IN SEARCH OF A HORSE. 391 



the case of the trainer, I confess that I should hesi- 

 tate now, if I were called on to say that that is good 

 law, for I do not think that he can have such a pos- 

 session of the horses, unless under special contract 

 with their owners, as would support the lien; for 

 these reasons I think that the rule ought to be dis- 

 charged." 



The other judges concurred. I only mention the 

 case of Tollitt v, Shenstone, argued before the Court 

 of Exchequer on the 24th of May, 1839, to correct 

 an error which I have found very prevalent among 

 the trade, that in this case the defendant, who was a 

 livery-stable keeper, established a right to a lien for 

 the keep of the plaintiff's horse. This was not the 

 point in discussion ; the question was entirely one of 

 pleading, not of lien. 



It is very important, however, to observe, that 

 there is also another essential difference between the 

 cases of an inn-keeper, and a livery-stable keeper, 

 which affects the safety of those who intrust their 

 horses to their care. The horses in the stable of an 

 inn-keeper, placed there for temporary accommodation 

 by travellers, are not liable to be seized under a dis- 

 tress for rent, but in the case of a livery-stable 



