110 ESSENTIALS OF VETERINARY LAW 



give credit.^^ Or by refusal to deliver on other 

 grounds.^^ A refusal to deliver when the bailor 

 tenders the amount legally covered by the lien 

 serves as a waiver of the lien.'**^ This should be 

 remembered in attempting to hold lien for past 

 accounts, which the court might consider as inde- 

 pendent matters. A notice to the owner to come 

 and take his horse away is a waiver of lien for 

 amounts due to the time of notice, and lien would 

 only cover subsequent account.^ ^ But, a notice to 

 pay charges and remove would not be a waiver of 

 lien. While it is presumed that the bailee will take 

 such care of the animal as to preserve him in good 

 condition, and that might necessitate the driving 

 of a horse, for example, any use of the animal 

 beyond what is necessary for the good keeping of 

 the animal may be held to vitiate the right of 

 lien.42 



83. Lien Not a Right to Sell. The lien itself 

 does not necessarily give the right of sale. ( § § 238, 

 241.) Ordinarily the statutes provide for an 

 orderly way of disposing of the property, generally 

 by advertisement and public sale. If the bailee 

 sells the animal, the owner may sue him for con- 

 version, and recover the market value of the ani- 

 mal sold, less the charges to the time of sale. All 

 that is received by the bailee in the sale of bailed 

 property, more than is covered by the lien, is the 



38 McMaster v. Merrick, 41 4i Hamilton v. McLoughlin. 

 Mieh. 505. 145 Mass. 20. 



39 Hamilton v. McLoughlin, ^2 Van Zile, Bailments ami 

 145 Mass. 20; Mexal v. Dear- Carriers, 87. 



born, 12 Gray, 336. 



■•oBusfielcl V. Wheeler, 14 

 Allen (Mass.), 139. 



