auctioneer's lien. 591 



are delivered for the purpose of being worked np into form ; or the 

 farrier, by whose slcill tlie animal is cured of a disease ; or the horse- 

 breaker, by whose skill he is rendered manageable, have liens on the 

 chattels in respect of their charges ; all such specific liens being con- 

 sistent with the principles of natural equity are favoured by the law, 

 which is construed liberally in such cases. This being the principle, 

 let us see whether this case falls within it ; and we think it does. The 

 object is, that the mare may be made more valuable by being in foal. 

 She is delivered to the defendant, that she may by his skill and labour, 

 and the use of his stallion for that object, be made so ; and we think, 

 therefore, that it is a case which falls within the principle of those 

 cited in argument." Here the mare had been sent more than once to 

 the defendant's, who was a farmer, to be covered by his stallion ; but 

 as lis. for the last service was not paid, defendant refused to deliver 

 up the mare until the lis. (which was not tendered) and £9 7s. Hd. 

 which included the fee for covering other mares of plaintiff's and some 

 poor-rates, was paid. In an action for trover, to which "Not guilty" 

 and "The mare was, and is, not the property of the plaintiff" were 

 pleaded, Parke B. directed a verdict for £25, reserving leave to the 

 defendant to enter a nonsuit on three points. It was held (1) that the 

 defendant had a specific lien for covering the mare, as she might be 

 made more, valuable by proving in foal ; (2), that the claim of defendant 

 to retain the mare for his general balance was not a waiver of his lien 

 for his charge on the particular occasion, and did not dispense with the 

 necessity of a tender of that sum ; and (3), that even if the covering of 

 mares with his stallion was done within the exercise of his ordinary 

 calling, on a Sunday, that still, it having been executed, the lien 

 attached. 



The question as to vhether an auctioneer has a lien on a horse for his 

 commissio?i and charges was very much considered in Eobinson v. Rutter, 

 and it was decided that he had a lien. 



It was decided by the Court of Queen's Bench, in WarJow v. Ham- 

 son, that although at a sale by auction, the auctioneer may, after a 

 hiddiiig lias been accepted, become the agent of the lyidder for the purpose 

 of signing a memorandum of the agreement, he is not an agent for the 

 bidder at all till the bidding is accepted; and until the hammer is 

 knocked down both the bidder and the vendor are free, and may retract 

 if they choose to do so. Hence, where the owner of a mare sent her 

 to the defendant with instructions to sell her by auction without 

 reserve, and the plaintiff was the highest bond fide bidder, but the 

 mare was knocked down to the owner, who made a higher bid, it was 

 held that the plaintiff could not maintain an action against the 



