COMPENSATION 105 



had no lien. The higher court, in a very unsatis- 

 factory opinion because of the lack of complete- 

 ness in the records, affirmed the decision of the 

 lower court, on the ground that the practice was 

 open to question.^2 



A lien may be created by common law, by 

 statute, or by contract. When by statute the terms 

 of the statute must govern its application; but 

 such a law cannot be retroactive, and thus affect 

 previous accounts. Thus where a party kept 

 stock for several years, and during that time a 

 statute was enacted giving an agister a lien on 

 the stock until the expense of the keep be paid, 

 it was held that this lien covered so much of the 

 account as occurred after the act was in opera- 

 tion, but it did not cover the previous time.^^ A 

 contract to pay for the keep of stock before it is 

 moved creates a lien.^^ 



79. Veterinarian a Bailee. Whenever a thing 

 owned by one party is left in the care of another 

 than the owner, the operation is called "bail- 

 ment," the party leaving it is the ''bailor," and 

 the one receiving it is called a ''bailee." Bail- 

 ment, then, is a contract, in which the bailee ac- 

 cepts the responsibility to care for the article, 

 often for some other purpose than the simple keep- 

 ing of it safe, and to return it again to the bailor 

 when the bailor demands it. The law of bailment 

 is then important for the veterinarian for it 

 includes many obligations and liabilities. The 

 amount of his responsibility as a bailee may vary 



82 Nichols V. Duncan, 11 U. 34 McCoy v. Hock, .S7 Towa 



C. Q. B. 332. 436. 



33 Allen V. Ham, 63 Me. 532. 



