106 



linlisi: ^^•AUKAM Y, 



Farmer 

 taking iu 

 stock has 

 no lieu on 

 them. 



not responsible, Lut slight ovidonce is suilicieut to 

 make him liahlo {j>). 



Thus -where the defendant, a fanner, took in 

 tlie plaintifT's horse to graze, and the horse in 

 some way got out of the field and was lost, and 

 it was shown that the gate was sometimes left 

 open and that the fences were not good, although 

 it eoidd not he proved tliat the horse eame out of 

 the gate or through a Lrokeu pai-t of the fence, 

 yet the jury gave a verdict for the plaintiff for 

 the value of the lost horse. Generally, if the 

 fences of a field in which horses are taken in to 

 graze are defective, or there are holes or bogs from 

 niai'sh in the field and an animal is lost or in- 

 jured, the agister will be responsible (q). 



An agister has no lien over llic animals he takes 

 in to graze in respect of the grass they may have 

 eaten. Thus a farmer who took in milch-cows to 

 drjtasture, tlie owner having the right to milk 

 them wlien he pleased, was held to have no lien 

 over them ^^•hen the OANner failed to pay for the 

 rent (;•). If there is a special agreement that tho 



{/i) Ihoaduater v. Blot^ Holt, olT; and bcc Corbett v. 

 rackvujtoit, C B. & C. 2C8, 



(7) Monclnj V. J'viistH, 1 Rol. Abr. 4 ; and soo Itooth v. WiLioii, 

 I B. ic Aid. 69; und I'vurll v. Sahsbunj, 2 Y. i J. 391; 

 Groucott V. Wiltiaim, 32 L. J., Q. B. 237. 



(»•) Jackion v. Cumiiiina, 5 ^I. A: "W. 312 ; C/iajman v. Alltit, 

 Cro. Car. 273. 



