232 



INNKEEPERS, VETERINARY SURGEONS, ETC. 



Farrymg, &c. 

 in the street. 



Hoi'se stand- 

 ing to be shod 

 not dis- 

 trainable. 



Horse may be 

 detained for 

 the ijrice of 

 his shoeing. 



Such Lien is 

 favoured by 

 law. 



Extends only 



time is inconvenient, and if the light be not sufficient, 

 and if the occasion he not suitable, he is bound to say, 

 ' I will not do it.' If he does it, he is answerable, unless 

 indeed he distinctly and explicitly says, ' I do it at your 

 urgent request, but / in7l not be responsible for the con- 

 sequences.' Nothing of that sort appears to have come 

 from him. On the contrary, though there may have 

 been a remonstrance that the man came too late, yet 

 it was done. It appears to me in point of law that if 

 a person, called upon at an unseasonable time, under- 

 takes to do it without declaring he will not be responsible, 

 he does it with the same responsibility as if he did it at 

 any proper time." 



The Jury found a verdict for the defendant, and the 

 Court of Exchequer afterwards refused a rule for a new 

 trial, which was applied for on the ground that the verdict 

 was against the evidence. 



Under the Police of Towns Act every person who, in any 

 street, to the obstruction, annoyance or danger of the 

 residents, shoes, bleeds or farries any Horse or animal 

 (except in cases of accident), or cleans, dresses, exercises, 

 trains, or breaks, or turns loose any Horse or animal, is 

 liable to a penalty not exceeding 40s. (t). 



A Horse standing at a Farrier's to be shod is exempt 

 from Distress on tlie ground of public utility (ii). 



As a party has a right to go to a Farrier's shop by the 

 tacit permission of the law {x), an action of Trover does 

 not lie against a Farrier for refusing to deliver a Horse 

 which he has shod, unless the money due for the shoeing 

 has been paid or tendered ( //) . 



Because the artificer to whom goods are delivered for 

 the purpose of being worked into form, — the Farrier by 

 whose skill an animal is cured of a disease, — the Horse- 

 breaker by whose skill a Horse is rendered manageable, 

 and the man who covers a Mare with a Stallion, have liens 

 on the chattels in respect of their charges. And all such 

 specific liens, being consistent with the principles of natural 

 equity, are favoured by the law, which is coiisfriied liberally 

 in such cases (~). 



But the Horse can only be kept for work done at that 



{t) 10 & 11 Vict. c. 89, s. 28. 



(u) Francis v. JTyatt, 3 Burr. 

 1502, and the authorities there 

 cited. 



(.r) Lane v. Cotton, 1 Salk. IS. 



{y) Bac. Abr. Trover (E.) 816. 



(r) Scarfc v. 2Iorr/an, 4 M. & W. 

 280 ; Chase v. Westmore, o M. & S. 

 189. 



