CHAPTER IV. 



CUSTODY — YETERTXARY TREATMENT — HYPOTHEC 

 AND DILIGENCE. 



Custody of Horses at Livery and at Grass, 79-81. Responsibility of 

 Breakers and Trainers, 82. Responsibility of Veterinary Surgeons, 8.3. 

 Responsibility of a Smitli and Farrier, 84. Lien of Custodiers otlier 

 than Innkeepers, 85. Proof of tlie Contract of Custody, 86. Inn- 

 keepers' Custody and Lien, 87-88. Horses as tlie subject of Hypothec, 

 89. Of Diligence, 90. 



79. Custody of Horses. — The degree of care required on 

 the part of a lessee and borrower of a horse having been 

 explained,(a) there now falls to be considered the custody of 

 horses when the use of them is not given. This occurs 

 when horses are j)ut out at livery or to grass, or for training 

 or medical treatment, or to an innkeeper, or to a carrier for 

 carriage. (6) 



80. Of the Safe Custody of Horses at Livery and at 

 Grass. — As a general rule, the giving of horses mto custody 

 for safe keeping does not give the custodier the use of them 

 for his OAvn purposes, apart from stipulation to that 

 effect. When horses are deposited for safe keeping for 

 remuneration, a secure stable or other secure place of 

 custody, is implied in the contract, (c) as is also proper 

 labour in dressing and feeding. The livery stable must bo 

 wind and water tight, so as not to expose the horse to cold 

 or wet, and the food supplied must bo wholesome and 



(a) See §§ 73, 78. 



(b) The care re(iuired of carriers is treated in Chapter Y. 

 (e) Searle v. Lavcrick, 1874, 43 L.J., Q.B. 43. 



107 



