104 



HORSE WAKRANTY. 



Horses of 

 (jiu-st can- 

 not 1)0 (lis- 

 tniiiiwl by 

 iiiii- 

 kci'iM'r's 

 lauolord. 



Livery 

 Rtablu 

 kL'oi)er has 

 no lien by 

 coinmou 

 law. 



TIkj hoi'ses of a guest standing at an inn cannot 

 bo distrained (/), nor can the horeo of a guest at 

 an inn, if put into a strange stable on account of 

 there not being sullicient room in an inn stable (/r). 

 A livery stable keeper has not the same common 

 law right of lien over a horse standing in his 

 stables for its keep (/), nor for money paid to a 

 veterinary surgeon for medicines for a horse while 

 in his stable (;;/) ; but, of course, ho can have a lien 

 if he have a special agreement, as where a marc 

 was placed with a livery stable keeper, who ad- 

 vanced money to her owner, and it was agreed 

 that she should remain in the livery stalile keeper's 

 stables as a seciuity for the repayment of the 

 money advanced and for the expense of her keep, 

 it was held that the livery stable keeper had a lien 

 on the animal for the amount due {ii). i>o, too, 

 the lien of a livery stable keeper may continue, 

 even after a horse has been fraiidulently removed 

 from his stables (o), if tin to has been an agree- 

 ment, f^peaking generally, then, it may be said 

 thai an innkeeper has the right to detain, not to 



(i) Rol. Ab. 068 ; Co. Litt. -17. 



(X) Francig y. Jfi/alt, 3 Ikirr. 1 1'.'S ; and C'io.iiery.Tomkiii»on, 

 2 Ld. Kc-u. 439; see also Williamnx. Jlulmcn, 'I'l L. J., Ex. 281. 



(I) Judiou V. Ethaid.je, 3 Tyr. Ool ; 1 C. & M. 7-13 ; Yorkc V. 

 Creniaufjh, 2 Ld. Ruy. 8G8. 



(m) (hrhardx. J!ii,/,!i(nnr, 19 Law J., C. P. 303. 



(«) Jlonatti/ V. Ciouilrf, 11 M(Miro, '179. 



('/) Jf'aUace v.h'ooilgutf, li. ic M. 193; and 1 C. i P. 576. 



