KIGIITS AND I.IADILITIES OF INNKKErKRS, KTC. 105 



soil, tbo horse of a guest at his inn for tlio keep of 

 the horse or for tlio guest's hill, hut a livery stahlo 

 keeper lias no sucli riglit. A liorso, moreover, at 

 an innkeeper's ciuiiiot he taken in distress for rent 

 duo hy the innkeeper, hut a horse standing at a 

 livery stahlo keeper's is distrainahlo for rent(/?). 

 An innkeeper would aj^poar to have certain larger 

 rights than a livery stahlo keeper, hecause tho 

 latter is saved from many of the inconveniences 

 incurred hy the innkeeper, such as the hilleting of 

 soldiers, the ohligation to receive a guest, and tho 

 like. 



It is not an uncommon thing for farmers to Gru/.inrr 

 take a certain numher of horses, cattle and sheep cattle, 

 into theu" fields to graze during the summer 

 months, and horses into their strawyards during 

 tho winter months. Persons who do tliis are 

 called in law *' atjidersJ^ It will ho convenient 

 to use this word in treating of the rights and 

 liahilities of such persons. An agister is in some 

 respects better off than an innkeeper. He does 

 not, Hke an innkeeper, insure the safety of the 

 horse he takes in to graze or to keep in the straw- 

 yard, hut an agister must use ordinary care. If 

 a horse is taken from his premises, oris lost, hy an 

 accident against wliich ho could not guard he is 



{})) Francis v. If'yatl, 3 Burr. 1498 ; r<irsoiis v. Giiigdl, L. J., 

 C. P. 227 ; 4 C. B. 545 ; YorI;c v. Grccnaugh, 2 Ld. Kay. 8GG. 



