BAILMENT 283 



ther, even in tlie same matter, the lien might not 

 cover the entire account, as where a lien is waived 

 for accounts to a certain date. (§§82, 240.) 



235. Agister's Lien. Though in common law 

 the agister's lien, strictly considered, is not fav- 

 ored, still there are statutes which provide such 

 protection for the man who takes stock to pas- 

 ture. More frequently we find a recognition of 

 the rights of innkeepers and livery men, with more 

 consideration for these men in the common law. 

 At first glance it might appear strange that such 

 a line should be drawn, granting the right of lien 

 to the innkeeper and refusing it to the man who 

 takes a flock of sheep to pasture, or cattle to feed; 

 but the distinction begins in the essential nature 

 of the case. The agister deals with men whom he 

 knows personally, as a rule, and who reside in 

 neighboring places probably. The customers of 

 the innkeeper, or the livery man, are frequently 

 strangers whose place of residence is often un- 

 known by the bailee. If the bailor is permitted to 

 put his horse in the stable to be cared for for a 

 few days, and then to depart without paying, he 

 might very likely get beyond the convenient reach 

 of the local law, making the collection difficult for 

 the stable keeper. So in the decisions we read 

 * ' The innkeeper is not bound to deliver the horse 

 until the owner has defrayed the charge for the 

 horse. "^" But the agister's lien does not exist 

 in common law.^^ A lien for pasturing stock (in 



37 7n re. The Hostler, Yelv. Cal. 364; Auld v. Travis, 5 

 67. Colo. App. 535, 39 Pac. 357; 



38 Hickman v. Thomas, 16 Wills v. Barrister, 36 Vt. 220; 

 Ala. 666; Lewis v. Tyler, 23 Tandy v. Elmore-Cooper L. S. 



