244 



LIVERY-STABLE KEEPERS, AGISTERS, ETC. 



Horses and 

 Cattle being 

 agisted are 

 distrainable. 



Bat not when 

 taken in to 

 rest for a 

 niglit. 



Decision of 

 the Irish 

 Court of 

 Queen's 

 Bench. 



Distinction 

 ■where Cattle 

 enter by 

 breaking 

 fences. 



Letting for 

 hire. 



"Warranty of 

 fitness for 

 journey. 



debt, and tlie defendant seized her on the high road. In 

 an action of Trespass for the taking, it was held that the 

 agreement might be set up as a defence under a plea that 

 the Cow was not the plaintiff's {Ic). 



Horses and Cattle put into a close to be agisted are 

 liable to be taken in distress by the landlord, the general 

 Eule being that all things on the land are distrainable for 

 rent in arrear (/). 



Horses or cattle driven to a distant Market, and put into 

 land to rest for one night, cannot be distrained for rent by 

 the owner of the land, such protection being absolutely 

 necessary for the public interests {m). 



Thus it was held in the Irish Court of Queen's Bench, 

 that certain Cattle belonging to a drover on their way to 

 a Market for the purpose of being sold there, and put to 

 graze for one night, immediately before the morning on 

 which the Market was to take place, were privileged from 

 distress by the landlord, for rent due to him out of the 

 place in which they fed {n). 



The settled distinction seems to be, that where a 

 stranger's Cattle escape into another's land by breaking 

 the fences, where there is no defect in them, or if the 

 tenant of the land where the distress is taken is not bound 

 to repair the fences, though there is a defect in them, the 

 Cattle may be distrained for rent whether they are levant 

 ct couchant or not. If, however, the Cattle escape through 

 the defect of fences which the tenant of the land is bound 

 to rejDair, they cannot be distrained by the landlord for 

 rent, though they have been levant et couehant, unless the 

 owner of the Cattle, after Notice that they were on the 

 land, neglects or refuses to drive them away (o). 



HIRING HORSES. 



Letting for Eire is a bailment of a thing to be used by 

 the Hirer, for a compensation in money {p). 



If a Horse or Carriage be let out for Hire for the 

 purpose of performing a particular journey, the party 

 letting warrants that the Horse or Carriage, as it may be, 

 is fit and proper and competent for such journey [q). 



(/>•) Richards y. Si/mous, 8 Q. B. 90. 



(0 Jones V. FoiccU, 5 B. & C. 650 ; 

 S. 0. 8 D. & R. 416. 



(;«) Tate v. G!eed, C. B., H. T. 

 24 Geo. 3; 2 Christ. Bla. Com. 

 p. 8, n. 4 ; and see Foole v. Longue- 

 vill, 3 Wms. Saund. 290, n. (q). 



(>i) Kuc/ent V. Kinran, 1 Jebb & 



Symes, 97 (Q. B. Ir.). 



(o) Foole V. LomjuevWl, 3 Wms. 

 Saund. 290 ; and see 2 Lutw. 1580 ; 

 Gilb. Dist. 34, 2nd ed. See also 

 Woohych on Fences, 309, 310. 



[p] Jones on Bailments, 118. 



[q) Per Pollock, C. B., Chew v. 

 Joms, 10 L. T. 231. 



