of  England,  warranties  are 
divided  into  express  or  implied ;  the  latter,  how- 
ever, differ  in  no  respect  from  the  former,  except 
in  the  circumstance  of  proof.  The  intention  to 
warrant,  is  collected  from  the  whole  tissue  of 
circumstances  proved,  and  as  a  legitimate  deduc- 
tion from  them,  like  the  presumption  of  any  other 
part  not  established  by  direct  evidence:  while 
the  express  warranty  is  proved  by  direct  and 
express  testimony  to  the  fact  itself.  To  give  a 
single  instance :  In  Jones  v.  Bowden,  it  was 
proved  to  be  the  uniform  course  and  habit  of 
dealing  in  a  particular  place,  if  the  article  were 


28  WARRANTY. 

sea- dam  aged,  to  state  that  fact  on  the  sale  of  it; 
a  sale  was  made  without  any  such  statment,  and 
it  was  therefore  held  that  the  article  was  war- 
ranted not  sea-damaged.  This  was  an  implied 
warranty."* 

"  A  warranty  can  only  exist  as  a  term  and 
condition  of  the  contract  of  sale,  into  the  very 
essence  of  which  it  so  completely  enters,  that  a 
breach  of  it  entitles  the  buyer  to  treat,  if  he 
pleases,  the  whole  contract  as  a  nullity.  It  con- 
stitutes part  of  the  inducement  or  consideration 
for  the  purchase.  It  follows  that,  for  a  warranty 
to  be  valid,  it  must  exist  or  be  made  at  the  time 
of  the  sale ;  or  at  least,  that,  being  agreed  to  be 
made  before,   there   should   be   an   understood 

*  In  Scotland,  warranty,  or  warrandice  as  it  is  termed  in 
Scotch  law  phraseology,  is  always  implied  in  the  contract  of 
sale,  (unless,  perhaps,  excluded  by  the  special  practice  of 
particular  trades,)  and  therefore  if  the  seller  intend  not  to 
wari'ant,  this  must  be  expressly  stipulated  in  the  contract. 
The  wari-andice  thus  implied  in  all  contracts  of  sale  extends 
not  only  to  the  soundness  of  the  animal  sold,  and  its  being  free 
from  vice,  but  also  to  its  fitness  for  the  special  pui'poses  for 
which  it  has  been  sold,  when  that  purpose  has  been  specified 
in  the  bargain  ;  and,  if  two  horses  have  been  sold  as  a  pair, 
even  although  not  for  running  together  in  harness,  if  one 
of  them  should  prove  unsound  or  unfit,  so  as  to  authorize 
his  being  returned,  the  purchaser  will  be  entitled  to  return 
both. 


WARRANTY.  29 

reference  at  the  actual  sale  to  that  agreement. 
As  for  instance,  if,  previous  to  the  time  of  sale, 
the  vender  says  he  ivill  warrant  the  goods,  and 
having  named  his  price,  gives  the  vendee  two 
or  three  days  to  consider  of  it,  and  the  vender 
then  agrees  to  purchase,  the  warranty,  though 
only  made  hypothetically,  is  tacitly  incorporated 
into  the  terms  of  the  sale,  and  is  a  valid  warranty. 

"  But  a  warranty  made  after  the  completion 
of  the  sale  is  of  no  value  whatever,  being  with- 
out any  consideration. 

"  From  these  premises  also,  coupled  with  the 
rule,  that  where  a  contract  is  reduced  to  writing, 
the  writing  is  the  sole  legitimate  evidence  to 
prove  its  terms,  we  may  further  deduce,  that  an 
oral  warranty  made  previously  to  a  sale  by 
written  contract,  but  not  inserted  in  the  instru- 
ment, will  not  be  valid.  Thus  in  Pickering  v. 
Dowson,  Gibbs,  C.  J.,  says,  '  I  hold  that  if  a  man 
brings  me  a  horse,  and  makes  any  representation 
whatever  of  his  quality  and  soundness,  and  after- 
wards we  agree  in  writing  for  the  purchase  of 
the  horse,  that  shortens  and  corrects  the  repre- 
sentations ;  and  whatever  terms  are  not  contained 
in  the  contract  do  not  bind  the  seller,  and  must 
be  struck  out  of  the  case.'  " 


30  WARRANTY. 

"  It  is  also  a  rule  of  law,  that  where  a  com- 
mission is  given  to  execute  any  work,  every 
power  necessary  to  carry  it  on  will  be  implied. 
A  servant,  therefore,  employed  to  sell  a  horse, 
has  an  implied  authority  to  warrant  that  it  is 
sound ;  and  in  the  case  of  a  general  agent — for 
example,  the  servant  of  a  livery-stable  keeper — 
this  warranty  will  bind  the  master  though  made 
contrary  to  his  express  directions ;  and  in  every 
case,  the  warranty  of  a  servant  or  agent,  so 
intrusted  to  sell,  will  bind  the  principal,  if  he  do 
not  expressly  prohibit  it  being  made. 

"  With  respect  to  what  declarations  of  the 
seUer  will  amount  to  a  warranty,  the  primary 
rule  for  the  interpretation  of  contracts  in  general 
is  applicable.  It  depends  upon  the  intention  of 
the  parties. 

"  Thus  a  simple  affirmation  of  the  goodness 
of  an  article  is  a  warranty,  provided  it  appear  to 
have  been  so  intended;  whereas  the  sublimest 
epithets  that  seller  ever  employed  to  recommend 
his  goods  to  a  credulous  buyer,  will  be  regarded 
as  the  idle  phraseology  of  the  market,  unless  an 
intention  to  warrant  actually  appear.  For  exam- 
ple, when  the  vender  declared  at  the  time  of 
sale,  that  he  could  warrant,  it  was  held  to  mean 


WARRANTY.  31 

that  he  would  and  did  warrant.  So  when  the 
seller  aflSrms  that  the  goods  are  his  property,  he 
is  held  to  warrant  the  title.  And,  on  the  other 
hand,  when  at  the  time  of  sale  the  seller  showed 
the  huyer  a  written  pedigree,  which  he  had 
received  from  the  person  of  whom  he  bought  the 
horse,  and  said  he  sold  him  according  to  that 
pedigree,  the  mark  being  out  of  his  mouth  when 
he  bought  him,  and  the  pedigree  was  proved  to 
be  false ;  it  was  held  that  this  was  no  warranty. 
No  general  rule,  therefore,  can  be  laid  down  on 
the  present  head,  further  than  this — that  it  is 
from  the  intention  of  the  parties,  as  collected  from 
the  whole  transaction,  and  from  the  meaning 
they  appear  to  afford  to  particular  expressions, 
that  the  existence  or  non-existence  of  a  warranty 
is  to  be  inferred. 

"  But  the  most  important  part  of  our  investi- 
gation relates  to  the  extent  of  the  warranty.  We 
must  here  observe,  in  the  first  place,  that  although 
a  warranty  may  be  made  to  extend  to  temper, 
freedom  from  blemish,  age,  aptitude  for  parti- 
cular work,  and  many  other  similar  qualities,  as 
well  as  to  soundness ;  yet  unless  expressly  so 
extended,  it  will  be  construed  to  apply  to  sound- 
ness alone.     Thus,  when  an  ambiguity  arose  from 


32  WARRANTY. 

the  insular  position  of  the  word  *  warranted'  in 
the  following  notice:  '  To  be  sold,  a  black  geld- 
ing, five  years  old ;  has  been  constantly  driven 
in  the  plough — warranted,'  the  warranty  was 
held  to  apply  to  soundness  alone. 

"  Unsoundness  is  a  term  the  exact  limits  of 
which  are  not  very  clearly  defined.  According 
to  Lord  Ellenborough,  any  infirmity  which 
renders  a  horse  less  fit  for  present  use  or  con- 
venience, is  an  unsoundness.  This  doctrine  was 
laid  down  by  his  lordship  in  a  case  which  turned 
upon  an  alleged  lameness,  and  wherein  it  was 
admitted  by  a  witness  for  the  defendant,  that  one 
of  the  fore  legs  had  been  bandaged,  because  it 
was  weaker  than  the  other  :  upon  this  admission, 
the  verdict  in  favour  of  the  plaintiff  seems  to 
have  been  founded  :  and  it  was  then  observed  by 
the  court  to  constitute  unsoundness,  it  is  not 
essential  that  the  infirmity  should  be  of  a  per» 
manent  nature ;  it  is  sufl&cient  if  it  render  the 
animal  for  the  time  unfit  for  service;  as  for  instance, 
a  cough,  which  renders  it  for  the  time  less  use- 
ful, and  may  ultimately  prove  fatal.  Now  this 
decision  appears  to  contradict  a  prior  one,  in 
which  Eyre,  C.  J.,  held,  that  a  slight  lameness 
occasioned  by  the  horse  having  taken  up  a  nail 


WARRANTY.  33 

at  the  farrier's  was  not  an  unsoundness.  This 
learned  judge,  in  his  observations  to  his  jury, 
remarks — '  a  horse  labouring  under  a  temporary- 
injury  or  hurt,  which  is  capable  of  being  speedily 
cured  or  removed,  is  not  for  that  an  unsound 
horse  within  the  meaning  of  the  warranty.'  If 
these  decisions  are  not  to  be  regarded  as  con- 
flicting, one  deduction  ought  possibly  to  be,  that 
such  slight  injuries  as  proceed  from  external 
causes,  and  are  with  moral  certainty  to  be 
speedily  and  effectually  cured,  do  not  fall  under 
the  head  of  infirmities,  which  term  properly  com- 
prehends such  diseases  only  as  may  without  much 
improbability  hang  by  the  animal  through  life, 
while  they  impair  his  present  usefulness. 

"  Crib-biting,  in  its  incipient  state,  has  been 
held  to  be  no  unsoundness ;  but,  when  inveterate, 
(and  interfering  with  the  health  of  the  animal,} 
it  then  falls  within  the  meaning  of  the  term. 

*'  It  is  commonly  asserted  that  a  warranty 
will  not  bind  when  it  is  obviously  false  ;  the 
instance  given  being  that  of  a  horse  warranted 
sound,  when  it  is  apparent  that  he  is  blind ;  and 
for  this  doctrine,  the  venerable  argument,  which 
makes  so  conspicuous  a  figure  in  legal  logic,  is 
usually  urged — for  that  it  is  his  own  folly.     For 


34  WARRANTY. 

that  it  is  the  other's  roguery ^  might,  we  think,  be 
an  argument  of  greater  cogency  the  other  way, 
unless  knaves  in  this  country  are  to  be  regarded 
with  peculiar  favour,  like  idiots  in  Turkey;  but 
we  apprehend  that  this  rule,  if  any  such  indeed 
exist,  is  one  of  presumption  only,  it  being  inferred 
that  both  parties  meant  to  exclude  the  particular 
defect  from  the  warranty.  The  case  of  Shillitoe 
V.  Claridge,  however,  goes  far  towards  disproving 
the  existence  of  such  a  rule.* 

"  Let  us  now  consider  how  the  rights  of  the 
parties  are  affected  by  the  horse  being  unsound 

"  Shillitce  V.  Claridge,  -where  the  horse  had  a  cough  at 
the  time  of  the  sale,  it  appeared  that  he  had  been  bled  for  it 
before  he  was  sold,  and  there  was  no  evidence  of  any  mis- 
management by  the  buyer ;  and  it  appeared  he  was  told  that 
the  horse  had  a  cough,  and  was  used  only  to  the  road,  and 
that  he  had  sent  him  to  the  hunt.  Lord  EUenborough  :  '  If 
it  had  the  cough,  and  it  was  of  a  permanent  nature,  I  have 
always  held  that  it  was  a  breach  of  the  warranty ;  and  such 
has,  I  believe,  been  the  understanding  both  in  the  profession 
and  amongst  veterinary  surgeons.  On  that  understanding 
I  have  always  acted,  and  think  it  quite  right.  Knowledge 
makes  no  difference.  There  was  a  case  before  Mr.  J.  Law- 
rence in  which  it  was  held,  and  it  was  there  said,  that  the 
plaintiff  might  rely  upon  the  warranty  only,  and  not  choose 
to  trust  to  his  own  knowledge.  I  have  ahvays  understood 
that  a  cough  is  an  unsoundness  ;  the  horse  then  was  unsound 
when  he  was  bought,  and  there  was  no  proof  of  any  discon- 
tinuance of  that  unsoundness,  or  that  he  would  have  got 
j^rell  if  be  had  not  been  hunted.'  " 


WARRANTY.  35 

at  th6  time  of  warranty.  The  contract  being 
thus  broken  on  the  part  of  the  seller,  it  is  at  the 
buyer's  option  either  to  treat  it  as  a  nullity,  and 
return  the  horse,  or  to  retain  him  notwithstand- 
ing", and  bring  an  action  on  the  warranty.*  In 
the  former  case,  the  price  paid  is  the  measure  of 
damages,  which  he  will  be  entitled  to  recover  in 
an  action ;  in  the  latter,  the  difference  between 
that  price  and  his  real  value.  If  he  offer  to 
rescind  the  contract,  and  return  the  horse,  he 
may  also  recover  the  expenses  of  his  keep ;  but 
in  order  to  this,  a  positive  tender  is  said  to  be 
necessary.f  No  notice  of  the  unsoundness  need 
be  given  to  the  vender  to  entitle  the  vendee  to 
maintain  the  action ;  nor  is  it  necessary  to  bring 

*  In  Scotland  the  purchaser  cannot  retain  the  horse 
and  hring  an  action  to  I'ecover  the  difference  between  the 
price  and  the  real  value.  He  must  either  keep  him  at  the 
price  at  which  he  has  bought  him,  or  return  him  on  getting 
repayment,  and  if  he  have  further  suffered  direct  damage 
from  the  unsoundness,  &c.,  of  the  horse,  he  will  also  have 
an  action,  of  damages  for  reparation. 

f  As  in  the  case  of  Caswell  v.  Coare,  "  where  upon  breach 
of  the  warranty  proved,  but  no  tender  made  of  returning  the 
horse,  it  was  objected  that  plaintiff  could  recover  nothing 
for  the  keep.  Lord  Mansfield  :  '  The  contract  being  broken, 
the  defendant  must  give  back  the  money,  and  the  plaintiff 
must  return  the  horse ;  but  unless  he  has  previously  ten- 
dered him,  he  cannot  recover  for  the  keep,  because  it  was 
not  the  defendant's  fault  that  the  plaintiff  kept  him.'  '* 


36  WARRANTY. 

the  action  immediately  on  discovering  the  un- 
soundness."* 

*  As  in  the  case  of  Fielder  v.  Starkin,  where  an  action 
was  brought  "  on  the  warranty  of  a  mare,  *  that  she  was 
sound,  quiet,  and  free  from  vice  and  blemish.'  Soon  after 
the  sale,  the  plaintiff  discovered  that  she  was  unsound  and 
vicious;  viz.,  a  roarer,  had  a  thorough  pin  through  the  hack, 
and  had  a  swelled  hock  from  kicking ;  but  kept  her  three 
months,  and  gave  her  physic,  and  used  other  means  to  cure 
her ;  at  ^'^'hich  time  he  sold  her,  but  had  her  soon  after  re- 
turned as  unsound,  when  he  returned  her  to  the  defendant 
as  unsound,  who  refused  to  receive  her.  On  her  way  back 
she  died ;  and  upon  being  examined,  it  was  the  opinion  of 
the  farriers  that  she  had  been  unsound  a  full  twelvemonth 
before  her  death ;  but  it  did  not  appear  that  the  plaintiff  had 
ever  in  the  interval,  though  in  the  defendant's  company, 
complained  of  the  mare  being  imsound.  Lord  Loughbor- 
ough : — '  Where  there  is  an  express  warranty,  the  warran- 
ter undertakes  that  it  is  true  at  the  time  of  making  it.  If  a 
horse  which  is  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  necessary  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  complained  of,  and  will  make  the  proof  on  his 
part  much  more  difficult.  The  bargain  is  complete  ;  and  if 
fraudulent  on  the  part  of  the  seller,  he  wUl  be  liable  to  the 
buyer  in  damages,  without  either  a  return  or  notice.  If,  on 
account  of  a  horse  warranted  sound,  the  buyer  should  sell 
him  again  at  a  loss,  an  action  might  perhaps  be  sustained 
against  the  orignal  seller,  to  recover  the  difference  of  the 
price.  In  the  present  case,  it  appears,  from  the  evidence  oi 
the  farriers  who  saw  the  mare  opened,  that  she  must  have 


WARRANTY.  37 

"  But  although  such  notice  be  not  essential, 
yet  it  is  always  advisable  to  be  given,  as  the 
omitting  to  do  so  will  furnish  at  the  trial  a  strong 
presumption  that  the  horse,  at  the  time  of  sale, 
was  free  from  the  defect  complained  of,  thus 
rendering  the  proof  of  a  breach  of  warranty  more 
difficult.  Common  justice  and  honesty,  it  has 
been  remarked,  require  that  the  commodity 
should  be  returned  at  the  earliest  period,  and 
before  it  has  been  so  changed  by  lapse  of  time, 
as  to  make  it  impossible  to  ascertain,  by  proper 
tests,  what  were  its  original  qualities.* 


been  unsound  at  the  time  of  the  sale  to  the  plaintiiF." 
Plaintiff  recovered  the  full  price. 

The  principle  of  the  Law  of  Scotland  is  very  different 
from  this ;  a  purchaser  is  bound  so  soon  as  he  discovers  a 
defect,  to  give  notice  to  the  seller,  and  offer  to  return  him, 
and  if  he  neglect  this,  he  will  be  held  to  have  acquiesced, 
and  win  be  barred  from  afterwards  throwing  him  back  on 
the  seller.  The  exact  time  after  coming  to  the  knowledge 
of  the  defect,  within  which  the  purchaser  must  offer  to  re- 
turn, has  never  been  precisely  fixed,  but  there  must  be  no 
undue  delay,  and  the  sooner  a  purchaser  gives  notice  the 
better. 

*  As  in  the  case  of  Curtis  v.  Hannay,  "  where,  after  the 
sale  of  a  horse  warranted,  the  purchaser  was  informed  of  a 
defect  in  the  eyes  ;  but  he  kept  him  for  nearly  seven  weeks, 
in  which  time,  suspecting  the  horse  to  have  some  defect  in 
his  feet,  he  had  applied  a  blister  and  other  medicines,  which 
D 


•38  WAKRANIY. 

To  entitle  the  buyer  to  the  benefit  of  the 
warranty,  he  must,  of  course,  strictly  fulfil  the 


produced  thrush  and  a  considerable  degree  of  lameness  ;  it 
was,  however,  only  temporary  ;  and  it  was  in  evidence,  that 
the  remedies  applied  to  the  feet  could  not  have  affected  the 
eyes.  Lord  Eldon  thought  the  matter  set  up  by  the  defen- 
dant no  answer  to  the  action.  <  The  question  was,  would 
the  horse,  when  retui'ned  to  the  seller,  be  diminished  in 
value  by  this  doctoring?  If  he  would,  he  thought  the  de- 
fendant should  pay  the  price,  and  bring  his  action  against 
the  seller  for  any  defect  in  the  warranty  existing  at  tne  time 
of  the  sale.  He  took  it  to  be  clear  law,  that  if  a  person  pur- 
chased a  horse  which  is  warranted,  and  it  afterwards  turns 
out  that  the  horse  was  unsound  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  recover  the  difference  between  the  value  of  a  sound  horse 
and  one  with  such  defects  as  existed  at  the  time  of  the  war- 
ranty, or  he  might  return  the  horse,  and  bring  an  action  to 
recover  the  full  money  paid ;  but  in  the  latter  case,  the  sel- 
ler had  a  right  to  expect  that  the  horse  should  be  returned 
in  the  same  state  he  was  in  when  sold,  and  not  by  any  means 
diminished  in  value  ;  for  if  a  person  keeps  a  warranted  arti- 
cle for  any  length  of  time  after  discovering  its  defects,  and 
when  he  returns  it,  it  is  in  a  worse  state  than  it  would  have 
been  if  returned  immediatelj^  after  such  discovery,  the  party 
can  have  no  defence  to  an  action  for  the  price  of  the  article, 
on  the  ground  of  non-compliance  with  the  warranty,  but 
must  be  left  to  his  action  on  the  warranty  to  recover  the  dif- 
ference in  the  value  of  the  article  warranted,  and  its  actual 
value  when  sold.'  His  Lordship  directed  to  find  for  the 
price  of  the  horse,  if  they  thought  that  by  such  blistering 
and  doctoring  the  animal  was  not  diminished  in  value  to  a 
future  purchaser  ;  and  they  found  accordingly." 


WAHRANTY.  39 

conditions  stipulated  to  be  performed  on  his 
part.  Thus  if,  as  is  frequently  the  case,  a  con- 
dition be  introduced  into  the  warranty,  that  the 
horse,  if  objected  to  as  unsound,  shall  be  returned 
within  a  limited  time,  no  action  can  be  main- 
tained for  the  unsoundness  without  the  strict 
performance  of  this  condition.  So  where  the 
warranty  was  qualified  by  the  vender  by  an 
undertaking  to  take  back  the  horse,  if,  on  trial, 
he  should  be  found  to  have  any  of  the  defects 
mentioned  in  the  warranty,  it  was  held,  that  the 
buyer  must  return  the  horse  immediately  on  the 
discovery  of  them.  When  the  contract  is  re- 
scinded by  the  buyer  on  account  of  the  warranty 
being  broken,  the  seller  has  a  right  to  require 
that  the  horse  shall  be  returned  in  as  good 
condition  as  he  was  when  the  defect  was  dis- 
covered ;  and  therefore,  if  the  animal  fall  into  a 
worse  state  subsequently  to  such  discovery,  the  buyer 
cannot  then  return  him,  but  must  rely  on  his  action 
to  recover  back  a  proportional  part  of  the  price. 

"  There  being  no  warranty,  but  the  pur- 
chaser having  been  imposed  upon,  and  entrapped 
into  a  losing  bargain  by  the  artifices  and  wilful 
misrepresentations  of  the  seller,  his  remedy  is 
an  action  for  the  deceit ;    to  support  which  he 


40  WARRANTY. 

mtist  prove  a  fraud  to  have  been  committed  by 
the  seller,  and  also  that  it  was  suck  as  might  well 
impose  upon  a  person  of  ordinary  circumspection  ; 
or,  in  other  words,  that  he  was  deceived  and 
misled  by  relying  upon  the  integrity  of  the  seller,  in 
a  point  where  he  might  reasonably  have  placed 
trust  and  confidence  in  him. 

'*  Any  wilful  misrepresentations  by  the  vender,  of 
the  qualities  of  the  commodity  to  be  sold,  whereby 
the  vendee  is  induced  to  purchase,  falls  within  the 
legal  idea  of  fraud,  and  will  vitiate  the  contract ; 
as  being  a  breach  of  that  good  faith  which  ought 
to  reign  throughout  every  commercial  transac- 
tion. This  may  be  called  fraud  in  words. 
Thus  if  A,  knowing  his  horse  to  be  broken- 
winded  or  lame,  induce  B  to  purchase,  by  an 
assurance  that  he  is  sound  in  wind  and  limb, 
then  although  A  may  have  expressly  refused 
to  warrant,  B  will  nevertheless  be  entitled  to 
recover  from  A  in  an  action  for  the  deceit.  It 
is  obvious,  however,  that  this  action  could  not  be 
here  maintained  upon  mere  proof  of  the  abstract 
falseness  of  the  representation  made  by  the 
seller ;  but  that  evidence  of  the  moral  falsehood 
is  requisite — the  seller's  knowledge  of  the  falsity, 
that  is  called,  in  technical  language,  the  scienter. 


WARRANTY. 


41 


And  herein  it  is,  principally,  that  this  action  is 
distinguished  from  actions  on  breach  of  warranty; 
for  the  warranty  extends  to  all  faults,  known  or 
unknown  to  the  seller. 

"  The  other  kind  of  fraud  may  be  termed 
fraud  in  deed;  and  we  shall  conclude  this  article 
by  producing  an  instance  which  may  serve  to 
exemplify  the  nature  of  those  acts  of  the  seller, 
which  would  fall  under  this  head,  '  I  remember,' 
says  Gibbs,  C.  J.,  '  the  case  of  the  sale  of  a 
house  in  South  Audley  Square,  where  the  seller, 
being  conscious  of  a  defect  in  the  main  wall, 
plastered  it  up,  and  papered  it  over ;  and  it  was 
held  that,  as  the  vender  had  expressly  concealed 
it,  the  purchaser  might  recover.'  To  extend 
this  principle  to  our  subject-matter : — it  is  con- 
ceived if  the  vender  were  to  deceive  the  pur- 
chaser, either  as  to  colour,  which  may  be  easily 
done  by  chemical  means,  or  as  to  age,  by  (to 
use  a  west-country  phrase)  bishopping  the  animal, 
he  would  be  liable  for  the  deceit,  although  no 
verbal  representations  had  been  made."* 

*  "  If  the  vendei"  knew  the  goods  to  be  unsound,  and  hath 
used  any  art  to  disguise  them,  or  if  they  are  in  any  shape 
different  from  what  he  represents  them  to  be  to  the  buyer, 
this  artifice  shall  be  equivalent  to  an  express  warranty,  and 
the  vender  is  answerable  for  theij-  goodness." — Blacksioiic' s 
Commentarit'S. 


42  WARRANTY. 

The  warranty  is  generally  included  in  the 
receipt  for  the  purchase  money,  and  should  run 
thus : 

"  Glasgow,  August  9d,  1833. 
Received  from   A.   B.  the   sum  of  thirty 
pounds  sterling  for  a  Bay  Gelding,  warranted 
Sound  and  free  from  Vice. 

£30.  C.  D." 

The  animal's  temper  and  abilities  may  also  be 
included,  if  the  purchaser  thinks  proper.  As 
'*  warranted  sound,  free  from  vice,  quiet  to  ride 
and  drive,  and  a  good  leaper."  Vice  should 
always  be  included,  for  a  vicious  horse  is  often 
a  worse  bargain  than  an  unsound  one.  And  as 
there  is  little  probability  of  vice  being  discovered 
by  the  purchaser  prior  to  sale,  unless  a  trial  be 
obtained  and  opportunity  afforded  of  displaying 
it,  it  is  so  much  the  more  necessary  that  it  should 
be  guarded  against  by  the  warranty. 

A  qualified  warranty  is  one,  in  which  the  horse 
is  warranted  sound,  with  the  exception  of  some- 
thing pointed  out  at  the  time  of  sale,  and  men- 
tioned in  the  warranty :  as  for  instance,  "  war- 
ranted sound,  excepting  some  tenderness  of  the 
off  fore  foot."  In  this  case,  the  horse  cannot 
be  returned,  though  the  lameness  should  turn 


WARRANTY.  43 

out  to  be  greater  than  the  purchaser  expected, 
unless  it  can  be  proved  that  the  seller  took  some 
means  to  hide  its  real  nature,  as  he  might,  and 
sometimes  does,  by  making  the  horse  tender  on 
the  sound  foot. 

With  regard  to  vice,  I  would  say  a  horse  is 
not  free  from  it,  when  he  has  any  thing  in  his 
temper  or  habits  that  makes  him  more  difficult 
to  manage,  either  in  the  stable  or  at  work,  than 
he  would  be  without  it:  and  consequently,  I 
consider  a  horse  warranted  free  from  vice, 
returnable,  if  he  turn  out  a  kicker,  biter,  rearer, 
dangerous  to  shoe  or  clean,  guilty  of  shying,  run- 
ning away,  or  of  being  dangerously  or  annoyingly 
restive  in  any  way.  It  is  not  always  easy,  how- 
ever, to  return  a  horse  for  any  of  these  faults, 
for,  even  though  he  may  have  been  warranted 
free  from  them,  it  is  very  difficult,  often  impossi- 
ble, to  prove  that  he  possessed  them  before  he 
changed  masters. 

The  purchaser,  after  selecting  an  animal, 
whose  height,  form,  age,  and  action,  are  most 
suitably  adapted  for  the  work,  will  next  proceed 
to  examine  him  for  diseases  that  do,  or  are 
likely  to,  make  him  less  serviceable. 

This  scrutinizing  process  will  be  much  sooner, 


44'  THE  HEAD  AND  NECK. 

much  better  and  more  completely  performed, 
by  proceeding  in  a  systematic  manner.  Very 
rarely  indeed  does  a  buyer  pursue  any  method 
in  examining  a  horse.  Even  the  majority  of 
dealers  do  nothing  but  look  at  the  foot,  back 
tendons,  teeth,  give  the  horse  a  punch  in  the 
ribs — and  all  is  over :  and  then  he  takes  upon 
him  to  warrant  the  horse  sound.  The  follow- 
ing Table  is  an  enumeration  of  the  parts  to  be 
examined,  and  the  diseases  most  frequently 
found  in  those  parts.  The  order  in  which  they 
stand,  is  that  in  which  I  regard  them  myself, 
when  examining  a  warranted  horse. 

I. —  The  Head  and  Neck. 

1.  The  Eyes,  for  Cataract,  Glass  eyes,  and 
specks. 

2.  The  Nostrils,  for  Glanders,  Tumours,  and 
cold. 

3.  The  Glands  between  the  branches  of  the 
lower  jaw,  for  Enlargement. 

4.  The  Throat,  for  mark  of  Crib-biting  stra]), 
and  the  tenderness  which  accompanies  cold. 

5.  The  Teeth,   for  the  Age,  and  marks    of 
Crib-biting. 

6.  The  Veins  of  the  Neck.     See  that  both 
are  entire 


TRUNK  AND  QUARTERS.  45 

II.  — The  Foreleg  and  Shoulder. 

1.  The  Seat  of  the  Collar,  for  tumours. 

2.  The  point  of  the  Elbow,  for  tumours. 

3.  The  Knee,  for  blemishes,  and  stiffness  of 
that  joint. 

4.  The  Shank,  for  Speedy  cut,  Splent,  and 
Strain. 

6.  The     Fetlock    Joint,     for    Enlargement, 
Windgalls,  Unnerving,  and  marks  of  Cutting. 
6.  The  Pastern  for  Ring  bone. 

III.-^  The  Foot  for 

1.  Sidebones, 

2.  Sand  crack, 

3.  Contraction, 

4.  Thrush, 

5.  Corns, 

6.  Flat  Soles. 

7.  The  Shoe,  for  signs  of  Cutting. 

IV. —  The  Trunk  and  Quarters. 

1.  Each  side  of  the  chest,  for  marks  of  blisters 
and  rowels. 

2.  The  space  between  the  fore  legs,  for  the 
same. 

3.  The  Hip  bones.     See  that  both  are  equally 
prominent. 

4.  The  Stifle  for  Enlargement. 
3.  The  Groin  for  rupture. 


^5  THE  HOOK. 


v.—  The  Hock. 


1.  Capped  Hock. 

2.  Curb. 

3.  Thorough  pin. 

4.  Bone  Spavin. 

5.  Bog  Spavin. 
No  blood  Spavin. 

Now  let  the  horse  be  trotted,  to  see  whether 
or  not  he  is  free  from 

1.  Lameness, 

2.  The  effects  of  founder, 

3.  String  Halt, 

4.  Weak  Loins. 

Then  the  horse  should  be  mounted,  and 
ridden  a  few  hundred  yards  at  a  gallop  in  order 
to  quicken  his  breathing,  and  thereby  display 
the  presence  or  absence  of 

1.  Roaring,  wheezing,  thick  wind,  &c. 

2.  Broken  wind. 

This  brief  summary  will  assist  the  memory, 
bringing  as  it  does  the  seat  and  causes  of  un- 
soundness into  one  point  of  view.  It  includes 
however,  some  objectionahles,  which,  properly 
speaking,  do  not  constitute  unsoundness;   such 


THE  HOCK.  47 

as  windgalls,  thorough  pin,  capped  hock,  and 
stringlialt.  The  first  two  are  objectionable,  as 
indicating  that  the  horse  has  been  severely  ex- 
erted, and  may  be  otherwise  more  seriously  in- 
jured. The  last  two  are  eye-sores,  and  only  to 
be  avoided  as  such.  This  will  appear  more 
clearly  presently. 

I  must  now  consider  in  detail,  the  different 
diseases  enumerated  in  the  above  Table.  The 
method  of  detecting  them,  must,  in  the  first 
place,  be  pointed  out ;  then  those  which  constitute 
unsoundness  must  be  distinguished  from  those 
that  do  not,  and  it  will  be  proper  now  and  then 
to  mention,  how  far  a  horse  may  be  useful,  ad- 
mitting tliat  he  have  one,  or  even  two  diseases, 
that  are  unsoundnesses.  In  giving  directions 
however,  for  discovering  unsoundnesses,  I  can 
only  go  a  certain  length,  for  some  of  them  re- 
quire anatomical  knowledge  on  the  part  of  the 
examiner,  in  order  to  discover  their  existence? 
and  even  the  possession  of  that  advantage  is  not 
at  all  times  sufl&cient  to  enable  him  to  give  a 
decided  opinion,  I  shall  endeavour,  however,  to 
make  myself  as  clearly  understood,  as  the  nature 
of  the  subject  will  admit  of. 


48  THE    HEAD  AND  NECK. 

The  Read  and  Neck, 

The  Eyes,  Examination  of  the  eye  for  catar- 
act, illustrates  what  I  have  just  said  on  the  ne- 
cessity of  possessing  an  anatomical  knowledge  of 
parts.  Cataract  is  a  deep  seated  disease  of  the 
eye,  which  often  exists  in  such  a  trifling  degree, 
as,  in  many  cases,  to  escape  the  scrutiny  of  the 
most  careful  veterinarian.  At  first  it  is  a  small 
white  speck,  situated  at  the  bottom,  not  on  the 
transparent  surface  of  the  eye  ;  and  this  almost 
invariably  increases  in  size,  till  it  produces  com- 
plete blindness ;  and  a  white  ball,  spotted  with 
black,  is  then  perceived,  occupying  a  large  por- 
tion of  the  interior  of  the  eye.  Long  before 
total  blindness  takes  place,  the  disease  is  visible 
to  the  most  common  observer,  and  the  horse  is 
said  to  have  "Buck  eyes."  In  its  earlier  stages, 
it  is  best  observed  in  the  shade,  for  then  the 
pupil  enlarges,  and  gives  you  a  fuller  view  of 
the  bottom  of  the  eye ;  when  it  exists,  a  small 
milk-white  spot  is  seen,  whitest  and  brightest  in 
the  centre,  the  circumference  of  which  passes 
gradually  into  transparency.  Care  must  be  taken, 


THE  HEAD  AND  NECK.  49 

however,  that  this  appearance  be  not  prodaced 
by  the  reflection  of  some  external  body  opposed 
to  the  eye.  A  white  hat,  or  neckcloth,  or  a  white 
wall,  for  example,  would  produce  an  appearance 
which  a  non-professional  man  might  very  readily 
mistake  for  disease.  To  prevent  such  a  blunder, 
place  the  crown  of  your  hat  (if  a  black  one)  op- 
posite the  eye,  and  observe  if  the  white  mark 
disappears,  which  it  will,  if  merely  a  reflection. 

Cataract,  in  all  its  stages,  renders  a  horse  un- 
sound. Even  when  very  small,  vision  is  imper- 
fect, and  the  horse  is  very  apt  to  shy.  But  the 
worst  of  it  is,  it  goes  on,  in  nine  cases  out  of  ten, 
till  total  blindness  is  the  result :  and  it  requires 
no  great  strength  of  reasoning  to  show,  that  a 
blind  horse  is  not  so  useful  as  a  perfect  one. 
When  the  horse  is  destined  to  work  with  a  com- 
panion, as  in  a  stage-coach,  where  the  road  is 
clear,  and  the  work  done  by  day,  a  blind  eye  is 
beyond  comparison,  a  less  evil  than  a  perma- 
nently lame  leg.  But  ahorse  blind  of  both  eyes 
is  almost  useless  as  a  roadster,  totally  so  as  a 
hunter,  and  all  but  so  for  a  carrier's  cart.  So 
that  it  will  depend  upon  the  price  asked  for  the 
animal,  and  the  work  he  is  wanted  for,  whether 


50  THE  HEAD  AND  NECK. 

the  purchaser  will  reject  or  receive  a  horse  par- 
tially or  totally  blind. 

Gutta  Serena,  or  Glass  Eyes,  is  a  disease  in 
which  the  horse  is  quite  blind,  without  any  ap- 
parent alteration  in  the  structure  of  the  eye. 
The  optic  nerve  is  palsied,  and  insensible  to  the 
rays  of  light.  When  it  exists  in  both  eyes,  the 
general  appearance  of  the  horse  will  at  once 
point  out  his  lamentable  condition — the  rapid 
motion  of  the  ears — the  high,  yet  cautious  action 
of  the  forelegs — and  the  extreme  readiness  with 
which  the  animal  yields  to  the  least  movement 
of  the  bit. 

When  only  one  eye  is  affected  with  Gutta  serena^ 
it  may  be  discovered  by  observing  what  is  called 
the  pupil — the  opening  in  the  centre  of  the  dark- 
coloured  part  of  the  eyes.  It  will  be  found  to 
be  considerably  larger  than  the  opening  in  the 
living  eye,  and  that  opening  does  not  contract 
when  the  eye  is  opposed  to  a  strong  light. 
In  the  other  it  does,  and  its  contraction  and 
delatation  is  sufficient  evidence  of  the  optic  nerve 
being  in  health. 

Gutta  Serena  is  unsoundness  ;  but  as  It  may 
have  come  on  in  an  instant,  and  consequently  it 


THE  NOSTRILS.  51 

is  impossible  for  a  Veterinarian  Surgeon  to  say 
that  it  existed  prior  to  sale,  it  behoves  the  pur- 
chaser to  guard  well  against  it  himself. 

What  I  have  said  of  the  usefulness  of  a  horse 
with  cataract  is  equally  applicable  here,  with  this 
exception,  that  as  it  often  proceeds  from  a  disease 
of  the  brain,  there  is  a  possibility,  a  probability, 
of  its  sooner  or  later  ending  fatally,  and  that 
more  especially  if  the  horse  is  put  to  quick  har- 
ness work. 

Specks  on  the  external  transparent  part  of  the 
eye  are  evident  to  all.  They  are  generally  pro- 
duced by  mechanical  injuries,  and  do  not  con- 
stitute unsoundness.  There  is  every  chance  of 
them  disappearing  of  themselves,  while  there  is 
none  of  their  increasing  in  magnitude. 


The  Nostrils. 

Few  men  have  sufficient  hardihood  to  offer  a 
glandered  horse  for  sale,  yet  there  have  been 
cases,  where,  after  hiding  all  the  symptoms,  a 
glandered  horse  has  been  thrown  into  the  hands 
of  a  simpleton  ;  so  that  there  can  be  no  harm  in 
looking  for  the  symptoms  in  every  case  :  but  in 


62  THE  NOSTRILS. 

a  crowded  market,  where  all  sorts  of  characters 
make  their  appearance,  and  some  rascals  too, 
make  a  very  specious  appearance,  it  is  very 
necessary  to  guard  against  every  thing,  however 
improbable  it  may  seem. 

In  Glanders,  there  will  be  a  discharge  from 
the  nose ;  but  that  will  be  either  hidden  by  the 
frequent  application  of  a  handkerchief,  or,  as  is 
oftenest  the  case,  before  coming  in  to  the  mar- 
ket, the  horse  gets  a  gallop  to  clear  his  nostrils, 
an  astringent  wash  is  injected,  and  then  a  piece 
of  sponge  is  forced  up,  so  as  to  retain  the  matter. 
In  such  cases  however,  there  is  almost  invariably 
some  abrasion,  or  eating  in,  on  the  red  surface, 
which  covers  the  partition  between  the  nostrils, 
and  this  may  be  seen  by  bringing  the  horse's  head 
to  the  sun,  and  expanding  the  nostril,  so  as  to 
get  as  high  a  view  as  possible.  If  there  be  any 
sore,  reject  the  horse. 

A  plug  in  the  nose  may  be  very  readily  dis- 
covered, by  shutting  first  one  nostril,  and  then 
the  other,  so  as  to  compel  the  animal  to  breathe 
through  one  at  a  time,  which  of  course  he  cannot 
do,  if  any  thing  obstruct  one  of  them  while  you 
shut  the  other.  This  will  also  serve  to  assure 
you  tliat  the  horse  is  free  from  a  tumour  which 


THE  NOSTRILS.  53 

sometimes  grows  in  it,  and  by  gradually  increas- 
ing blocks  it  up.  It  is  termed  a  Polypus,  in 
Surgery,  and  constitutes  unsoundness  :  as  I  need 
scarcely  add,  so  does  Glanders. 

Horses,  in  travelling  to  a  fair,  or  from  the 
country  to  a  dealer's  stables  in  town,  are  very 
apt  to  catch  cold  on  the  way,  and  have  discharge 
from  the  nose  and  soreness  of  throat.  This  the 
purchaser  should  guard  against,  for  such  cases 
frequently  end  very  unfavourably ;  and  indeed 
if  the  horse  were  treated  as  if  he  were  well,  he 
might  probably  take  inflamed  lungs  and  die. 
Such  things  are  of  frequent  occurrence,  and  cir- 
cumspection is  therefore  requisite.  A  thin 
watery  discharge  from  the  nose,  and  that  small 
in  quantity,  is  a  symptom  of  this  cold ;  and  upon 
pressing  the  throat  a  little,  the  animal  winces, 
evidently  from  pain :  many  horses,  however,  are 
purchased  with  colds,  and  no  ill  consequences 
ensue  ;  but  if  the  purchaser  chooses  to  run  the 
risk,  he  should  not  by  any  means  use  the  horse 
as  if  he  were  perfectly  well.  A  few  days'  rest 
in  a  well  ventilated  stable,  mash  diet,  and  some 
liquid  blister  to  the  throat,  will,  in  a  great  many 
cases  entirely  remove  a  cold ;  while  exertion, 
and  re-exposure  to  the  causes  that  first  produced 


54  CHRONIC  COUGH. 

it,  will  most  surely  aggravate  it,  and  perhaps 
induce  a  much  worse  disease.  A  special  warranty 
may  be  obtained,  making  the  seller  responsible 
for  the  cold  ;  but  to  take  that,  and  use  the  horse 
as  if  he  were  in  health,  would  manifestly  be  tak- 
ing an  unfair  advantage  of  the  seller's  ignorance : 
to  say  nothing  of  the  inhumanity  of  working  a 
sick  horse. 

A  cough  more  or  less  frequent,  always  accom- 
panies soreness  of  the  throat,  but  it  is  not  a  dis- 
ease of  itself ;  and,  therefore,  need  not  be  spoken 
of  as  one.  Some  horses  have  a  cough  for  years, 
and  yet  do  their  work,  and  maintain  their  condi- 
tion, as  perfectly,  as  if  they  had  no  such  thing. 
The  cough  is  harsh,  dry,  and  most  frequent 
directly  after  feeding  or  drinking,  or  just  when 
the  horse  is  taken  into  the  open  air.  It  is  called 
chronic  cough,  and  though  the  horse's  health 
remains  unaffected  by  it,  yet  it  very  much  annoys 
him,  and  is  exceedingly  unpleasant  to  those  who 
hear  it.  It  cannot  be  discovered  prior  to  pui'- 
chase,  nor  can  the  purchaser  be  assured  that  it 
is  not  a  symptom  of  common  cold,  until  its  con- 
tinuance, unabated  by  the  ordinary  remedies, 
shows  its  real  nature. 

Chronic   cough   is   generally   considered    an 


CRIB-BITING.  55 

unsoundness,  on  the  ground  that  it  makes  the 
horse  more  susceptible  of  the  evils  arising  from 
sudden  changes  of  temperature.  I  can  only  say, 
that  I  never  observed  this  susceptibility.  The 
purchaser,  however,  would  do  well  to  take  a 
Veterinary  Surgeon's  opinion  on  the  case  before 
he  makes  up  his  mind  to  keep  a  horse  with  chronic 
cough,  for  it  is  frequently  a  symptom  of  diseased 
lungs,  &c. 

If  the  glands  between  the  bones  of  the  lower 
jaw  are  swelled,  it  will  most  certainly  prevent 
you  from  buying  from  a  stranger  or  a  reputed 
rogue  :  and  in  all  cases,  it  will  induce  you  to  pay 
much  attention  to  the  nostrils ;  for  this  enlarge- 
ment is  one  of  the  symptoms  of  glanders;  but  it 
likewise  sometimes  exists  as  a  remnant  of  Stran- 
gles, and  is  then  not  at  all  prejudicial. 

If  the  neck  at  its  junction  with  the  head,  be 
out  of  proportion  small,  it  is  probable  that  that 
smallness  has  been  produced  by  the  use  of  a  tight 
strap, to  prevent  crib-biting:  and  the  teeth  should 
be  examined  to  see  if  they  are  much  worn  away, 
and  chipped  on  their  outer  edge,  which  they 
always  are  when  the  horse  is  an  old  crib-biter : 
and  his  neck  will  not  show  any  trace  of  the 
crib-biting  strap,  till  he  is  an  old  one. 


56  CRIii-BlTING. 

Except  the  sniallness  of  the  neck,  and  the 
worn  state  of  the  teeth,  I  know  of  no  symptom 
by  which  crib-biting  may  be  discovered,  until 
the  animal  has  an  opportunity,  and  is  inclined  to 
show  it,  as  he  does  by  seizing  the  manger,  bend- 
ing his  head  in  towards  his  chest,  and  swallow- 
ing air,  at  the  same  time  making  a  grunting  sort 
of  noise. 

The  nature  of  this  objectionable  point  in  the 
horse,  has  not  yet  been  precisely  ascertained ; 
and  hence  much  dispute  has  arisen,  whether  it 
be  a  vice  or  an  unsoundness,  or  whether  it  be  the 
product  of  disease,  or  of  an  imitative  disposi- 
tion. The  following  quotation  from  the  Veteri- 
narian, will  show  what  a  difference  of  opinion 
exists  on  this  point,  even  amongst  professional 
men. 

"  Paul  V.  Hardwick.  This  was  an  action  on  the 
warranty  of  a  horse  sold  by  the  defendant,  a 
horse  dealer  in  Tottenham-court  road,  to  the 
plaintiff,  Mr.  Paul  the  banker,  in  July  last. 

"  The  warranty  was  contained  in  the  receipt 
given  by  the  defendant  for  the  price  of  the  horse, 
and  was  in  these  terms: — '  Received  of  J.  B.  Paul, 
Esq.,  the  sum  of  sixty-five  pounds,  for  a  bay 
gelding,  warranted  sound,  and  free  from  vice.' 


ORIB-BITING.  57 

The  alleged  unsoundness  or  vice  was,  tliat  the 
horse  was  a  crib-biter. 

"  Sir  James  Scarlet^  in  opening  the  case  for  the 
plaintiff,  read  an  extract  from  Dr.  Rees's  Cyclo- 
paedia, in  which  crib-biting  was  described  as  a 
vice,  and  the  writer,  distinguishing  vice  from 
unsoundness,  gave  it  as  his  opinion,  on  the  effect 
of  a  warranty,  that  if  it  extended  to  soundness 
only,  the  horse  was  not  returnable  for  crib-biting, 
but  if  it  included  a  warranty  against  vice,  it  was ; 
crib-biting  being,  it  was  said,  *  one  of  the  worst 
vices.' 

"  Philip  ffearn,  who  had  had  the  care  of  the 
horse  after  the  plaintiff  purchased  it,  stated,  that 
as  soon  as  it  was  put  into  the  stables,  it  began 
crib-biting  pretty  sharply,  and  mauled  the  har- 
ness about. 

"  Did  you  put  the  harness  out  of  its  way  ?  O 
yes,  or  it  would  have  been  soon  all  gone. 

<*  Did  he  appear  to  be  an  old  crib-biter  ?  Yes, 
he  was  a  stanch  old  hand. 

"  It  was  proved  that  the  defendant  had  had 
notice  to  take  the  horse  back ;  and  that  he  refus- 
ed, stating  that  crib-biting  was  no  *  vice.'  He  ad- 
mitted that  he  knew  the  horse  was  a  crib-biter 
at  the  time  he  sold  it  to  the  plaintiff. 


68  CRIB-BITING. 

"  The  plaintiff's  attorney  said  he  believed  it 
was  the  same  horse  that  had  been  offered  to  him 
for  £30,  about  six  weeks  before.  It  was  a  good- 
shaped  horse,  and  in  very  fair  condition  ;  but  he 
returned  it  because  it  was  a  crib-biter. 

"  Richard  Tattersall,  proved  that  the  horse  was 
sold  at  his  father's  auction,  by  the  plaintiff's 
direction,  on  the  \2t\\  of  July  last,  at  26  guineas. 
It  was  knocked  down  in  the  name  of  Robinson ; 
but  the  defendant  was  present  at  the  sale,  and 
paid  the  money.  The  net  proceeds  were  £23  : 
19:  6d. 

"  [It  appeared  by  the  subsequent  evidence,  that 
the  defendant  having  got  the  horse  again,  after- 
wards sold  it  to  the  Rev.  Dr.  Halcomb.] 

"  Mr.  Sewell  stated,  that  he  was  assistant  pro- 
fessor of  the  Veterinary  College.  Crib-biting, 
which  was  a  vicious  habit  in  horses,  was  consi- 
dered as  an  unsoundness.  It  was  treated  as  a 
disease.  It  frequently  led  to  indigestion,  and 
then,  of  course,  there  was  no  saying  what  might 
follow.     It  was  curable  in  its  early  stages. 

"  Mr.  Bracy  Clark  was  of  opinion,  that  crib- 
biting  was  one  of  the  worst  vices  of  ahorse.  It 
had  always  been  considered  as  a  vice.  When  it 
became  confirmed,  so  as  to  affect  the  health  of 


CRIB-BITING.  59 

the  animal,  it  was  an  unsoundness.  A  crib-biter, 
he  should  say,  would  be  returnable  upon  a  war- 
ranty against  vice,  but  not  upon  a  warranty 
confined  to  unsoundness,  unless  the  health  of  the 
horse  was  aflFected  by  the  habit  at  the  time. 

"  The  Attorney  General  addressed  the  Jury  for 
the  defendant,  and  called  the  following-  wit- 
nesses : — 

"  William  Cadman  stated,  that  he  was  in  the 
employment  of  Mr.  Shackwell,  who  kept  stables 
in  Oxford-street,  for  the  sale  of  horses  on  com- 
mission. The  horse  in  question  (he  believed  it 
was  the  same)  stood  in  those  stables  for  sale  in 
June  last,  and  was  purchased  by  the  defendant. 
It  was  tlien  very  healthy,  and  in  good  condition. 
It  was  not  a  '  stanch  old  hand'  at  crib-biting : 
it  bit  but  very  slightly. 

"  Cross-examined. — Young  horses  would  fre- 
quently imitate  stanch  old  crib-biters. 

"  Hichard  Hardwick,  the  defendant's  brother, 
stated,  that  the  defendant  bought  the  horse  of 
Mr.  Shackwell,  in  June  last,  for  40  guineas.  It 
was  warranted  sound,  and  quiet  to  ride  or 
drive.  It  was  fresh,  and  in  good  condition  ;  and 
continued  so,  till  it  was  sold  to  the  plaintiff.  It 
was  not  a  '  determined'  crib-biter.     It  was  kept 


e^  CRIB-BITING. 

in  the  defendant's  stables,  for  a  month  before  it 
was  sold  to  the  plaintiff,  and  the  manger  (a 
wooden  one)  was  not  at  all  injured  by  its  biting. 

"  Cross-examined.  It  had  been  since  sold  to  Dr. 
Halcomb.  The  price  asked  was  60  guineas ; 
but  witness  did  not  know  what  his  brother  got 
of  Dr.  Halcomb  for  it. 

"  Professor  Coleman  stated,  that  horses  had  the 
habit  of  crib-biting  in  very  different  degrees. 
He  was  inclined  to  think  that  the  true  meaning 
of  the  word  'vice,'  was  some  vicious  quality 
which  was  dangerous  to  the  owner  of  the  horse, 
or  to  others  who  rode  or  drove  it,  and  not  merely 
a  defect  or  fault,  because,  if  that  were  the  case, 
tripping  or  shying  would  be  a  vice,  and  few 
horses  were  free  from  some  defect  or  fault. 
A  crib-biter  might  be  a  vicious  horse,  but  not 
necessarily  so  because  he  was  a  crib-biter. 

"  Is  crib-biting  an  unsoundness  ? 

"  That  depends  on  the  definition  of  the  word 
unsoundness.  I  have  always  considered  wherever 
there  is  an  alteration  of  the  function  in  any  part, 
so  as  to  influence  the  entire  functions,  and  pre- 
vent the  animal  from  performing  the  common 
du  ties  of  a  horse,  that  he  is  unsound.  According 
to   that  definition,  a  crib-biter  may  or  may  not 


CRIB-BITING.  61 

be  unsound.  If  the  habit  exists  in  a  slight 
degree — that  is,  if  the  horse  only  occasionally 
bites  his  crib,  but  supports  his  condition,  and 
can  perform  all  the  duties  of  a  horse,  then  I  should 
say  he  was  not  unsound. 

"On  his  cross-examination,  the  witness  stated 
that  the  habit  of  crib-biting  frequently  produced 
a  disordered  function,  which  was  the  effect  of 
swallowing  the  air  in  the  attempt  to  lay  hold  of 
some  fixed  object.  That  produced  indigestion 
and  a  disordered  stomach,  a  difficulty  of  breath- 
ing, with  spasms  and  inflammation ;  and  if  the 
disorder  got  lower  down,  it  produced  a  disorder 
of  the  bowels.  The  habit  of  crib-biting  might 
be  acquired  from  imitating  other  horses ;  but 
that  was  by  no  means  the  most  frequent  cause. 
It  frequently  attached  to  high-bred  horses,  and 
others  that  were  kept  long  without  food.  In 
ninety-nine  cases  out  of  a  hundred  that  was  the 
main  cause  of  crib-biting.  As  the  horse  in  ques- 
tion had  been  stated  to  be  in  good  condition, 
witness  should  infer  that  none  of  its  functions 
were  impaired,  and  its  health  was  not  affected 
by  this  habit;  and  his  opinion  was,  that,  in 
gi;.ieral,  crib-biting  did  not  affect  the  health  of 
tlie  animal. 


62  CRIB-BITING. 

"  Sir  J.  Scarlett — Don't  you  know  that  crib- 
biters  are  always  draughted  from  a  regiment. 

"  Witness. — Not  unless  they  have  some  other 
defect  besides  crib-biting. 

"  Re-examined Crib-biting    did    not     arise 

from  impaired  functions  in  the  animal,  though  it 
sometimes  produced  that  effect. 

"  Lord  Tenterden. — Suppose  a  crib-biter  sold 
to-day  in  good  condition,  in  six  months  hence  it 
is  found  to  have  inflammation  in  the  stomach  or 
bowels,  with  a  difficulty  of  breathing,  or  any  of 
the  other  symptoms  you  have  described,  should 
you  say  it  was  unsound  or  not  ? 

"  Witness. — Unsound  when  sold,  inasmuch  as 
you  would  be  able  to  trace  the  effect  from  the 
cause. 

"  ^Iy.  James  Turner  stated,  that  crib-biting,  in 
his  opinion,  was,  in  the  greater  number  of  in- 
stances, a  habit  contracted  by  imitation.  Whether 
it  was  or  was  not  injurious  to  the  health  of  the 
animal,  depended  upon  the  degree  in  which  it 
existed.  Witness  believed  that  a  horse  might 
be  a  crib -biter  and  yet  be  perfectly  sound  ;  but 
he  believed  also,  that  it  was  decided  unsound- 
ness in  many  cas.es.  It  showed  itself  more  par- 
ticularly by  the  animal  distending  its  body  with 


CRIB-BITING.  63 

wind,  but  all  crib-biters  did  not  distend  their 
bodies  with  wind  in  the  same  degree.  It  could 
not  be  considered  as  a  vice,  inasmuch  as  crib- 
biters  were  generally  perfectly  tractable  to  ride 
or  drive,  and  they  did  no  danger  to  their  owners. 

"George  Gosden  stated,  that  he  had  been  a 
veterinary  surgeon  for  sixteen  or  seventeen 
years.  Had  known  the  habit  of  crib-biting  to 
exist  in  various  degrees. 

*'  The  Attorney  General.  Is  it  necessarily  a  vice 
or  an  unsoundness  ? 

''  Witness.     Neither. 

"  Have  you  known  horses  to  have  that  habit  in 
a  considerable  degree,  and  yet  to  be  extremely 
healthy  for  a  number  of  years,  and  be  capable 
of  doing  their  work  ? — I  have.  I  have  known 
the  best  of  horses  to  be  crib-biters. 

"  Do  you  know  that  the  horse  called  '  The 
Colonel,'  had  the  habit  of  crib-biting? — I  have 
heard  he  had  it  for  a  number  of  years. 

"  Sir  J.  Scarlett.  Does  your  experience  agree 
with  that  of  Mr.  Coleman,  that  it  very  rarely 
arises  from  imitation ;  or  with  Mr.  Turner,  that 
it  generally  does  ? — That  it  generally  does. 

"  As  in  your  opinion,  it  is  neither  a  vice  nor  an 


64  CRIB-BITING. 

unsoundness,  allow  me  to  ask  you,  whether  it  is 
an  advantage  ? — It  certainly  is  not  an  advantage. 

"  Is  it  a  merit  ? — Yes.  (Laughter.) 

"  The  witness  explained,  by  saying  he  meant 
to  state  that  'a  slight'  crib-biter  was  neither 
an  unsound  nor  a  vicious  animal. 

"What  is  a  'good  stanch'  crib-biter? — An 
old  horse  that  has  had  it  for  a  long  while. 
(Great  laughter.) 

"  Is  the  health  of  an  old  stanch  crib-biter 
affected  by  the  habit  ? — Not  unless  the  stomach 
or  bowels  are  affected. 

"  Is  it  a  disadvantage  to  have  a  crib-biter  where 
the  habit  exists  in  a  great  degree  ? — Sometimes 
it  is,  sometimes  not. 

"  You  would  not  then  give  a  guinea  less  for  a 
horse  because  it  was  a  crib-biter  ?— -Perhaps  not, 
if  it  had  it  only  slightly. 

"  Perhaps  you  have  cured  some  crib-biters  ? — 
No  ;  I  never  have. 

"  Have  you  ever  attempted  it  ? — No. 

<'  What  remedy  would  you  apply  if  you  were 
to  attempt  to  effect  a  cure  ? — Tie  his  head  up 
to  the  manger.  (Laughter.) 

"  Would  that  cure  him  ? — It  would  not. 


CRlB-BITlNG.  65 

""^Lord  Tenterden.  Why  should  you  do  it  then? 
-—It  would  preveut  him  from  biting  the  manger. 
(A  laugh.) 

"  John  Lythe,  a  veterinary  surgeon  examined 
by  Mr.  Hutchinson.  Have  you  known  horses  to 
have  the  habit  of  crib-biting,  and  yet  their  gene- 
ral health  not  affected  by  it  ? — Many ;  in  the 
army  particularly. 

"  If  they  have  it  not  in  a  degree  to  affect  the 
health  of  the  animal,  are  they,  in  your  judgment, 
unsound,  because  they  are  crib-biters? — Cer- 
tainly not. 

"  When  they  have  it  only  in  a  slight  degree  is 
it  a  vice  ? — Not  unless  it  disposes  the  horse  to 
some  bodily  mischief. 

"  The  witness,  on  cross-examination,  stated  that 
the  habit  arose  frequently  from  want  of  food, 
and  frequently  from  irritation  ;  and  he  mention- 
ed an  instance  of  the  latter. 

"  Is  it  a  desirable  thing  for  a  horse  to  have  ? — 
It  is  not  desirable,  certainly ;  but  I  never  cast  a 
horse  for  it. 

'■'-Lord  Tenterden^  after  Sir  James  Scarlett  had 
replied  to  the  defendant's  evidence,  stated,  that 
the  question  for  the  jury  was,  whether  the  horse 
Mas  unsound,  or  laboured  under  a  defect  which 


66  CRIB-BITING. 

could  be  properly  called  a  vice.  His  Lordship 
was  about  to  sum  up  the  evidence,  but  the  jury 
interposed,  saying  their  minds  were  made  up. 

"  Lord  Tenterden.  You  find  for  the  plaintiff, 
gentlemen  ? 

"  A  Juror,  Yes,  my  Lord. 

"  A  verdict  was  then  entered  for  £41  0*.  6rf., 
the  difference  between  the  price  which  the  plain- 
tiff had  paid  for  the  horse  and  the  net  proceeds 
of  the  sale." 

From  this  it  appears,  that  the  horse  was 
warranted  sound  and  free  from  vice  :  but  it  is 
not  said,  whether  the  jury  regarded  it  as  an  un- 
soundness or  a  vice.  My  own  opinion  is,  that 
crib-biting  in  every  case,  constitutes  unsoundness; 
for  though  it  is  difficult  to  say  whether  the  habit 
is  produced  by  disease,  or  by  imitation,  yet  it  is 
certain  that  it  cannot  exist  long,  without  in  some 
degree  impairing  the  function  of  the  stomach : 
and  dissection  shows,  that  alteration  of  structure 
is  a  consequence  of  its  long  continuance,  and 
that,  to  a  greater  or  less  degree,  diminishing  the 
efficiency  of  the  animal.  It  is  no  argument 
against  this  to  say,  that  crib-biters  often  work 
well :  the  question  is,  would  they  not  work 
better  without  such  a  habit  ?     It  is   likewise 


CRIll-BITING.  67 

well  known,  that  crib-biters  are  very  liable  to 
attacks  of  cholic,  in  consequence  of  their  filling 
their  stomach  and  bowels  with  air :  and  this  may, 
often  does,  carry  the  horse  off  after  an  hour's  ill 
ness.  So  that  the  buyer  should  think  well, 
before  he  makes  up  his  mind  to  keep  a  crib- 
biter.  He  often  makes  himself  quite  unfit  for  great 
exertion,  by  distending  the  stomach  in  such 
a  manner  as  to  impede  his  breathing. 


The  Teeth 

In  front  of  the  lower  jaw  are  examined  to 
ascertain  the  animal's  age.  As  few  horses 
change  hands  before  they  are  three  years  old, 
I  might  be  content  with  describing  the  appear- 
ances which  the  teeth  present  after  that  period : 
but  as  it  requires  little  room,  and  may  possibly 
be  of  use  in  some  cases,  I  shall  begin  with  the 
colt's  mouth  soon  after  his  birth. 

The  horse,  like  many  other  animals,  has  two 
sets  of  teeth ;  the  first,  called  the  temporary  or 
milk  teeth,  are  in  general  all  above  the  gums 
by  the  time  the  colt  is  six  or  eight  months  old; 
and  soon  after  he  is  two  years,  these  drop  out 


6B  The  age. 

in  pairs,  to  make  way  for  the  permanent,  or 
horse  teeth.  They  have  all  made  their  appear- 
ance by  the  time  the  horse  is  five  years  old,  and 
he  is  then  said  to  he  full-mouthed,  having  twelve 
grinders,  two  tushes,  and  six  nippers  in  each  jaw. 

Each  of  the  front  teeth,  when  they  first  ap- 
jjear  above  the  gums,  has  an  oval  cavity  in  the 
centre  of  the  wearing  surface,  which  dips  into  the 
tooth  like  a  funnel,  becoming  narrower  towards 
the  bottom ;  and  as  the  teeth  are  worn  down  by 
friction,  this  cavity  gradually  diminishes  in  depth 
and  in  breadth,  till  in  time  it  is  altogether  obli- 
terated ;  and  as  this  takes  place  at  stated  periods, 
it  affords  a  pretty  correct  criterion  of  the  horse's 
age.  It  is  improper  to  say  that  the  cavity  or 
"mark,"  fills  up,  for  it  is  actually  worn  out  by 
the  action  of  the  opposite  teeth. 

The  following  refers  only  to  the  front  of  the 
lower  jaw. 

About  eight  or  ten  days  after  birth,  the  colt 
has  two  nippers  in  the  centre  of  the  jaw. 

Some  time  between  the  second  and  fourth 
month,  other  two  make  their  appearance,  one 
on  each  side  of  the  first  and  central  pair. 

And  betwixt  the  sixth  and  eighth,  another  pair 
is  added,  making  six  in  all. 


THE  AGE.  69 

After  this  period,  and  until  the  horse  teeth 
appear,  the  "mark,"  guides  us  in  determining 
the  animal's  age. 

At  twelve  months,  the  cavity  is  all  but  obli- 
terated from  the  two  central  nippers ;  and  in 
those  on  each  side  of  them,  the  "  mark"  is  less 
extended  from  side  to  side  than  it  was  at  first. 

At  eighteen  months,  the  "  mark"  is  gone 
from  the  four  central  teeth,  and  the  two  that 
first  appeared  are  nearly  triangular  on  their 
wearing  surface,  taking  the  shape  of  the  root  as 
they  are  worn  down  to  it. 

At  two  years,  the  "mark"  is  gone  fix)m  all 
the  six,  and  the  two  central  teeth  appear  con- 
siderably smaller  than  the  side  ones. 

At  two  and  a  half  years,  the  two  central  milk 
teeth  become  loose,  drop  out,  and  the  first  two 
permanent  nippers  appear  in  their  places,  and 
are  soon  on  a  level  with  the  remaining  four  milk 
teeth.  The  permanent  nippers  are  larger  and 
darker  coloured  than  the  temporary  ones,  and 
their  external  surface  has  a  well-marked  furrow, 
which  is  not  observed  in  the  colt  teeth. 

Soon  after  this  period,  if  the  colt  has  been 
well  fed,  and  is  tolerably  well  furnished,  it  be- 
€3omes  an  object  with  the  breeder  to  pass  him 


70  THE  AGE. 

off  for  a  four  year  old,  as  some  months'  keep 
will  thereby  be  saved.  He  therefore  pulls  out 
a  milk  tooth  on  each  side  of  the  two  central  per- 
manent ones,  and  then  other  two  horse  teeth 
make  their  appearance  much  sooner  than  they 
otherwise  would,  and  the  colt  brings  a  four  year 
old  price,  while  in  fact  he  is  but  a  few  months 
past  three.  This  deception  may  sometimes  be 
detected  by  examining  the  grinders,  but  in 
general  the  animal's  youthful  appearance  is  suffi- 
cient to  show  that  he  is  not  yet  fit  for  work. 

At  three  and  a  half  years,  other  two  perma- 
nent teeth  make  their  appearance,  one  on  each 
side  of  the  central  pair :  and  before  the  colt  is 
four  years  old,  they  are  on  a  level  with  the 
corner  milk  teeth,  which  are  now  yellow  on  the 
wearing  surface,  and  very  small  at  the  neck, 
where  it  joins  the  gums. 

At  four  and  a  half,  the  corner  teeth  come  up, 
and  by  the  time  the  animal  is  five  years  old,  they 
are  level  with  the  others.  Before  this  time,  if  a 
horse,  he  has  likewise  four  tushes,  and  the  colt 
is  now  called  a  horse,  and  the  filly  a  mare.  A 
few  mares  have  tushes,  but  the  majority  have 
none. 

At  six  years  old,  the  "mark"  is  gone  from 


THE  AGE.  71 

the  two  central  nippers  :  they  being  the  oldest 
by  a  year,  are  of  course  soonest  worn  down. 

At  seven,  the  "mark"  is  worn  out  of  the  four 
central  teeth,  and  at  eight  the  majority  of  horses 
lose  all  "  mark,"  and  afterwards  he  is  very  im- 
properly styled  aged. 

Many  horsemen,  after  the  "  mark"  is  worn 
out  of  the  lower  jaw,  have  recourse  to  the  upper 
one,  the  "  mark"  remaining  in  its  teeth  much 
longer  than  those  of  the  other.  But,  in  general, 
they  offer  but  uncertain  criteria  of  the  age,  for 
their  wear  is  exceedingly  irregular,  and  scarcely 
four  horses  can  be  got  together,  whose  upper 
teeth  present  any  thing  like  the  same  appearance 
at  the  same  age.  I  do  not  therefore  place  any 
dependance  on  them ;  neither  do  I  regard  the 
tush  as  at  all  indicating  the  age :  for  though 
some  rely  much  on  its  height,  sharpness  and  the 
degree  of  its  concavity,  yet  these  are  so  irre- 
gular of  themselves,  and  so  much  altere  d  by  the 
bit,  that  it  is  almost  useless  to  look  at  them. 
Indeed,  it  is  rather  rare  to  find  two  tushes  in 
the  same  jaw  exactly  resembling  each  other. 

Up  to  eight  years,  there  is  little  difficulty  in 
determining  the  age  by  the  nippers  of  the  lower 
jaw,  and,  I  believe,  we  must  still  adhere  to  them 


72  THE  AGE. 

when  we  want  to  go  further.  Their  shape, 
though  by  no  means  so  good  a  criterion  as  their 
mark,  is  yet  characteristic  enough  of  age  to  en- 
able us  to  come  within  a  year  or  two ;  and  no 
horseman  need  foolishly  boast  of  being  able  to 
do  more,  for  the  thing  is  of  such  a  nature  as  to 
make  it  morally  impossible  to  draw  an  infallible 
conclusion  upon  any  such  grounds. 

At  ten  years,  the  central  nippers,  instead  of 
being  nearly  oval  on  the  wearing  surface,  as 
they  were  at  seven,  have  become  narrower  from 
side  to  side,  and  broader  from  before  backwards. 

The  fang  of  the  nippers  tapers  towards  the 
extremity,  and  is  narrower  from  side  to  side,  and 
broader  from  before  backwards,  than  the  tooth 
above  the  gum  is ;  and  as  the  nipper  wears 
down,  it  assumes  on  its  surface  the  shape  of  a 
transverse  section  of  the  fang  at  different  places. 

At  eleven  years,  the  four  central  nippers  are 
also  altered  in  their  shape,  and  at  twelve,  the 
corner  teeth  have  the  same  shape  which  the  two 
central  ones  have  at  ten,  while  they  have  now 
more  distinctly  approached  to  the  triangular 
form  of  the  fang.  I  need  not  proceed  further 
and  indeed  to  say  the  truth,  if  the  horse  be 
above  twelve,  it   is   not  of  much    consequence 


THE  AGE.  73 

whether  he  be  two  or  six  more,  provided  he  is 
under  twenty,  and  fresh  and  able-like  in  his  ap- 
pearance. If  he  has  been  well  taken  care  of 
while  youngs  he  may  be  as  good  a  horse  at  four- 
teen or  sixteen,  as,  I  am  sorry  to  say,  most  of 
those  now  met  with,  are  at  ten,  in  consequence 
of  being  too  soon,  and  far  two  liardly  worked. 
The  purchaser  need  not  reject  a  horse  because 
his  mouth  is  too  old  to  express  his  age  ;  if  his 
limbs  appear  clean  and  firm,  it  is  a  pretty  certain 
sign  that  he  is  yet  able  to  do  much  work,  as  far 
as  age  is  concerned :  for  few,  far  too  few,  horses 
become  useless  from  natural  decay.  In  ninety 
cases  out  of  a  hundred,  the  animal  is  driven,  if 
I  may  say  so,  to  old  age,  and  then  almost  every 
part  of  his  frame  bears  testimony  to  the  fact. 

Besides  the  teeth,  some  conclusion  may  be 
drawn  regarding  the  animal's  age  from  his  gen- 
eral appearance.  When  old  or  worn  out,  (for 
here  they  are  nearly  synonymous  terms,)  he  is 
listless  to  excess,  regardless  of  surrounding  ob- 
jects, heedless  of  either  the  whip  or  the  voice  of  the 
driver,  and  apparently,  but  only  apparently,  insen- 
sible to  pain.  The  spine  becomes  curved  down~ 
wards,  while  the  bones  composing  it  form  a  ridge 


74'  THE  AGE. 

extending  from  the  mane  to  the  croup:  the  hairs 
about  the  face  and  forehead  become  gray,  the 
lips  hang  apart,  the  whole  countenance  has  a 
peculiarly  anxious-like  expression :  and  above 
the  eye,  a  deep  pit  appears,  which  along  with 
the  eyelids,  contribute  to  form  the  anxious-like 
expression  so  peculiar  to  a  worn  out  horse.  And 
this  leads  me  to  remark  another  talent  which 
horse-copers  have  got.  In  order  to  hide  this 
cavity  over  the  eye,  they  prick  the  skin  covering 
or  rather  lining  it,  and  blow  in  a  little  air,  which 
for  a  short  time  fills  up  the  pit,  and  subtracts 
not  a  little  from  the  horse's  aged  appearance,  and 
thereby  deceives  the  uncautious.  This  opera- 
tion is  learnedly  called  "puflfing  the  glimms." 
Like  bishopping,  however,  it  is  beyond  comparison 
far  oftener  practised  about  London,  than  in 
Scotland. 

I  ought  to  remark  that  although  the  teeth  are 
continually  wearing,  yet  as  a  horse  gets  old,  they 
appear  to  grow  longer,  but  they  are  not  really 
so,  it  is  the  shrinking  of  the  bone  and  gum  from 
them,  that  produces  the  apparent  elongation. 

I  may  also  here  mention  a  fact,  that  horses 
much  kept  at  ffrass,  and  especially  in  a  sandy 


THE  AOE.  75 

pasture,  lose  tlie  mark  niiicli  sooner  tlian  those 
in  the  stable.  The  reason  is,  that  the  front 
teeth  have  little  or  nothing  to  do  in  stahle-feed* 
ing;  while  the  horse  is  out,  they  have  all  the 
grass  to  cut,  and  that  often  so  rough  and  sandy, 
as  to  wear  the  teeth  veiy  fast.  The  purchaser 
may  bear  this  in  mind,  and  make  allowance  for 
it. 

Before  quitting  the  teeth,  I  must  take  notice 
of  a  rascally  trick  sometimes  played  by  some  of 
our  /iofiest  dealers.  It  is  called  "  Bishopping,*' 
from  Bishop  being  the  name  of  the  ingenious 
inventor.  It  consists  in  making  an  artificial 
mark,  after  the  natural  one  is  worn  out ;  and  is 
done  by  scooping  a  piece  out  of  the  surface  of 
the  tooth  with  an  instrument  made  for  the  pur- 
pose, and  then  blackening  the  cavity  with  a  hot 
iron,  or  instead,  a  clumsy  job  is  sometimes  made 
of  it  by  using  lunar  caustic.  Commonly  only 
the  comer  teeth  of  an  eight  years'  old  mouth  are 
thus  operated  upon ;  and  then  the  horse  is 
*«  warranted  sound,  and  only  seven  years  old." 
Sometimes  the  next  corner  teeth  are  likewise 
bored  and  burned,  to  make  a  six  year  old  ;  and 
indeed,  I  have  seen  all  six  equally  well  bishop- 
ped  :  when  the  shape  and  length  of  the  teeth 


76  THE  AGE. 

plainly  told,  that  the  horse  must  have  been  at 
least  twelve  years  of  age.  But  so  wise  are  the 
"  knowing  ones,"  that  as  they  only  look  at  the 
mark  themselves,  they  never  dream  of  another 
comparing  that  with  the  shape  and  length  of  the 
tooth,  and  hence  to  more  acute  observers  they 
unwittingly  display  their  roguery  in  all  its 
nakedness. 

The  imposition  may  be  discovered  by  the 
irregular  roughness  on  the  sides  of  the  cavity  of 
tlie  teeth — the  unnatural  darkness  of  the  mark 
— the  absence  of  a  white  ring  of  enamel  that 
always  surrounds  the  natural  cavity :  and  that, 
compared  with  the  length  of  the  body,  and  the 
shape  of  the  surface,  will  render  imposition  ex- 
ceedingly difficult.  The  bisliopped  horse  is 
likewise  loath  to  allow  you  to  examine  his 
mouth,  being  fearful  of  a  repetition  of  the  pain 
which  he  suflFered  while  undergoing  this  dis> 
graceful  operation. 

A  bishopped  horse  is  not  of  necessity  an  un- 
sound one ;  but  he  is  returnable  to  the  seller, 
who  makes  himself  liable  to  an  action  for  having 
used  fradulent  means  to  get  a  purchaser.  See 
note,  p.  41. 


THE  VEINS  OF  THE  NECK.  77 


The  Veins  of  the  Neck. 

One  of  them  is  sometimes  obliterated  in  con- 
sequence of  becoming-  inflamed  after  the  opera- 
tion of  bleeding.  Such  a  deficiency  in  structure 
may  bc^  discovered,  by  placing  the  finger  on  the 
loNvor  part  of  the  neck,  and  compressing  the  vein 
sufficiently  to  stop  the  passage  of  the  blood.  If 
the  vein  is  entire,  it  will  be  seen  to  fill  and  swell 
upwards  from  the  point  of  pressure. 

The  loss  of  a  vein  I  consider  an  unsoundness, 
because,  even  for  many  months  after  it  has  been 
shut  up,  the  blood  cannot  pass  so  readily  from 
the  head ;  and  if  the  horse  ever  needs  to  be 
turned  out  to  grass,  his  head  will  probably  swell 
from  the  accumulation  of  blood,  and  he  will  be 
predisposed  to  bad  eyes  and  staggers.  Tiie 
purchaser  need  not,  however,  reject  a  horse  be- 
cause he  has  lost  a  vein  ;  for,  in  course  of  time, 
other  veins  of  the  neck  increase  in  size,  and 
among  them  perform  the  work  of  the  large  one 
that  was  lost :  and  then  the  only  objection  to  it  is, 
that  he  must  not  again  be  bled  in  the  ne<k,  lest 


78       THE  FORELEG  AND  SHOULDER. 

possibly  the  other  vein  also  inflame,  and  become 
impervious. 


The  Foreleg  and  Shoulder. 

Grooms  and  blacksmiths  make  the  shoulder 
the  seat  of  every  lameness  in  the  foreleg,  when 
their  acuteness  is  not  sufficient  to  enable  them 
to  discover  it  any  where  else  :  but  the  fact  is  the 
shoulder  is  very  rarely  diseased,  and  hence,  in 
an  examination  for  unsoundnesses,  it  is  a  part 
not  much  looked  to.  Tumours  on  the  seat  of 
the  collar,  however,  are  not  unfrequently  met 
with ;  and  when  large,  they  must  either  be  cut 
out,  or  a  collar  must  be  used  of  such  a  construc- 
tion as  to  avoid  pressing  upon  them.  Except 
under  such  circumstances,  a  tumour  of  this  kind 
does  not  make  a  horse  unsound ;  if  he  is  bought 
entirely  for  the  saddle,  then  it  is  only  an  eye- 
sore ;  but  if  he  is  bought  to  go  in  harness, 
and  the  tumour  be  of  such  a  size  or  nature  as  in 
the  least  to  unfit  him  for  wearing  the  collar, 
then  the  horse  is  unsound. 


THPJ  FORELEG  AND  SHOULDER.  79 

The  Point  of  the  Elbow  is  sometimes  the  seat 
of  a  large  and  ugly  tumour,  produced  by  the 
heel  of  the  shoe  bruising  it,  when  the  horse  is 
lying  with  the  leg  bent  under  him. 

I  never  saw  a  case  where  it  interfered  with 
the  horse's  action ;  and  unless  it  does  so,  it  is 
merely  a  blemish,  not  an  unsoundness. 

The  Front  of  the  Knee  is  invariably  scrutinized 
with  the  utmost  severity  by  every  purchaser  at 
all  acquainted  with  horses.  If  the  hair  be  rubbed 
off,  it  is  a  symptom,  that  the  horse  has  at  some 
time  fallen,  and  injured  himself:  and  it  is  a  po- 
pular, though  erroneous  opinion,  that  if  he  has 
once  come  down,  he  will  be  ever  after  very  apt 
to  do  so  again.  This  error  has  had  its  origin 
in,  and  is  perpetuated  by,  the  fact,  that  some 
horses  come  down  very  frequently.  But  they 
do  so,  because  they  are  not  well  formed  for  the 
saddle ;  having  either  a  low  forehand,  or  a  heavy 
head,  or  an  upright  shoulder,  or  what  is  a  natural 
consequence  of  these  faults,  they  lean  so  much  over 
their  forelegs,  as  to  be  very  easily  thrown  on  their 
knees.  In  a  horse  that  is  known  to  fall  often,  some, 
or  all  of  these  defects  will  be  found  in  his  conform- 
ation, but  there  is  nothing  in  the  nature  of  the 
injury  of  the   skin,   that  can  at  all  make  him 


80  THE  FORELEG  AND  SHOULDER. 

liable  to  fall.  It  is  true,  however,  tliat  now  aim 
then  the  injury  has  been  such  as  to  affect  the 
joints,  and  the  bones  of  the  knee,  in  such  a  way 
as  partially  to  stiffen  it ;  but  this,  compared  with 
the  simple  injury  of  the  skin,  is  of  rare  occur- 
rence. It  is  an  easy  matter  to  ascertain  whether 
the  knee  joint  be  perfect  or  not ;  the  purchaser 
has  only  to  lift  the  foot,  and  bend  it  backwards, 
till  the  heel  of  the  shoe  touches  the  point  of  the 
elbow.  If  it  cannot  be  bent  so  far,  the  horse  is 
unsound,  unfit  for  quick  work,  and  liable  to  fall 
at  any  M'ork  on  a  rough  road,  or  in  deep  ground. 
But,  of  course,  the  degree  of  this  unfitness  and 
liability  will  depend  upon  the  degree  in  which 
the  knee  is  stiffened:  but  the  least  degree  con- 
stitutes unsoundness ;  and  I  may  observe,  that 
though  there  is  a  probability  of  the  evil  increas- 
ing, yet  there  is  none  of  its  decreasing:  and 
knowing  this,  the  purchaser  wnll  act  accord- 
ingly. 

When  the  hair  is  awanting  in  the  front  of  the 
knee,  the  horse  is  said  to  have  had  broken  knees, 
which  shows  how  the  evil  is  estimated.  It  is  a 
mere  blemish,  no  unsoundness  ;  unless,  as  I  have 
already  observed,  the  structure  of  the  joint  is 
affected. 


THE  FORELEG  AND  SHOULDER.       81 

Immediately  below  the  knee  joint,  on  the 
inside,  the  skin  will,  in  some  cases,  he  found 
abraded,  and  the  bone  enlarged.  This  is  produced 
by  the  opposite  foot  striking  it,  when  the  high- 
actioned  horse  is  trotting  fast.  It  is  denominated 
Speedy  cut,  and  is  only  objectionable,  as  indicat- 
ing bad  action,  but  is  no  unsoundness. 

Between  the  knee  and  the  fetlock  joint,  on 
the  inside,  and  some  way  between  the  knee  and 
the  middle  of  the  shank,  a  little  bony  tumour  is 
found,  called  Splent.  Few  horses,  after  a  year's 
work,  are  free  from  it.  At  its  commencement  it 
is  attended  with  considerable  lameness ;  yet, 
after  a  time,  the  lameness  goes  off,  and  we  can 
perceive  no  difference  between  the  action  or 
ability  of  a  horse  with,  and  one  without  splent ; 
unless,  indeed,  it  become,  through  neglect  or 
improper  treatment,  so  large  as  to  interfere  with 
the  motion  of  the  back  tendons.  When  it  does 
so,  the  horse  is  unsound :  but  not  otherwise. 

Strain  of  the  hack  tendons  is  a  very  common 
occurrence  in  the  horse,  and  more  especially  so 
in  heavy  draught  horses,  and  those  with  long 
and  slanting  pasterns.  When  it  has  been  severe 
it  is  a  long  time  before  the  attending  enlarge- 
ment is  entirely  removed ;  and  while  any  remains, 
the  leg  is  weak  and  easily  re-injured 


82  THE  FORELEG  AND  SHOULDEIl. 

I  would  here  remark,  that  in  every  actual  or 
suspected  case  of  enlargement,  of  any  part  of  the 
limbs,  the  examiner  may  make  up  his  mind  with 
precision  as  to  its  existence  or  non-existence,  by 
comparing  the  suspected  part  with  the  same  part 
in  the  opposite  leg :  for  it  rarely  happens  that 
both  have  the  same  disease,  but  when  they  have, 
the  degree  of  enlargement  differs,  which  is  enough 
to  show,  that  there  is  deviation  from  health.  So, 
the  enlargement  left  by  an  old  strain,  may  be  so 
slight,  as  not  to  be  recognised  by  the  eye,  yet 
detected  at  once,  })y  carefully  and  slowly  draw- 
ing the  thumb  and  first  two  fingers  down  the 
whole  length  of  the  back  tendons  of  each  leg. 
Some  staring  of  the  hair  may  hint  that  the  leg 
has  been  blistered,  and  may  strengthen  the 
opinion  you  have  formed,  after  comparing  the 
fineness  of  the  two  legs  by  your  hand. 

The  remnants  of  a  strain  in  the  back  tendons 
make  a  horse  unsound,  inasmuch  as,  though  he 
may,  at  the  time  of  sale,  appear  perfectly  free 
from  lameness,  yet  these  tendons  have  so  much 
work  to  do,  tliat  they  cannot  afiFord  to  lose  any 
of  their  original  strength. 

The  Fetlock  Joints  are  frequently  the  seat  of 
bony  and  tendinous  enlargement :  they  should, 
therefore,  be  well  examined  by  both  the  eye  and 


THE  FORELEG  AND  SHOULDER.  83 

the  hand.  When  enlargement  does  exist,  it  in 
almost  every  case  constitutes  unsoundness.  The 
inside  of  the  fetlock  joint  should  be  examined, 
to  see  if  the  horse  is  a  cutter,  that  is,  one  who 
strikes  the  fetlock  Avith  the  opposite  foot,  and 
cuts  the  skin.  Cutting  is  a  natural  defect  in  the 
animal's  conformation  or  action,  and  cannot, 
however  objectionable,  be  called  unsoundness. 

Windgalls  are  little  puffy  tumours  situated 
directly  above,  and  almost  on,  the  fetlock  joint. 
They  are  little  bags  containing  a  fluid  for  lubri- 
cating and  preventing  friction,  between  a  tendon 
and  two  little  bones,  which  it  here  passes  over : 
and  it  is  an  increase  of  this  fluid,  commonly 
called  joint  oil,  which  distends  the  containing 
bag,  and  constitutes  windgalls.  Few  horses 
are  without  them,  and  they  do  not  constitute 
unsoundness  ;  but  they  show  that  the  animal 
has  done  a  good  deal  of  work. 

The  Fetlock  is  sometimes  subjected  to  an 
operation,  which  may,  and  has  before  now,  aided 
the  roguish  seller,  and  cheated  the  purchaser. 
The  operation  is  called  unnerving,  and  is  per- 
formed, not  by  a  dealer,  but  by  a  veterinarian,  for 
the  purpose  of  destroying  sensation  in  the  foot  of 
an  incurably  lame  horse.  It  consists  in  making  an 


84  THE  FORELEG  AND  SHOULDER. 

incisioa  through  the  skin,  either  directly  above, 
or  below  the  fetlock  joint ;  and  then  dividing, 
or  even  entirely  removing,  a  small  portion   or 
the  nerves  that  supply  the  foot  with  sensibility. 
After  this,  the  groggy  horse  appears  perfectly 
sound :    but  it  must  be  remembered,  that  the 
disease  is  not  cured,  though  the  pain  and  lame- 
ness are  removed.     In  many  cases  the  disease 
goes  gradually  on,  till  the  horse  breaks  down, 
throws   off  the  hoof,  or,  in   some    other    way, 
becomes   quite   useless.     This   is   quite  a  com- 
mon  affair  in  England :    but   in   Scotland,  the 
operation  is  rarely  practised.     Where  it  is  per- 
formed merely  that  the  horse  may  be  got  rid 
of,  the  usual  result  is  that  which   I   have  just 
mentioned :   but  there  are   other  cases,   where, 
when   properly  performed,   it  makes  a  perfect 
cripple  serviceable  for  many  years,  and  is  a  useful 
operation,  notwithstanding  what  has  been  said 
against  it,  by  those  who  neither  know  how  nor 
when  to  perform  it.     But  the  purchaser,  who 
can  neither  know  why  nor  how  it  has  been  per- 
formed, should  never  buy  an  unnerved  horse. 

Sometimes  one,  and  sometimes  both  legs  are 
operated  upon  :  and  as  the  incisions  never  heal 
so  well  as  to  leave  no  trace  of  their  having  been 


THE  FOOT.  85 

made,  the  scar  in  the  skin  should  be  looked  for 
on  each  side  of  the  fetlock;  it  is  generally  under, 
though  sometimes  above,  that  joint. 

The  mere  division  of  the  nerve  would  only 
make  a  horse  unsound,  until  its  ends  unite,  as 
in  time  they  will ;  but  then,  the  operation  is 
almost  always  performed  for  a  disease  that 
always  remains  and  makes  the  horse  unsound 
for  life. 

The  Pastern,  or  space  between  the  fetlock 
joint  and  the  top  of  the  hoof  is  the  seat  of  a 
bony  tumour,  called  Ringbone.  It  may  be  dis- 
covered by  its  prominence,  and,  when  it  exists, 
it  constitutes  unsoundness.  But  many  a  horse 
has  worked  well  for  many  years  with  a  small 
ringbone. 


The  Foot. 

Side  bones.  Immediately  above  the  hoof,  at 
the  heels,  and  stretching  somewhat  forward  on 
each  side,  and  having  the  hollow  of  the  pastern 
between  them,  are  two  elastic  bodies,  called  by 
veterinary  surgeons  the  lateral  cartilages.  When 
in  health,  they  bend  inwards  and  a  little  out. 
11 


86  THE  FOOT. 

wards,  to  the  pressure  of  the  finger  and  thumb ; 
but  they  are  liable  to  a  disease,  which  renders 
them  partially  or  wholly  inelastic,  and  frequently 
makes  them  so  prominent  as  to  invite  attention. 
They  are  converted  into  bone,  and  stable-men 
say  the  horse  has  side  bones.  It  is  a  disease 
most  commonly  met  with  in  heavy  draught 
horses,  and  is  one  which  constitutes  unsound- 
ness, inasmuch  as  it  produces  more  or  less 
tenderness  in  all  its  stages  :  and  if  the  horse  has 
to  be  driven  about  a  town,  it  will,  in  time,  pro- 
ceed to  such  an  extent  as  to  make  him  a  perfect 
cripple ;  and  besides  that,  it  makes  the  bone  of 
the  foot  liable  to  fracture.  To  a  farmer,  how- 
ever, a  horse  having  side  bones  may  be  useful 
for  many  years,  at  any  work  where  the  ground 
is  soft,  and  the  pace  slow. 

Sandcrack  is  a  fracture  of  the  hoof,  or  a 
separation  of  the  fibres  composing  it.  The 
fissure  is  commonly  found  in  the  inside  quarter 
of  the  hoof,  and  varies  in  length  from  half  an 
inch  to  the  whole  depth  of  the  crust.  It  some- 
times occurs  in  the  market-place,  where  the 
horse  is  driven  violently  about  on  the  stones  ; 
and  the  buyer  should  therefore  look  for  it, 
because  it   may  be    so    small  as  otherwise  to 


THE  FOOT.  87 

escape  notice :  and  if  he  has  once  got  the  horse 
home  with  a  sandcrack,  there  is  little  or  no 
probability  of  getting  him  returned  :  for,  unless 
something  about  it  shows  that  it  has  been  treated, 
no  veterinary  surgeon  can  swear  that  it  existed 
prior  to  sale.  It  is  an  unsoundness,  however, 
if  it  did. 

Contraction.  The  foot  may  be  said  to  be 
contracted,  when  it  is  narrower  from  side  to 
side,  than  it  is  long  from  the  point  of  the  toe  to 
the  heel  of  the  frog.  Most  people  regard  a 
contracted  foot  as  being  a  great  detriment  to 
the  horse  :  but  it  frequently  happens  that  the 
very  people  who  do  so,  have  a  horse  whose  foot 
is  very  narrow,  without  their  being  aware  of  it ; 
which,  along  with  many  other  circumstances, 
shows,  that  it  is  not  so  serious  an  evil  as  is 
commonly  imagined.  Indeed,  there  are  very  iew 
well-bred  horses  above  the  age  of  seven,  thathave 
not  more  or  less  contraction  in  their  hoofs,  and 
yet  show  no  symptoms  of  being  in  the  least 
incapacitated  by  it.  A  fact  we  need  not  wonder 
at,  when  it  is  known,  that  where  the  contraction 
comes  on  very  slowly,  the  parts  within  accommo- 
date themselves  to  the  diminished  size  of  the 
lioof,  and  hence  we  have  a  small  foot,  which  of 


88  THE  FOOT. 

itself  would  scarcely  ever  be  deemed  an  objec- 
tion, if  it  were  not  known  that  lameness  is  so 
common  an  attendant  upon  it.  For  my  own 
part,  I  would  not  reject  a  horse,  merely  because 
its  feet  were  contracted,  provided  both  were 
equally  so,  and  free  from  heat  and  tenderness ; 
and  the  horse's  action  such  as  to  assure  me, 
that  no  disease  existed  in  the  foot  besides  the 
contraction :  and  therefore  though  I  never  pass 
a  horse  without  pointing  it  out,  yet  I  endeavour, 
at  the  same  time,  to  explain  its  harmlessness. 
But,  where  one  foot  is  smaller  than  the  other, 
it  alters  the  case :  1  am  then  certain,  that  there 
either  is,  or  has  been,  some  long-continued 
cause  of  lameness,  existing  either  in  the  leg  or 
foot :  and  the  discovery  of  that  in  many  cases, 
sufficiently  warrants  me  in  saying  that  the  horse 
is  unsound,  without  taking  any  notice  of  the 
smallness  of  the  foot,  which  may  here  be  only  a 
natural  consequence  of  the  animal's  setting  less 
weight  on  it  than  the  other.  Contraction  alone 
is  therefore  not  unsoundness. 

Thrush.  Every  man  at  all  acquainted  with 
horses  knows  a  thrush  when  he  sees  it  ;  and  I 
need  not,  therefore,  give  directions  for  discover- 
ing  It.     It    is    a  disease  very  frequently  met 


THE  FOOT.  89 

With,  and  one  that,  in  some  cases,  exists  in  so 
trifling  a  degree,  as  almost  to  escape  the  ohser- 
vation  of  a  superficial  examiner:  while,  in  other 
cases,  its  magnitude  is  such  as  to  give  the  foot 
the  appearance  of  being  "  rotten  for  good  and 
all."  Sometimes  it  consists  in  a  very  trifling 
discharge  of  matter  from  the  cleft  of  the  frog  : 
at  other  times,  the  frog  is  small,  ragged,  soft, 
and  useless.  It  is  the  various  degrees  in  which 
it  exists,  that  have  produced  the  great  diversity 
of  opinion  that  prevails  regarding  how  far  it 
constitutes  unsoundness :  one  party  contending 
that  a  tlirush,  in  every  case,  makes  a  horse  un- 
sound ;  and  another,  that  in  some  cases  it  does 
not.  The  question  has  been  tried  more  than 
once  in  a  court  of  justice  :  but  the  lawyers  aver, 
that  the  evidence  was  so  contradictory,  that  no 
general  rule  could  be  laid  down.  It  is  a  disease, 
as  I  have  already  observed,  so  common,  and  so 
seldom  attended  by  any  apparent  bad  conse- 
quences, that  few  people  object  to  it ;  and  I 
am  inclined  to  believe,  that  the  horse  is  often 
returned  to  the  seller  for  having  a  thrush,  when 
the  actual  objection  is  something  having  more 
alliance  to  some  fault  for  which  he  cannot  be 
returned.      The    purchaser    perhaps   rues    his 


90  THE  FOOT. 

bargain  :  the  horse  is  too  dear,  or  is  found  to 
have  some  defect  in  his  action  or  conformation, 
and  the  thrush  is  made  a  handle  of  to  get  rid  of 
the  horse  altogether. 

Not  long-  ago,  I  was  one  of  those  who  do 
not  consider  every  case  of  thrush  an  unsound- 
ness :  but  I  find  so  much  difiiculty  in  fixing  upon 
the  proper  degree  in  which  it  must  exist  to  do 
so,  that  I  now  consider  thrush  as  one  of  those 
diseases,  that,  strictly  speaking,  make  a  horse 
less  useful  than  he  would  be  without  it.  If  it 
be  neglected,  it  will  increase :  the  frog  will 
become  tender,  and  the  horse  shows  it,  when 
among  small  stones,  or  on  a  newly  metalled 
road.  The  foot  contracts  :  and  if,  at  this 
period,  any  attempt  is  made  to  dry  the  discharge, 
the  horse  becomes  lame,  unless  it  is  very  gradu- 
ally accomplished :  and  then  too,  not  an  unfre- 
quent  result  of  long  continued  thrush  is  a  much 
more  formidable  disease,  called  Canker,  which 
is  tedious  and  difficult  to  cure  ;  so  that  upon  the 
whole,  a  thrush  may  not  be  so  trifling  a  matter 
as  is  generally  considered.  It  is  an  unsound- 
ness, according  to  our  definition  of  that  word. 
I  am  aware,  that  in  its  commencement,  it  is 
very  readily  cured,  and  the  seller  never  fails  to 


'*#> 


THE  FOOT. 


91 


tell  the  purchaser  so :  but  why  does  he  not  cure 
it  himself?  Objections  aud  returns  would  then 
be  done  away  with,  at  least  as  far  as  thrush  is 
concerned. 

The  purchaser  will  infer  from  what  I  have 
just  said,  that  I  do  not  by  any  means  advise  him 
to  reject  a  horse  with  slight  thrushes,  or  even 
one  with  them  in  a  somewhat  advanced  stage, 
provided  the  horse  pleases  him  otherwise,  and 
he  gets  him  at  such  a  rate,  as  to  afford  the 
expense  necessary  in  curing  what  may  probably 
become  a  more  serious  evil. 

Corns  cannot  be  discovered  without  removing 
the  shoe ;  so  that,  when  you  suspect  their  exis- 
tence, you  had  better  accompany  the  horse  to 
the  forge,  the  first  time  he  goes  there  to  be  shod. 
They  are  found  at  the  extremity  of  the  sole, 
between  the  crust  of  the  hoof  and  the  bars  ;  and 
they  are  known  by  the  horn  at  that  part  being 
discoloured  with  blood.  If  the  blacksmith  can 
remove  this  reddish  horn  with  his  knife  without 
bleeding  the  foot,  there  is  nothing  to  fear  :  there 
has  been  a  corn,  but  there  is  not  now. 

If  corns  exist  in  such  a  degree,  as  to  render 
more  than  ordinary  care  necessary  in  shoeing, 
the  horse  is  unsound,  but  not  otherwise :  for  a 


■^' 


92  THE  FOOT. 

eoni  may  be  produced  by  an  ill  put  on  shoe,  the 
removal  and  properly  replacing  of  which  will 
remove  the  corn. 

Flat  soles  are  not  always  the  result  of  disease. 
When  they  are  so,  the  crust  (or  all  that  part  of 
the  hoof  exposed  to  view,  when  the  foot  stands 
on  the  ground)  runs  very  obliquely  from  the 
termination  of  the  skin  to  the  ground ;  and 
transversely,  it  is  marked  by  alternate  ridges 
and  furrows.  Such  feet  are  very  objectionable 
in  any  horse,  but  particularly  so  in  a  heavy  one, 
who  has  to  work  in  or  about  a  town  :  for  if  the 
feet  ev^er  again  become  inflamed,  there  is  every 
probability  of  the  sole  bulging  out,  and  becoming 
so  convex  as  to  render  the  animal  all  but  useless. 
Sometimes  the  foot  is  naturally  flat,  and  then  it 
does  not,  as  in  the  other  case,  constitute  un- 
soundness :  the  horse  having  the  diseased  flat 
foot  may  be  more  particularly  distinguished 
from  the  other  by  his  gait,  which  I  have  to 
speak  of  by  and  by,  wndi&v  founder. 

The  Shoe  should  be  looked  at,  in  order  to 
assist  in  determining  whether  or  not  the  horse 
cuts  himself.  If  a  bad  cutter,  he  will  either 
have  the  inside  branch  of  the  shoe  considerably 
thicker  than  the  outer  one,  or  he  will  have  a 


THE  CHEST  AND  QUARTERS.  95 

high  calkin  on  it,  and  the  nails  will  be  driven 
principally  in  the  outside,  and  round  the  toe  :  and 
the  hoof  will  hang  a  little  over  the  outer  edge  of 
the  inside  of  the  shoe.  I  have  already  mentioned, 
that  the  fetlock  should  be  examined  for  the  same 
reason  that  the  shoe  should  :  both  should  be  at- 
tended to. 


The  Chest  and  Quarters. 

Each  side  of  the  chest,  immediately  behind  the 
point  of  the  elbow,  should  be  examined,  to  dis- 
cover the  marks  left  by  blisters,  setons,  and 
rowels.  If  any  are  found,  it  will  be  pretty 
certain  evidence,  that  the  horse  has  had  inflam- 
mation in  the  lungs  ;  and  as  it  is  possible  the 
disease  may  not  have  left  these  organs  uninjured, 
the  wind  should  be  well  tried  oy  a  smart  gallop 
before  purchase. 

The  Shin  between  the  Forelegs  should  be  ex- 
amined for  the  same  marks,  and  for  the  same 
reason  that  the  side  should.  The  hair  staring, 
being  thin,  and  running  irregularly  in  different 
directions,  are  signs  that  a  blister  has  been  there 


^4  THE  CHEST  AND  QUARTERS. 

recently,  while  little,  bald,  and  somewliat  knotty- 
spots,  are  as  certain  signs  of  the  recent  use  of 
setons  or  rowels.  It  is  impossible  to  say  from 
these  appearances,  that  the  horse  is  unsound : 
they  only  show,  that  he  has  had,  or  been  treated 
for,  a  disease  which  often  makes  him  so. 

The  Haunch  hones  should  be  compared  with 
eacli  other,  to  see  that  they  are  equally  promin- 
ent :  for  sometimes  a  piece  is  broken  off  one  by 
accident.  The  examiner  will  see  this  best,  by 
standing  a  little  way  directly  behind  the  horse. 
If  but  a  small  piece  has  been  chipped  off,  and 
the  horse  does  not  seem  to  suffer  from  it,  he 
cannot  be  said  to  be  unsound :  and  he  is  only, 
therefore,  objected  to  for  the  deformity,  which, 
by  the  way,  is  sometimes  so  trifling,  as  to  exist 
without  the  owner  of  the  horse  being  at  all 
aware  of  it.  There  is  a  mare  Avorking  in  a 
stage-coach  in  the  neighbourhood  of  Glasgow 
just  now,  which  has  had  so  large  a  piece  broken 
off  the  haunch  bone,  as  to  form  a  deficiency  in 
the  prominence  of  the  belly  on  that  side ;  and 
vet  she  does  her  work  as  well  as  her  companion. 
But  I  should  think  she  would  be  unable  to  take 
any  thing  like  a  considerable  leap. 


THE  HOCK.  95 

The  Stifle  is  rarely  diseased,  but  any  enlarge- 
ment ot*  so  important  a  joint  must  be  considered 
as  an  unsoundness. 

The  Groin  is  now  and  then  the  seat  of  a  soft 
compressible  tumour,  varying  from  the  size  of 
an  egg  to  that  of  a  man's  head.  It  is  formed  by 
the  escape  of  a  portion  of  bowel  from  the  cavity 
of  the  belly,  and  is  tlie  same  with  what  is  de- 
nominated rupture  in  the  human  being.  It  is 
oftenest  met  with  in  the  stallion,  and  then  it 
occupies  the  same  bag  with  the  testicle.  But 
though  rupture,  or  hernia,  as  it  is  called  in 
medical  language,  is  oftener  met  with  in  stal- 
lions than  geldings,  yet  it  so  rarely  occurs  in 
either,  that  few  look  for  it.  It  can  do  no  harm 
however,  to  take  a  glance  at  the  groin,  and  see 
that  all  be  right. 

Hernia  is  decidedly  an  unsoundness. 

I  may  here  observe,  that  in  purchasing  a 
stallion,  the  testicles  ought  to  be  examined:  but 
the  assistance  of  some  one  acquainted  with  their 
healthy  structure  will  here  be  necessary. 

The  Hock. 
It  has    been   often  remarked,   that  the  foot 


96  THE  HOCK. 

before,  and  the  hock  behind  are  subject  to  more 
disease  than  any  other  part  of  the  horse.  It  is 
an  observation  founded  on  experience,  and  should 
not  be  forgotten  by  the  purchaser,  when  examin- 
ing those  parts. 

Capped  Hock  is  a  swelling  on  the  point  of  the 
hock,  produced  generally  by  the  horse  kicking 
in  the  stable  or  in  harness.  It  never  produces 
lameness  after  the  inflammation  which  accom- 
panies its  commencement  is  subdued,  and  is 
therefore  not  an  unsoundness  ;  but  it  is  an  ugly 
blemish,  and  one  that,  in  many  cases,  belongs  to 
a  vicious  horse. 

There  is  another  kind  of  swelling  on  the  point 
of  the  hock,  differing  from  the  former  by  being 
attended  with  lameness,  and  especially  so  after 
a  hard  day's  work;  consequently  it  is  an  unsound- 
ness ;  but  the  Veterinary  Surgeon  is  the  only 
person  fit  to  distinguish  between  this  and  the 
mere  blemish  :  though  as  both  hocks  are  rarely 
aflfected  in  this  case,  and  are  generally  so  in  the 
other,  the  purchaser  runs  less  risk  in  ge4;ting  u 
horse  with  two,  than  only  one  capped  hock. 

Curb  is  a  longitudinal  swelling,  found  at  the 
back  of  the  hind  leg,  and  three  or  four  inches 
directly  below  the  point  of  the  Iiock.     It  is  best 


THE  HOCK.  97 

seen,  when  the  examiner  stands  a  yard  or  two 
from  the  side  of  the  horse.  A  small  curb  does 
not  make  a  horse  unsound;,  neither  does  a  large 
one,  unless  the  horse  become  lame  from  it  when 
put  to  work,  which  rarely  (perhaps  never,  but 
under  over-exertion)  happens,  after  the  pain 
and  inflammation  are  removed  which  attended 
it  at  its  commencement. 

Thorough  Pin  is  a  tumour  of  the  same  nature 
as  windfalls,  and  is  of  no  more  consequence. 
It  is  situated  on  each  side  of  the  hock  joint, 
about  an  inch  above  and  behind  the  centre  of 
motion. 

JSone  Spavin  is  a  diseased  state  of  the  small 
joints  and  bones  which  enter  into  the  formation 
of  the  hock.  It  is  a  disease  of  very  frequent 
occurrence,  and,  with  the  exception  of  curb, 
almost  the  only  one  belonging- to  the  hock,  which 
produces  lameness.  To  discover  its  existence  is 
not  always  an  easy  matter :  on  the  contrary,  the 
horse  may  be  dead  lame  from  spavin,  and  yet 
the  most  skilful  veterinarian  is  unable  to  say  posi- 
tively, whether  the  lameness  proceeds  from  that 
disease  or  some  other.  Many  people  suppose, 
that  spavin  does  not  exist,  till  there  is  a  bony 
I 


98  THE  HOCK. 

swelling  perceptible  to  the  eye  :  but  this  is  quite 
erroneous,  for  as  bone  grows  very  slowly,  and 
as,  in  this  case,  inflammation  and  pain  are  at  first 
necessarily  combined  with,  and  must  even  precede, 
the  formation  of  the  bony  tumour,  it  follows, 
that  we  must  have  lameness,  long-  before  we  are 
informed  of  the  cause  by  external  enlargement. 
The  horse  with  spavin,  however,  is,  in  almost 
every  case,  lame  from  the  commencement  of  the 
disease,  till  the  hock  is  enlarged :  and  then  the 
lameness  subsides  into  stijffness :  and  then,  but 
not  before,  the  horse  is  offered  for  sale :  so  that 
the  purchaser  will  not  find  it  a  very  difficult 
matter  to  guard  against  spavin.  It  makes  its 
appearance  on  the  inside  of  the  leg,  and  most 
commonly  at  that  part  where  the  hock  joint 
terminates  and  the  leg  begins.  In  some  cases, 
both  hocks  are  affected:  but,  at  a  rough  guess, 
I  would  say,  both  are  not  equally  so  in  more 
than  one  case  out  of  a  hundred ;  and  it  is  the 
inequality  of  the  enlargement  that  will  enable 
the  examiner  to  decide  whether  the  hock  be 
naturally  large,  or  increased  in  size  by  disease. 
Let  the  eye  and  the  hand  be  both  used  in  com- 
paring the  hocks  with  each  other ;  and  look  at 


THE  HOCK.  99 

the  toe  of  the  shoe,  and  the  hoof,  to  see  if  they 
are  worn  away  by  the  horse  dragging  his  foot 
along  the  ground. 

Bone  spavin,  in  whatever  degree  it  may  exist, 
is  decidedly  an  unsoundness.  A  spavined  horse 
may  appear  to  do  his  work  well  for  a  long 
period  ;  but,  if  closely  observed,  he  will  be  found 
to  be  always  a  little  stifF,  and  that  stiifness  will 
never  entirely  disappear  ;  though  it  may  be  pre- 
dicted with  safety,  that  it  will  sooner  or  later 
end  in  downright  lameness,  unless  the  horse  is 
kept  at  work  which  never  requires  the  full  exer- 
tion of  his  powers ;  for  the  disease  is  of  such  a 
nature  as  in  most  cases  to  remain  stationary,  if 
the  cause  that  first  produced  it  is  not  re -applied 
— over-exertion,  and  over-weight. 

JBog  Spavin  is  a  swelling  in  the  front,  and 
rather  to  the  inside  of  the  hock,  on  the  centre  of 
the  joint.  It  is  of  the  same  nature  as  windgalls 
and  thorough  pin,  and  only  to  be  regarded  in 
the  same  light  as  these  two  indications  of  over- 
exertion. 

Over  the  middle  of  the  tumour,  constituting 
bog  spavin,  a  vein  runs,  which,  by  the  distention 
of  the  bag  beneath,  is  always  pushed  a  little  out 
of  its  place,  and  then  appearing  more  prominent. 


100  LAMENESS. 

the  groom  thinks  it  is  a  disease,  and  calls  it 
blood  spavin.  Dissection,  however,  and  measure- 
ment of  the  vein,  show  no  trace  of  disease, 
neither,  when  filled  with  wax  in  the  dead  sub- 
ject, does  it  appear  at  all  larger,  than  where 
neither  bog-  nor  blood  spavin  had  existed. 

Below  the  hock  joint,  the  leg-  should  be  exam- 
ined for  strains,  the  fetlock  for  enlargement, 
windgalls,  and  cutting,  the  pastern  for  ringbone, 
the  foot  for  side  bones  and  thrushes.  The  other 
diseases  mentioned  as  belonging  to  the  foreleg 
and  foot,  are  rarely,  and  some  of  them  never, 
seen  in  the  hind  foot. 

Suppose  the  purchaser  to  have  proceeded 
thus  far  in  his  examination,  he  will  next  have 
the  horse  trotted  upon  the  stones,  to  see  that 
he  is  not  lame,  either  before  or  behind.  I  need 
not  attempt  to  give  directions  for  discovering 
lameness,  for  no  man  should,  unaided,  buy  a 
horse,  if  his  knowledge  of  that  animal  be  too 
scanty  to  enable  him  to  discover  it  himself.  I 
may  observe,  however,  that,  as  lameness  in  the 
forefeet  or  legs  is  shown  by  the  motion  of  the 
animal's  head,  care  must  be  taken  that  the 
seller  do  not  hide  this  symptom  by  holding  the 
horse's  head  so  firmly,  as  to  prevent  its  up  and 


LAMENESS. 


101 


down  motion.  Let  the  horse  have  the  full  length 
of  the  rein  to  himseif,  for  his  head  is  fixed,  when 
the  groom  takes  what  he  calls  a  short  hold. 
The  horse's  action  should  at  this  time  be  attend- 
ed to,  for  if  he  be  tender  on  both  forefeet,  it  is 
much  less  likely  to  be  observed,  than  if  only  one 
were  affected.  A  groggy  horse  has  passed  often 
enough  for  "  warranted  sound,"  when  his  action 
would,  a  priori^  have  informed  an  experienced 
horseman  of  his  unsound  condition.  The  groggy 
horse  shuffles  his  feet  before  him  as  if  the  whole 
leg  were  stiff;  he  goes  very  near  the  ground, 
and  treads  so  lightly,  that  he  reminds  one  of  a 
"  cat  on  a  hot  girdle."  A  horse  with  such  action, 
is  called  by  stablemen  a  "  daisy  cutter." 

Lameness,  however  trifling,  or  from  whatever 
cause,  is  an  unsoundness :  and,  I  suppose,  no  one 
(excepting  of  course  our  small,  yet  gentlemanly 
dealer,)  would  buy  a  lame  horse,  without  know- 
ing the  cause  and  probable  termination  of  the 
lameness. 

Founder  is  a  name  given  to  an  inflammation  of 
the  foot,  which  frequently  leaves  bad  effects  be- 
hind it,  without  their  immediately  showing  them- 
selves in  an  altered  state  of  the  hoof.     In  many 


102  LAMENESS. 

cases,  the  horse's  action  shows  that  all  is  not 
right;  and  in  time  it  is  demonstrated  by  the 
descent  of  the  sole.  When  an  attack  of  founder 
has  permanently  injured,  yet  not  totally  ruined, 
the  foot,  it  will  he  discovered  by  the  peculiar 
way  the  foot  is  placed  on  the  ground,  when  the 
horse  is  in  motion.  Instead  of  coming  down 
almost  flat  from  the  toe  to  the  heel,  it  will  be 
observed,  that  the  heel  comes  first  in  contact 
with  the  ground:  and  if  the  horse  has  raised 
heels  on  his  shoes,  this  peculiar  tread  will  be 
rendered  more  conspicuous.  It  is  best  seen 
when  the  horse  is  trotting  in  a  straight  line 
towards  the  examiner.  Besides  setting  the  heel 
of  the  foot  down  before  the  toe,  the  foundered 
horse  projects  his  foot  forward  in  a  loose,  jerk- 
ing manner,  which,  of  itself,  is  a  characteristic 
symptom  of  this  disease.  The  state  of  the  hoof 
is  another :  mentioned  at  p.  92. 

This  disease,  for  disease  it  is,  though  only 
the  remnant  of  a  more  violent  one,  is  without 
doubt  an  unsoundness :  it  can  never  be  entirely 
cured,  and  will,  after  the  horse  has  had  a  hard 
day's  work,  so  much  increase,  as  to  make  him 
actually  lame :  and  if  he  be,  as  he  generally  is. 


STRING  HALT.  103 

a  heavy  horse,  and  has  to  do  quick  work  about 
a  town,  he  will  sooner  or  later  become  next  to 
useless  by  the  sole  becoming"  convex :  and  from 
first  to  last,  he  requires  particular  care  in  shoe- 
ing. 

StringJmlt,  or  Click  spavin^  as  it  is  sometimes 
termed  in  Scotland,  consists  in  lifting  one  or 
both  of  the  hind  legs  to  an  unnatural  height,  and 
in  a  convulsive  manner.  It  is  supposed  to  be  a 
disease  of  the  nerves,  but  its  nature  and  cause 
are  not  precisely  known  ;  for  dissection  throws 
no  light  upon  either.  We  might  expect,  that 
the  awkward  way  in  which  the  horse  uses  his 
legs,  would  very  soon  fatigue  him ;  but  it  does 
not  appear  so,  and  therefore  it  is  not  reckoned 
an  unsoundness.  It,  however,  gives  the  horse 
a  very  ungraceful  appearance. 

Disease  of  the  Loins,  is  indicated  by  the  un- 
steady motion  of  the  hind  legs ;  and  when  the 
horse  is  backed,  or  turned  smartly  round,  he 
threatens  to  fall.  In  every  case,  it  constitutes 
unsoundness :  and  the  cases  of  recovery  are  so 
few,  and  the  horse  is  so  useless,  that  he  had 
better  be  altogether  rejected. 


104  THE  LUNGS. 


The  Lungs. 

Anotlier  important  point  in  the  examination  or 
every  horse,  is  that  of  the  air  passages.  They  a:;^ 
very  subject  to  disease,  and  as  mueh  oi"  the 
horse's  utility  depends  upon  his  "  wind,"  it 
should  in  every  case  be  put  to  the  test. 

Broken  wind.  The  most  infallible  symptom 
of  this  disease,  is  the  peculiar  heaving  of  the 
Hank.  In  health  it  alternately  heaves,  and  falls, 
and  takes  as  much  time  to  do  the  latter  as  the 
former.  But  in  a  broken- winded  horse,  the 
flank  rises  about  half-way,  pauses  there  a  moment, 
then  goes  on,  and  drops  in  an  instant,  as 
if  suddenly,  and  forcibly  thrust  down.  In  this 
way  the  flank  falls  in  less  than  half  the  time  it 
occupies  in  rising  ;  and  this  is  the  chief  symptom 
of  broken  wind.  But  there  is  another,  when 
the  horse  is  made  to  cough,  by  compressing  the 
head  of  the  windpipe,  he  utters  a  short,  low, 
grunting  sound,  not  unlike  the  cough  of  an  old 
asthmatic.  It  is  not  the  clear  sonorous  cough 
of  a  horse  in  health.  Dealers  give,  or  aim  as  if 
they  were  going  to  give,  the  horse  a  blow  on  tlie 
bide,  whca  they  want  to  try  his  wind ;  aud  if 


THE  LUNGS.  105 

this  elicits  a  grunt  from  the  horse,  they  say  he 
has  diseased  lungs;  and  so  in  general  he  has; 
hut  not  always,  neither  does  he  always  make 
this  noise  when  he  has.  It  is  therefore  a  bad 
test. 

I  need  hardly  say  that  a  broken-winded  horse 
is  an  unsound  one.  Every  body  knows  it.  The 
disease  does  not  however  render  the  horse  use- 
less ;  on  the  contrary,  we  frequently,  meet  witli 
a  broken-winded  horse,  following  the  hounds  as 
well,  or  almost  as  well  as  the  best  in  the  field. 
But  to  do  so  he  must  be  well  taken  care  of,  and 
then  in  spite  of  all  care,  he  will  sometimes  be 
good  for  nothing.  The  least  change  of  diet,  or 
weather,  seems  to  have  a  singular  effect  upon 
him. 

I  have  heard  of  drugs  being  given  to  conceal 
the  symptoms  of  broken  wind,  and  tliey  certain- 
ly do  so  to  a  certain  extent,  and  for  a  short  time  ; 
but  I  know  of  no  method  by  which  the  imposition 
may  be  discovered,  except  his  peculiar  cough, 
which  cannot  be  altered  by  any  means. 

Roaring^  whistling,  wheezing,  piping,  puffing^ 
and  thick  wind,  are  names  given  by  stablemen  to 
diflFerent  stages,  or  modifications  of  one  or  two 
diseases  of  the  air  passages,  which,  by  partially 


108  THE  LUNGS. 

obstructing  them,  produces  a  noise,  varying  in 
character  according  to  the  seat,  and  degree  of 
the  disease. 

The  obstruction  is  rarely  so  great  as  to  produce 
any  noise  in  the  breathing  while  the  animal  is 
at  perfect  rest.  He  should  therefore  be  mount- 
ed, and  get  a  giillop,  either  up  hill,  or  in  deep 
ground,  or  sufficiently  far  on  any  ground,  to  in- 
crease the  breathing ;  and  if  the  examiner  does 
not  ride,  himself,  he  should  stand  close  to  the  horse 
as  he  comes  in,  that  the  unnatural  noise,  if  there 
be  any,  may  be  the  more  readily  heard.  When 
the  dealer  wants  to  conceal  the  noise  of  roaring, 
&c.,  he  takes  the  horse  out  a  considerable  dis- 
tance before  putting  him  to  the  gallop ;  and  in 
returning  he  slackens  the  pace,  so  that  the 
breathing  may  become  tranquil  before  the  horse 
reaches  the  examiner.  This  is  called  the  "  long 
trot." 

Roaring  of  all  kinds  constitutes  unsoundness. 

Immediately  after  the  horse  has  been  gallop- 
ped,  notice  should  be  taken  whether  the  acceler- 
ation in  the  breathing  be  greater  than  it  usually 
is  by  the  same  exertion  in  a  healthy  horse: 
for,  if  the  lungs  are  diseased,  the  breathing  will 
be   more    or   less  laborious.     Some  allowance, 


THE  LUNGS.  107 

however,  must  be  made  for  tlie  condition  the 
horse  is  in.  If  he  is  in  the  hands  of  a  dealer  it 
is  probable  that  for  weeks  before  he  has  had  no 
work  beyond  an  hour's  daily  walking  exercise  ; 
and  then,  he  has  been  fattened  like  a  cow  for  the 
bjitcher.  So  that,  between  indolence,  and 
abundance  of  food,  the  horse  has  been  brought 
to  such  a  state,  as  to  be  much  distressed,  by 
what  at  another  time  would  not  in  the  least 
incommode  him.  The  dealer  has  again  and 
again  suffered,  and  suffered  most  unjustly,  for 
selling  a  horse  in  this  state  ;  and  I  heartily  wish 
some  abler  hand  than  mine  would  take  up  the 
cudgels  in  his  behalf.  It  is  his  interest  to 
make  his  goods  look  as  well  as  they  will ;  and 
in  order  to  do  so  he  allows  the  horse  plenty  of 
soft  food,  and  gives  him  little  or  no  work  :  then 
there  is  accummulation  of  f?it — a  sleek  glossy 
coat ;  and  the  animal  appears  in  high  condition, 
and  sufficiently  vigorous  for  any  work ;  but 
he  is,  notwithstanding,  a  thing  of  mere  show ; 
he  has  plenty  of  fire  but  no  vigour.  The  pur- 
chaser, however,  is  not  aware  of  this  ;  and,  proud 
of  his  splendid  new  horse,  he  thinks  nothing  of 
knocking    him    about  at   the    rate    of    twelve 


166  THE  LUNGS. 

or  fourteen  miles  an  hour,  or  perhaps  he  at 
once  goes  "  a-hunting."  Now  what  is  too 
frequently  the  result  of  this  absurd  treatment  ? 
Why,  what  can  be  expected,  but  that  the  horse 
should  sometimes  drop  under  his  thoughtless 
rider?  or  what  needs  he  wonder,  if  on  getting 
home  he  finds  his  horse  ill — bad  with  inflamed 
lungs — and  in  a  day  or  two,  dead  ?  Then  comes 
the  injustice  of  the  thing.  The  purchaser  takes 
it  into  his  head,  or  perhaps  his  groom  or  black- 
smith puts  it  in  for  him,  that  the  horse  must  have 
been  unsound  when  sold.  A  lawsuit  accord- 
ingly commences — some  pretending  old  fool  of 
a  farrier,  who  could  not  for  his  life  tell  whether 
a  certain  part  were  sound  or  diseased,  swears 
that  he  opened  the  horse  and  found  him  "  rotten 
— rotten  as  a  pear,  and  long  unsound."  It  is  not 
inquired  whether  or  not  this  witness  is  com- 
petent to  give  evidence  in  such  a  case  ;  but  the 
court,  taking  that  for  granted,  gives  a  verdict 
in  favour  of  the  buyer.  And  thus  the  seller 
suffers  in  pocket  and  in  reputation,  because  one 
man  did  not  know  how  to  take  care  of  a  horse, 
and  another  did  not  know  that  a  disease  may 
be  set  up  and  end  in  death,  in  six  and  thirty 


THE  LUNGS.  109 

hours.  It  IS  very  clear  that  justice  can  never 
be  administered  while  quacks  are  allowed  to 
give  evidence,  (at  least  if  their  evidence  is  allowed 
to  have  any  weight,)  on  a  thing  they  know  no 
more  about  than  the  thing  does  about  them. 

And  another  thing,  the  dealer  always  goes 
into  court  like  a  dog  with  a  bad  name.  It  is 
supposed  that  he  must  have  known  of  the  un- 
soundness, and  consequently  when  the  cause  is 
tried  before  a  jury,  their  minds,  in  spite  of 
themselves,  are  biassed  in  favour  of  the  simple 
buyer ;  and  that,  coupled  with  their  ignorance 
of  horse  affairs,  and  the  perplexity  introduced 
by  the  contradictory  statements  of  ignorant  and 
incompetent  witnesses,  make  a  lawsuit  in  this 
particular  case,  at  best  a  mere  lottery  :  a  lottery 
too  where  the  parties  have  very  unequal  chances. 
These  remarks  are  not  out  of  place.  They  are 
intended  as  advice  to  the  purchaser.  Let  him 
recollect  that  his  new  horse  is  not  fit  for  any 
thing  like  hard  work,  until  he  has  been  prepared 
for  it  by  daily  and  gradually  increasing  exertion. 
And  where  a  horse  does  die  shortly  after  sale, 
get  a  Veterinary  Surgeon  to  examine  the  body ; 
he   is    the    only    competent   person    to    decide 

K 


110  THE  LUNGS. 

whether  the  cause  of  death  existed  prior  to, 
or  was  produced  after,  sale.  And  if  he  is  doubt- 
ful, get  another,  "  two  heads  are  better  than 
one  :"  and  in  such  a  case,  if  an  amicable  arrange- 
ment can  be  made  with  the  seller,  it  is  better 
than  rushing  into  a  court  of  justice,  where  no 
one  can  tell  who  is  to  lose  or  who  to  win. 
Those  who  want  an  illustration  of  this,  will  find 
one  in  this  month's  (August,  1833)  "Veteri- 
narian," where  it  is  stated  that  a  horse  was 
bought,  and  soon  after  died,  nobody  knew  what 
he  died  of,  and  yet  the  purchaser  pursued  the 
seller,  and  recovered  the  full  price  of  the  horse, 
with  costs.     So  much  for  law. 


I  N  D  E  X. 


PAG  B 

Action,  peculiarity  of  the,  in  horses  that  have  had  an 

attack  of  founder, 101 

Action,  peculiarity  of  the,  in  groggy  horses,      .         .  101 
Age  of  the  horse,  how  ascertained  by  the  teeth,          .  67 
Age  of  the  horse,  how  ascertained  by  his  general  appear- 
ance,         73 

Back,  the,  weak  when  too  long,          .         .         .         .  10 
Back  tendons,  the,  should  not  be  tied  in  under  the  knee,  18 

Back  tendons,  disease  of  the,  how  discovered,    .         .  81 

Bishopping,  a  fraud  upon  the  purchaser,            .         .  79 

Blindness  from  palsy  of  the  optic  nerve,    ...  50 

Blood  spavin,  what, 99 

Bog  spavin,  nature  of,  not  an  unsoundness,       .        .  99 

Bone  spavin,  definition  of, 97 

Bones,  use  of  the, 3 

Broken  knees  do  not  make  the  horse  liable  to  fall,     .  79 

Broken  wind,  symptoms  of, 104 

Buck  eyes,  what, 48 

Capped  hock,  two  kinds  of 96 

Caswell,  V.  Coare,  case  of,           •         ....  34 

Cartilages  of  the  foot  sometimes  converted  into  bono,  85 

Cataract,  how  discovered, 48 

Chronic  cough  generally  considered  an  unsoundness,  54 


112 


INDEX, 


PAGE 

Crib-biting,  trial  concerning,  .  .  .  ;  .  56 
Croup,  drooping  of  the,  characteristic  of  the  Irish  horse,  10 

Cold,  common,  symptoms  of, 63 

Conti'action  of  the  foot,  not  a  disease  of  itself,  .  .  87 
Corns,  an  unsoundness  when  such  as  to  require  more 

than  ordinary  care  in  shoeing,  ....  91 
Cough,  chronic,  generally  regarded  as  an  unsoundness,   64 

Cow  hocks,  what,       , 15 

Curtis,  V.  Hannay,  case  of, 86 

Cutting,  not  a  disease,  arises  from  defective  action,      83,  92 

Delivery,  laws  relating  to, 23 

Earnest  money  must  be  given  to  bind  the  bargain,  .  24 
Elbow,  the  point  of  the,  occasionally  the  seat  of  a  tumour,  79 

Eye,  examination  of  the, 48 

Fieldei",  v.  Stai'kin,  case  of, 85 

Fetlock  joint,  liable  to  enlargement,  ...         82 

Flat  soles,  not  always  a  consequence  of  disease,  .         92 

Fraud,  laws  relating  to, *>^ 

Foot,  examination  of  the,  for  diseases,        ...         85 

Foot,  natural  shape  of  the, 78 

Fore  legs,  diseases  of  the, 7!i 

Fore  legs,  position  of  the, 1  ^ 

Founder,  often  leaves  the  foot  in  a  diseased  condition,     101 

Glanders,  symptoms  of, 61 

Glands  between  the  bones  of  lower  jaw  enlarged  in 

glanders, 6fi 

Grogginess,  symptoms  of,  .         .         •  •10) 

Hind  leg,  diseases  of,  ....  9^ 

Hip  down,  fracture  of  the  haunch,     .         .  .94 

Hips,  ragged,  a  defect  in  the  form  of  the  loins,  11 


INDEX.  113 

PAGE 

Hock,  examination  of  the,  for  disease,       ...  95 

Knees,  broken,  not  an  unsoundness,           ...  79 

Knees,  defects  in  conformation  of  the,       ...  13 

Knees,  sometimes  partially  stiiFened,          •        .         .  30 

Lameness,  in  every  case  constituting  unsoundness,    .  101 

I^oius,  disease  of,  how  discovered,       ....  103 

Lungs,  how  examined,       .         ;        .         .         .         .  104 

Mange,  an  unsoundness,             20 

Mark  of  the  teeth,  use  of,  in  ascertaining  the  horse's  age,  67 

Moon  blindness, 48 

Muscles,  the,  the  active  organs  of  motion,          .         .  2 

Narrow  chest,  a,  disadvantageous,      ....  9 

Neck,  the,  should  be  light  in  all  saddle  horses,            .  7 

Nerves,  division  of  the,  at  fetlock  joint,     ...  83 

Nostrils,  discharge  from,             61 

Nostrils,  a  plug  sometimes  purposely  placed  in  them,  52 

Nostrils,  should  be  large  in  all  horses,        .         .         ,  7 

Nostrils,  tumours  occasionally  found  in  them,  .         .  52 

Pasterns,  length  of,  varying  in  different  breeds,         .  13 

Puffing  the  glims,  a  trick  of  the  dealer,      ...  74 

Quarters,  the,  should  be  well  furnished  with  muscle,  11 

Ragged  hips,  a  defect  in  the  loins,      .         .         .         .  11 

Ringbone,  an  unsoundness,        .....  85 

Roach  backed,  what,          .        .         .        .        .         .  10 

Roaring,  method  of  discovering,        ....  105 

Rupture,  occasionally  met  with  in  horses,          .        .  95 

Saddle  back,  disadvantages  of,            .         .         .         .  10 

Sale,  laws  regarding, 22 

Shillitce,  v.  Claridge,  case  of,      .         .        .         .         .  33 

Shoulder,  form  of, 12 


]  14  INDEX. 

I  *...•? 

Shoulder,  tumours  on,       ..••..  78 

Side  bones,  what,       .         .        .         ....  85 

Soundness,  definition  of,    ......  17 

Spavin,  blood,  not  a  disease, 99 

Spavin,  bog,  not  an  unsoundness,       ....  99 

Spavin,  bone,  hovr  discovered, 97 

Speedy  cut,  what 87 

Spine,  sunk  in  saddle-backed  horses,          ...  10 

Spine,  sunk  in  old  horses, 73 

Splint,  not  an  unsoundness, 81 

Strain  of  back  tendons,  remains  of,  an  unsoundness,  81 
Stringhalt,  not  an  unsoundness,        .         .         .         .103 

Teeth,  the,  as  indicating  the  horse's  age,    ...  67 

Teeth,  state  of  the,  in  crib-biters,      .        .         .        .  65 

Tendons,  back,  how  they  should  be  examined,  .         .  81 

Thick  wind,  symptoms  of,          .....  105 

Thorough  pin,  not  an  unsoundness,  ....  97 

Thrush,  not  to  be  disregarded,            ....  88 

Unsoundness,  definition  of, 17 

Vice,  definition  of, 42 

Warranty,  doctrine  of, 26 

Warranty,  express,     .....  .27 

Warranty,  form  of,    .......  41 

Warranty,  implied, 27 

Warranty,  qualified, 42 

Windgalls,  nature  cf,          ......  83 

W^ithers,  high,  important  for  safety,          .         .         .  b 
THE  END. 

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In  One  Volume  Foolscap  8vo.,  Price  7s. 

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and  Surgeons  of  Glasgow. 

Contents. — Chapter  1.  Introduction.  2.  Sleep  in  Gene- 
ral. 3.  Dreaming.  4.  Prophetic  Power  of  Dreams.  5. 
Night- Mare.  6.  Day- Mare.  7.  Sleep- Wallsing.  8.  Sleep- 
Talki«g.  9.  Sleeplessness.  10.  Drowsiness.  11.  Protracted 
Sleep.  12.  Sleep  from  Cold.  13.  Trance.  14.  Waking 
Dreams.  16.  Spectral  Illusions.  16.  Reverie.  17.  Ab- 
straction. 18.  Sleep  of  Plants.  19.  General  Management 
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**  The  Second  Edition  has  been  enriched  with  many  im- 
portant additions  ;  in  particular  a  long  chapter  on  Spectral 
Illusions — one  of  the  most  interesting  portions  of  the  work. 
We  have  seldom  met  with  a  work  more  worthy  of  a  place  in 
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we  must  say  that  we  consider  it  to  be  one  of  the  most  valua- 
ble and  amusing  books  of  philosophy  we  have  met  with  for 
this  long  time  past." — London  Medical  Gazette. 

"  A  work  which  will  be  perused  with  interest  and  delight. 
It  may  be  considered  the  most  valuable  contribution  which 
philosophy,  poetry,  and  physical  science  in  agreeable  com- 
bination, have  lately  made  to  the  illustration  of  the  study  of 
man's  nature,  viewed  in  close  alliance  with  his  *  being's  end 
and  aim.'  " — Edinburgh  Weekly  Journal, 


6 

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The  Book  of  Aphorisms. 

BY  A   MODERN  PYTHAGOREAN. 

"  We  should  have  noticed  this  spirited  and  delightful 
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doing  so,  had  its  tendency  and  nature  been  in  the  least 
degree  ephemeral ;  but  to  the  reader  of  the  Anatomy  of 
Drunkenness  and  the  Philosophy  of  Sleep,  it  will  require 
no  rhetorical  effort  of  ours  to  show  that  no  serious  and 
deliberate  publication  of  Dr.  Macnish's  can  be  so.  These 
two  acknowledged  works  have  been  before  the  world  for 
years — th-ey  rose  instantly  into  popularity,  and  continue 
popular ;  and  we  have  no  doubt  that  this  last  brochure,  '  to 
make  a  third  will  join  the  former  two,'  in  the  good  graces 
of  the  reading  public.  These  Aphorisms  exhibit  keen 
observations  of  life,  manners,  and  authorship — are  gilded 
with  the  play  of  a  delightful  fancy ;  and  without  the  cynical 
moroseness  of  Rochefoucault,  the  pert  paradox  of  Hazlitt, 
or  the  sententious  indelicacy  of  Sterne  ;  convey  wholesome 
advices,  and  pleasant  remarks,  in  a  way  that  cannot  fail  to 
amuse  while  they  instruct.  Some  are  on  light  subjects,  and 
some  on  weighty ;  and  number  three  never  predicts  what 
number  four  is  to  tell  us  ;  but  the  variety  is  of  itself  charm- 
ing, and  we  sit  down  as  it  were  to  a  breakfast  a  la  fuurchette^ 
where  one  helps  himself  to  tea,  and  another  to  coffee,  a  third 
commencing  with  a  sliced  tongue,  and  a  fourth  with  devilled 
turkey,  while  a  fifth  prefers  broiled  salmon  steak,  and 
wonders  at  a  sixth,  his  neighbour  who  is  gobbling  up  Ger- 
man sausage, 

"  To  review  such  a  book  as  the  present,  which,  so  far  a9 
matter  goes,  has  neither  beginning,  middle,  nor  end,  and 
which,  like  the  Hebrew,  we  may,  if  we  choose,  begin  t« 
read  backward,  were  a  preposterous  undertaking.  The 
only  way  is  to  give  a  dozen  consecutive  Aphorisms,  by  way 
of  extract,  opening  the  book  at  random. 

"  He  who  could  write  these  six  hundred  and  seventy-live 
Aphorisms,  could  readily  add  a  thousand  more  to  them. 
Let  him  do  so,  and  that  speedily,  in  the  shape  of  a  second 
series.  When  both  are  bound  together,  they  will  make  a 
delightful  travelling  companion. 

"  The  getting  up  is  exquisite  in  every  respect.  Well  done, 
Glasgow  !" — Edinburgh  Evening  Post. 


IX. 

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Containing  a  Body  of  Original  matter,  nowhere  to  be  met 
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able. The  Sermons  are  by  the  most  eminent  living 
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Scottish  Pulpit,  Vol;  III. — "  We  hail  the  appearance  of 
this  volume  with  much  pleasure.  The  extensive  sale  which 
the  work  enjoys,  and  deservedly  enjoys,  is  a  favourable 
symptom,  or  rather  a  gratifying  proof,  that  feelings  of 
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land.  It  would  very  greatly  benefit  society  were  such  writ- 
ings to  become  much  more  prevalent,  and  take  the  place  of 
those,  which  under  the  name  of  politics  or  political  economy, 
and  under  the  pretence  of  teaching  the  art  of  Government, 
are  souring  men's  minds,  and  rendering  them  turbulent, 
discontented,  and  unhappy.  It  signifies  very  little  for  a 
man  to  have  his  head  stuffed  with  crude  undigested  know- 
ledge, which  he  probably  will  never  have  an  opportunity  to 
apply  ;  but  not  so  with  the  knowledge  here  communicated, 
because  it  is  such  as  deeply  interests  every  man,  not  only  in 
his  passage  through  this  transitory  scene  of  life,  but  in 
future  and  endless  ages.  The  present  volume  contains 
upwards  of  70  sermons,  some  of  them  by  the  most  eminent 
ministers  of  which  Scottish  Ecclesiastical  Literature  can 
boast,  while  others  are.  from  pens,  whose  owners,  though 
not  yet  perhaps  much  known  to  fame,  are  in  the  fair  way  of 
obtaining  it,  if  the  sermons,  under  notice,  be  fair  criteria 
of  their  merits.  The  volume,  in  addition  to  its  other  pro- 
perties, is  very  handsomely  printed.  It  is,  moreover,  em- 
bellished with  a  portrait  of  the  late  Rev.  John  Geddes,  of 
whom  a  memoir  is  given.  We  recommend  the  volume,  not 
as  one  worthy  of  a  single  perusal,  and  then  to  be  laid  aside 
and  forgotten,  but  as  one  that  may  be  perused  and  re- per- 
used with  increasing  pleasure  and  increasing  profit."— 
Paisley  Advertiser. 

"  I'he  third  volume  of  this  excellent  body  of  practical 
theology  is  completed ;  and  its  merits,  we  think,  are  even 
greater  than  those  of  the  volumes  by  which  it  was  preceded. 
There  is  a  marked  improvement  in  the  style  of  the  sermons, 


8 

bod  to  account  for  the  superiority  is  not  difficult.  The 
utility. of  the  work  is  now  established,  and  clergymen,  appre- 
ciating its  merits,  and  knowing  its  extensive  circulation, 
select  with  care  .the  sermons  they  wish  to  appear  in  its  pages. 
The  Scottish  Pulpit  is  a  publication  in  which  Christians  of 
every  denomination  are  interested.  With  party  it  has 
nothing  to' do.  The  diffusion  of  Christianity  is  its  object, 
in  a  mode  cheap,  convenient,  and  elegant.  In  this  age  of 
cheap  publications  the  idea  of  furnishing  two  sermons  foi 
twopence  seemed  to  be  merely  the  speculation  of  an  ardent 
mind.  The  attempt,  however,  pleased  the  religious  public 
—the  variety  of  the  work  continued  to  excite  attention — its 
substantial  matter  ensured  approbation,  till,  from  ranking 
as  a  weekly  production,  it  has  assumed  the  loftier  station  of 
a  standard  publication  of  practical  divinitj\  Nor  is  thia 
strange.  The  sermons  generally  are,  what  such  productions 
should  be,  calculated  to  improve  the  understanding  and  aifect 
the  heart,  and  from  the  peculiar  circumstances  under  which 
they  are  furnished,  they  have  an  uhction  which  iew  printed 
sermons  possess.  This  publication,  therefore,  has  just  claims 
for  general  diffusion.  Is  the  Christian  fond  to  possess  a 
sermon  of  his  beloved  minister?  In  the  stillness  of  the 
Sabbath  evening  does  he  wish  a  work  suitable  for  that  day, 
and  in  unison  with  his  feelings?  Does  the  father,  in  the 
domestic  circle  on  that  evening,  require  a  publication  to 
instruct  the  minds  of  his  household,  and  improve  their 
hearts  ?  Is  the  Christian,  in  the  seclusion  of  a  sick  cham- 
ber, desirous  of  spiritual  comfort  ? — to  ail  these  classes,  how 
diversified  soever  their  circumstances,  the  Scottish  Pulpit  is 
peculiarly  adapted.  The  religious  sailor,  will  find  this  work 
most  suitable  for  a  spare  hour  on  Sunday.  It  will  remind 
him  of  home,  of  his  duty  to  himself,  to  his  neighbour,  and  to 
his  God.  The  pious  shipmaster,  who  assembles  his  crew 
for  religious  purposes  on  Sabbath,  would  consult  his  own 
interest,  and  the  spiritual  welfare  of  those  for  whom  be  is 
deeply  responsible,  by  adding  to  his  religious  exercises  a 
selection  from  the  pages  of  this  work.  We  heartily  recom- 
mend this  publication  to  the  patronage  of  the  religious  pub- 
lic; known,  its  merits  will  be  acknowledged;  and  we  are 
proud  to  hijye  this  work  associated  with  the  literature  of 
Scotland.  It  is  worthy  of  her  press  and  of  her  pastors  ;  and 
the  publishers  merit  the  warmest  thanks  for  the  manner ,in 
which  the  Scottish  Pulpit  has  been  conducted,  and  we  sin- 
cerely trust  their  past  and  continued  exertions  will  be  fairly 
appreciated."—  Greenock  Advertiser. 


NEW  Edition,  Corrected,  First  Series  complete,  Five 
Volumes  8vo.  Price  £2. 

The  Glasgow  IVEechanics'  Maga- 
zine« 

Great  pains  have  been  bestowed  upon  the  present  Edition 
of  this  work  in  its  progress  through  the  press.  Articles 
of  temporary  interest  have  been  excluded,  and  in  their 
place  has  been  substituted  such  matter  as  will  always 
prove  useful  to  the  man  of  science,  thus  rendering  the 
work  one  of  permanent  utility  on  every  subject  connected 
with  Science  and  the  Arts. 

♦•  However  much  we  have  been  led  from  time  to  time  to 
speak  in  admiration  of  the  work  of  a  similar  kind  to  this 
liovv  Publishing  in  London,  we  cannot  help  expressing  our 
opinion  as  still  higher  of  the  Glasgow  Mechanics'  Magazine. 
It  appears  to  be  conducted  by  a  set  of  practical  men,  who 
understand  well  what  they  are  about,  and  who  are  well 
calculated  to  execute  the  task  they  have  undertaken.  The 
plates  are  all  engraved  on  copper,  and  in  a  manner  not 
inferior  to  the  most  expensive  Scientific  Journals  now 
publishing.  All  the  London  cheap  Periodicals  have  only- 
got  wood  engravings,  which  do  not  and  cannot  show  the 
minute  lines  of  Machinery  half  so  well  as  a  copperplate 
•ngraving." — Leeds  Mercury. 

XL 

TWENTY-SEVENTH  EDITION. 

The  Scottish  Martyrs. 

In  Two  Large  Volumes  8vo., 

Biographia  Scoticana: 

Or  a  Brief  Historical  Account  of  the  Most  Eminent 
SCOTS  WORTHIES,  Noblemen,  Gentlemen,  Min- 
isters, and  othei's,   who  Testified  or   Suffered  for  the 


10 

Cause  of  the  Reformation  in  Scotland,  from  the  begin- 
ning of  the  Sixteenth  Century  to  the  Year  1688 ;  orig- 
inally collected  by  John  Howie  of  Lochgoin  ;  now  Re- 
vised, Corrected  and  Enlarged,  by  a  Clergyman  of  the 
Church  of  Scotland,  and  Enriched  with  a  Preface  and 
Notes,  by  Wm.  M' Gavin,  Esq.,  Author  of  "  The  Pro- 
testant," &c. 
Volume  I.  contains  Memoirs  of  the  Lives  of  the  Worthies. 
Volume  II.  contains  the  "  Last  Words  and  Dying  Tes- 
timonies," "  Cloud  of  Witnesses,"  "  Naphtali,"  &c.  &c. 
— To  those  who  are  already  in  possession  of  the  first 
volume  of  this  work,  the  second  will  be  found  an  indis- 
pensable requisite,  as  without  it  the  book  is  incomplete, 
and  is  deficient  in  by  far  the  most  important  and  inter- 
esting portion  of  the  Biography  of  the  Scottish  Reform- 
ers. 

"  This  is  by  far  the  best  edition  of  this  most  remarkable 
W'ork  that  has  ever  seen  the  light.  He  is  not  worthy  the 
name  of  a  Scot,  who  can  be  indifferent  to  the  story  of  these 
immortal  champions." — Evangelical  Magazine. 

"  We  hail  with  pleasure  this  new  and  greatly  improved 
Edition.  The  external  appearance  is  very  creditable  to  the 
Publisher,  and  we  have  no  doubt  his  well-meant  zeal  in 
publishing  an  improved  edition  of  a  work  that  must  ever  be 
dear  to  pious  minds,  will  meet  with  the  encouragement 
which  it  unquestionably  deserves." — JEdinburgh  Christian 
Instructor, 

XIL 

SECOND  EDITION  OF  THE  NEW  GAELIC  DICTIONARY. 

Now  ready,  in  one  handsome  Octavo  Volume,  dedicated  to 
his  Grace  the  Duke  of  Gordon,  Price  21s. 

IL  Dictionary  of  the  Gaelic  Zian- 
guage, 

Containing  many  more  Words  than  the  Quarto  Diction- 
aries; with  their  significations  and  various  meanings  in 
English;  illustrated  occasionally  by  suitable  Examples 
and  Phrases,  and  Etymological  Remarks.  The  first 
Part  contains  Gaelic- English,  the  Second  English- Gaelic, 
which  are  given  much  fuller  than  in  any  of  the  Quarto 


11 

Dictionaries.     By  the  Rev.  Dr.  M'Leod,  Campsie, 

the  Rev.  Principal  Dewar,  Aberdeen. 

"  The  Rev.  Drs.  M'Leod  and  Dewar  are  already  advan- 
tageously known  to  the  public  as  eminent  Gaelic  Scholars, 
and  we  think  their  Dictionary  promises  fair  to  extend 
their  reputation  as  benefactors  to  the  Highlands.  *  *  * 
The  present  publication  will  have  all  the  advantages  of  an 
abridgment  from  the  Society's  large  work,  with  some 
peculiar  to  itself,  as  being  to  a  considerable  extent  original. 
Many  new  words  are  added,  and  new  phrases  are  given, 
especially  with  regard  to  the  changes  eifected  upon  the 
word  by  prepositions^  prefixes,  and  affixes,  which  are  very 
common  in  Gaelic.  To  the  Highland  Student  and  the 
Highland  Minister  it  is  unnecessary  to  recommend  it,  since 
we  know  that  by  them  such  a  work  has  been  long  wished 
for  ;  and  a  slight  glance  at  the  present  will  be  sufficient  to 
convince  them  of  its  value." — Edinburgh  Literary  Journal, 
Dec.  1829. 

"  We  have  now  the  complete  work  before  us,  and  we  are 
much  pleased  to  find  that,  instead  of  cause  to  retract,  w«5 
have  rather  to  add  to  the  praise  we  formerly  felt  it  our  duty 
to  bestow  on  the  labours  of  Drs.  M'Leod  and  Dewar."— 
Ibid.  Jan.  1831. 

XIII. 

The  Craelic  Messenger. 

Conducted  by  tne  Rev.  Dr.  IM'Leod  of  Campsie,  assisted 
by  a  numerous  circle  of  Celtic  Scholars.  Complete  in 
2  Vols,  in  Boards,  price  6s.  6d.  each,  or  with  the  Sermons 
8s.  each  Vol. 

"  This  is  truly  a  literary  curiosity.  A  periodical  in  the 
language  of  Ossian.  We  congratulate  our  Highland 
countrymen  in  particular,  and  the  friends  of  knowledge  and 
civilization  in  general,  upon  the  appearance  of  this  excellent 
Miscellany." — Edinburgh  Library  Gazette. 

XIV. 

The  Notation  of  Music  Fimplified  5 

Being  the  Development  of  a  System,  in  Avhich  the  Charac- 
ters employed  in  the  Notation  of  Language  are  applied  to 
the  Notation  of  Music.     By  Alexander  Macdonald. 


12 

XV. 

Seventh    Edition,  neatly  done  up  in  pocket  size,  Price  Is. 

A  Catechism  of  Phrenology, 

Illustrative  of  the  Principles  of  that  Science.     By  a  Mem- 
ber of  the  Phrenological  Society  of  Edinburgh. 

1^^  This  Work  contains  all  that  is  requisite  for  the  infor- 
mation of  the  General  Reader  on  Phrenology.  AU  the 
leading  Facts  and  Principles  of  the  Science  are  fully 
detailed,  and  the  whole  is  illustrated  with  Engravings. 

"  The  utility  of  this  manual  is  unquestionable,  for  what- 
ever progress  the  science  it  is  intended  to  illustrate  may  be 
making,  it  is  evident  that  its  study  should  not  be  entirely 
omitted  even  in  the  most  general  education.  The  arrange- 
ment of  the  work  is  admirable.  The  utmost  perspicuity 
prevails  in  every  page.  The  public  may  be  assured  of  its 
high  claims  to  tiieir  attention,  from  the  facility  with  which 
the  principles  of  the  science  are  unfolded  before  them ;  from 
the  philosophic  tone  in  which  the  subject  is  treated,  and 
from  the  unassuming,  modest  manner  in  which  its  appeals 
are  made." — Alexander's  East  India  Magazine. 

"  This  is  a  brief  Manual  of  Phrenology,  in  the  form  of  a 
Catechism,  intended  for  the  use  of  individuals  who  cannot 
bestow  much  time  or  money  on  the  study  of  it.  It  com- 
bines accuracy,  cleai'ness  and  brevity,  and  is  scrupulously 
correct  in  doctrine. 

"  After  describing  the  different  organs,  the  work  contains 
'general  questions,'  in  which  the  effects  of  education,  tem- 
perament, size,  combinations,  &c.,  are  discussed.  It  con- 
tains a  neatly  engraved  copy  of  the  Edinburgh  Phrenologi- 
cal bust ;  and,  on  the  whole,  is  a  commendable  and  useful 
publication.  It  is  neatly  printed,  and  sold  very  cheap." — Edin- 
burgh Phrenological  Journal 

XVI. 

A  Brief  History  of  the  Protestant 
Reformation. 

New  Edition,  with  Corrections  and  Additions,  in  One  Vol, 

Price  4s.  Boards. 
In  a  Series  of  Letters  addressed  to  WILLIAM   COB- 
BETT,  in  consequence  of  the  Misi-epresentations  and 


13 

Aspersions  contained  in  his  "  History  of  the  Protestant 
Refoi'mation  in  Britain  and  Ireland."  By  Wm.  M'Gaviw, 
Esq.  Author  of  "  The  Protestant." 

*'  Those  who  wish  to  see  Mr.  Cobbett  more  than  matched, 
should  possess  themselves  of  this  valuable  publication.  It 
is  not  saying  too  much  of  Mr.  M' Gavin  to  assert  that  he  is 
one  of  the  most  enlightened  Protestants  in  Christendom. 
The  whole  controversy  stands  before  his  mind  in  the  order 
of  perfect  arrangement,  and  Mr.  Cobbett  appears  like  a 
child  in  the  hands  of  a  giant.  Posterity  will  gratefully 
acknovi  ledge  its  obligations  to  this  incomparable  advocate." 
— Evangelical  Magazine. 

XVII. 
Neat  pocket  size,  Price  Is.  6d.  in  Boards. 

Treatise  on  Baptism. 

A  Practical  Treatise  on  the  Spiritual  Import  of  Baptism, 
and  the  duties  connected  with  the  Observance  of  the  Or- 
dinance. By  the  Rev.  John  Thomson,  Minister  of  Shet- 
tleston. 

"  This  is  a  work  which  will,  and  ought,  to  make  its  way, 
where  many  more  ponderous  and  learned  treatises  on  the 
subject  will  be  refused  admittance.  The  truths  regarding 
the  nature  and  practical  bearing  of  the  ordinance  of  baptism 
are  correctly  and  clearly  stated  ;  and  the  duties  binding  both 
upon  parents  and  children,  in  connexion  with  the  solemn 
ordinance,  are  enforced  in  some  instances  with  a  natural 
eloquence  which  cannot  fail  to  reach  the  heart,  because  every 
reader  will  feel  that  the  sentiments  come  from  the  heart.  It 
is  of  importance  that  Christian  parents  should  be  reminded 
of  the  duties  which  it  is  incumbent  on  them  to  discharge 
towards  their  baptized  children,  especially  in  this  age,  when 
too  many  obviously  regard  the  ordinance  by  which  they  are 
admitted  into  the  visible  church  in  no  other  light  than  a 
customary  form  with  which  it  is  disrespectful  not  to  com- 
ply ;  and  it  is  of  importance,  also,  that  such  should  be  pro- 
vided with  a  woi'k  so  moderate  in  compass  as  this,  to  serve 
both  as  a  manual  for  direction,  and  a  stimulus  to  urge  them 
on  to  duty.  The  author  has  not  served  the  cause  of  Chris- 
tianity by  throwing  any  new  light  upon  the  subject ;  but 
we  are  mistaken  if  he  has  not  rendered  a  very  important 
service  to  the  cause  of  practical  godliness,  by  bringing  v.ith- 


t  / 


u 

Id  the  reach  of  all,  a  clear  and  forcible  exhibition  of  vital 
truth,  and  if  parents  are  not  led  by  it,  in  many  instances,  to 
the  fiiltilment  of  their  solemn  engagements,  and  induced  to 
a  more  rigid  adherence  to  their  vows.  We  heartily  join  in 
the  author's  prayer,  and  trust  he  will  enjoy  tlie  '  unspeaka- 
ble satisfaction'  of  making  many  '  a  salutary  and  saving  im- 
pression,' by  the  little  volume  now  before  us." — Presbyterian 
Jieview, 

XVIII. 

Church  Establishments  Defended, 

Being  a  Review  of  the  Speeches  delivered  in  Dr.  Beattie's 
Chapel,  by  the  leading  men  of  the  Voluntary  Church 
Association.      Bi/  a  Churchman. 

"  The  Churchman's"  Second  Defence  of  Church  Establish- 
ments, being  a  Second  Review  of  the  Speeches  in  which 
the  argument  against  Establishments,  drawn  from  the 
state  of  religion  in  the  United  States  of  America,  is  fully 
considered,  and  ample  information  of  the  subject  adduced. 

The  Christian  Instructor  in  reviewing  the  various  works 
on  this  subject,  of  the  second  of  these,  says — "  This  is  a 
powerful  pamphlet.  To  those  who  wish  to  have  only  one 
pamphlet  upon  the  subject,  this  is  the  one  that  we  recom- 
mend." This  is  no  mean  praise,  considering  that  the  pens  of 
the  ablest  and  most  eloquent  writers  of  the  present  day  have 
been  employed  on  the  subject. 

"  For  a  more  particular  refutation,"  says  Dr.  Patrick 
M'Farlane,  in  a  note  to  his  speech,  "of  the  argument  of 
the  Voluntaries  from  America,  let  the  reader  peruse  that 
unanswerable  \>KmY>\i\et  entitled  'a  Second  Defence.'" 

"  See  ample  details  on  this  subject  in  the  '  the  Church- 
man's''  able  and  triumphant  '  Second  Defence.' " — Presbyterian 
Magazine. 

1^"  These  two  pamphlets  may  now  be  had  neatly  bound 
in  Cloth. 

XIX. 

A  Careful  and  Strict  Inquiry 

Into  the  Pretensions  and  Designs  of  Dr.  Heugh ;  or,  his 
"  Considerations  on.  Civil  Establishments  of  Christianity" 
plainly  discovered  to  be  full  of  specimens  of  ignorance, 
most  absui'd  and  contradictory  arguments,  and  altogether 
to  have  been  published  very  inconsiderately. — With  some 


15 

XX. 

The  Church  of  Scotland  IVCagazlne. 

Contents. — 1.  To  Readers  and  Correspondents  : — Union 
of  Orthodox  Seceders  with  the  Church  of  Scotland — Pro- 
testantism— Atheism — The  Union  of  Infidels  with  Volun- 
taries— To  the  Editor  of  the  Record — Missionary  Biography 
— Psalmody— Revenues  of  the  Church  of  England. — 2. 
Scripture  Evidence  in  Favour  of  Establishments.  By  J.  E. 
Gordon,  Esq.,  late  M.P.  for  Dundalk— No.  2.  The  Patri- 
archal Dispensation. — 3.  Extension  of  the  Church — St. 
Andrew's  Church,  Ramsbottom,  Lancashire. — 4.  Extracts 
from  Distinguished  Writers. — 5.  Church  Property  not 
Originally  the  Exclusive  Property  of  Roman  Catholics.— 
6.  Dissenting  Endowments. — 7.  Voluntary  Church  Princi- 
ples both  of  a  Revolutionary  and  Infidel  Nature. — 8.  Present 
Condition  of  the  Established  Church. — 9.  Notices  of  Books : 
— The  Expediency  of  a  Secure  Provision  for  the  Ministers 
of  the  Gospel — Speeches  delivered  at  a  Meeting  held  at 
Arbroath — Wisdom  of  the  Secession  Magazine-^Memoir  of 
the  Rev.  Elias  Cornelius — 10.  The  Church  of  Scotland,  the 
Friend  of  Freedom.— II.  Voluntary  Denouncement  an«i 
Reverence  for  Scripture. 

**  We  are  pleased  with  the  whole  series  of  this  new  peri- 
odical, so  admirably  adapted  to  the  times  in  which  we  live, 
and  long  wanted  by  the  Church  in  Scotland.  It  js  con- 
ducted with  great  talent ;  and  in  addition  to  its  other  merits, 
has  unanswerable  claims  upon  public  patronage  from  its 
cheapness.  It  is  sold  at  Sixpence  !  No  clergyman  of  the 
Church  of  Scotland,  therefore,  and  no  lay  member  of  that 
Church  who  has  any  regard  for  the  venerable  Establishment, 
has  any  excuse  if  this  periodical  do  not  appear  on  the  break- 
fast table  as  regularly  as  the  months  come."— Xtuerpoo/ 
Standard. 

XXI. 

America  at  One  View. 

On  a  very  Large  Sheet,  beautifully  printed  at  the  Glasgow 
University  Press,  Price  Is.  6d.,  or  varui&hed  on  canvass 
and  roller,  Price  6s.  Gd. 

Bell's  S*tatistical  Sheet  Atlas  of  the  United 
States  of  North  America. 


16 

XXII. 

NEW  Edition,  with  a  beautiful  Engraving  of  the  King 

William  Steam  Carriage,  in  Octavo,  ^ce  Is. 

A  DESCRIPTIVE  AND  HISTORICAL  ACCOUNT  OF 

The  Ziiverpool  and  Manchester 
Hallway, 

From  its  First  Projection  to  the  Present  Time :  Contain- 
ing all  the  Facts  and  Information  that  have  yet  appeared 
on  the  subject ;  with  numerous  Interesting  and  Curious 
Original  Details,  Estimates  of  Expenses,  &c.,  &c.  By 
Joseph  Kirwan,  Civil  Engineer. 

*•  Those  who  are  at  this  time  embarking  their  capital  iu 
the  erection  of  Railways  throughout  the  country,  would 
do  well  to  peruse  with  care  a  small  work  recently  published 
by  Joseph  Kirwan,  civil  engineer.  It  contains,  in  a  narra- 
tion of  the  rise,  progress  and  completion  of  the  Liverpool 
and  Manchester  Railway,  a  host  of  information  on  the 
subject;  and,  what  must  be  of  infinite  importance  to  those 
engaged  in  similar  enterprises,  it  is  all  of  a  practicai, 
nature.  The  details  are  ample,  the  facts  numerous,  and 
the  calculations  are  made  with  the  utmost  accuracy  and 
precision. " — Edinburgh  Advertiser. 

XXIII. 

In  Two  neat  Pocket  Volumes,  Price  9s. 

The  Spirit  of  British  Song. 

With  illustrative  and  Biographical  Notes,  by  the  late 

JOHK   GOLDIE. 

"  Among  the  innumerable  collections  of  Songs  which  are 
continually  issuing  from  the  press,  we  have  not  met  with 
one  deserving  more  universal  patronage,  than  the  one  now 
before  us.  Judging  from  the  first  four  Numbers,  which 
have  been  handed  to  us,  we  can  safely  say  it  is  the  best  we 
have  yet  seen.  It  is  really  what  it  professes  to  be — 'The 
SPIRIT  OF  BRITISH  SONG ;'  and  gives  only  what  it  promises 
— the  Popular  Melodies  of  the  day.  A  publication  of  this 
kind,  we  conceive  was  much  wanted.  No  selection  was 
obtainable  at  a  reasonable  price,  divested  of  all  the  obsolete 
rubbish  misnamed  songs,  which  are  here  judiciously  dis- 
carded, and  at  the  same  time  free  from  what  most  Song 
Books  are  crampied  with,  viz.,  oi'igins^l  trash."— 2%e  TeU" 
tcope. 


17 

XXIV. 

In  one  Volume  12mo.  with  an  Engraving  of  the  Anns  ot 

the  Incorporation  of  Bakers,  Price  5s. 

The  Practical  Baker  and  Confec- 
tioner's Assistant, 

Being  a  Comprehensive  View  of  every  thing  relative  to  the 
Baking  of  Loaf  and  Fancy  Bread,  on  both  the  Ancient 
and  Modern  Systems ;  with  a  great  variety  of  Practical 
Receipts  in  Pastry,  Confectionary,  Candies  and  Pre- 
serves, Cordials,  Wines,  &c.  ;  and  the  various  methods 
.    of  making  Artificial  Yeast.     By  John  Turcan,  baker. 

"  Moreover,  this  book  is  a  perfect  repository  of  every 
thing  relating  to  the  subject,  which  he  has  undertaken  to 
discuss.  The  whole  mystery  of  baking  and  confectionary 
is  fully  laid  open ;  and  by  the  simple  and  judicious  direc- 
tions laid  down,  any  one  may  practise  for  himself  the 
operations  of  these  universally  interesting  arts.  We  doubt 
not  that  the  work  will  be  found  highly  useful  to  the  trade  ; 
and  we  dismiss  it  with  every  wish  for  that  success  which  it 
BO  T  'ell  deserves." — Edinburgh  Evening  Post. 
XXV. 
In  Monthly  Numbers,  Price  2d. 

The  Child's  Magazine; 

Or,  Tales  for  the  Nursery. 
iJy  Mrs.  M'Gregor,  Author  of  "Maternal  Duty,"  Ssc,  &c. 

XXVI. 

Neatly  Printed  in  Pocket  size,  Pi'ice  6d. 

The  Casquet; 

A  Collection  of  the  best  Songs  in  theGAELIC  LAN- 
GUAGE.    Selected  by  James  Munroe. 

"  It  contains  as  much  closely  and  neatly  printed  matter 
in  Gaelic,  for  Sixpence,  as  we  have  ever  seen  offered  for  the 
same  money  in  English." — Scots  Times. 

XXVII. 

IVE'Fhun's  Edition  of  the  Scotch 
Kef  or  m  Act. 

Price  Threepence. 
This  is  the  most  accurate  and  most  comprehensive  of  all 
the  Abridgments  of  the   Act  yet  published. 


18 

XXVIII. 

THIRD  EDITION,  Price  29.  6d. 

^ith  the  Scotch  Law  regarding  the  Sale  and  Warranty  of 
Horses. 

Advice  to  Purchasers  of  Horses  ; 

Being  a  Short  and  Familiar  Treatise  on  the  Exterior  Con- 
formation of  the  Horse,  the  Nature  of  Soundness  and 
Unsoundness,  the  Laws  relating  to  Sale  and  Warranty, 
with  C(jpious  Directions  for  Discovering  Unsoundness 
prior  to  purchase. 

By  J.  Stewart,  Veterinary  Surgeon,  and  Professor  of  Ve- 
terinary Surgery  in  the  Andersonian  University. 

"  The  buyer  hath  need  of  a  hundred  eyes. 
But  the  seller  of  only  one." 

**  Persons  who  have  occasion  to  buy  or  sell  horses  would 
derive  much  instruction  from  this  little  manual,  which 
treats  of  the  exterior  conformation  of  the  horse,  the  nature 
of  soundness  and  unsoundness,  and  the  laws  relating  to  sale 
and  warranty,  with  copious  directions  for  discovering  un- 
soundness prior  to  purchasing.  The  author  is  a  scientific 
man,  and  his  work  is  popularly  written,  and  likely  to  be 
useful." — Leeds  Mercury. 

*'  This  iManual,  though  of  small  size,  is  far  from  being  of 
small  value,  and  cannot  fail  to  be  useful  not  only  to  farmers, 
innkeepers,  and  others  engaged  in  posting,  but  also  to  every 
one  who  may  have  occasion  to  purchase  a  useful  and  ser- 
viceable horse.  If  a  person  make  himself  master  of  the 
maxims  it  contains  he  will  be  fully  prepared  to  select  a 
sound  animal,  as  well  as  to  detect  and  prevent  the  imposi- 
tion of  ordinary  horse-dealers.  It  also  contAins  an  expose 
of  the  laws  relating  to  sale  and  warranty  of  horses,  which 
cannot  be  too  well  known,  because  to  borrow  the  motto  of 
the  work,  '  the  buyer  hath  need  of  a  hundred  eyes,  but  the 
seller  of  only  one.'" — Stirling  Journal. 

*'  This  is  a  well-composed  and  useful  little  volume." — 
Agricultural  Journal. 

"  We  would  recommend  no  person  to  purchase  a  horse 
without  having  previously  purchased  and  perused  Air. 
Stewart's  book  of  advice."— GZas^ow  Chronicle.. 

"  This  is  an  exceedingly  useful  little  volume,  which  every 
Tyro  in  the  art  of  horse  dealing  should  lose  no  time  in 
becoming  possessed  oV— Dumfries  Courier. 


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