446 BAILMENT. 



in his possession.^^'* Where the statute requires the owner 

 of a stallion to file a certificate with the register of deeds, no 

 action can be brought by him for its service unless he has 

 complied. ^^^ But he need not allege in his petition that he 

 has procured the statutory license.^^" 



Where, by statute, animals imported for breeding purposes 

 are admitted free of duty, it is a sufficient compliance there- 

 with if the importer in good faith intends them for such pur- 

 poses, and this does not prevent his afterwards disposing of 

 them otherwise if he finds it necessary or desirable to do so.^*' 

 But the fact that they are fit for breeding purposes will not 

 exempt them, if they are in fact imported for sale.^*^ 



Where, under an Inclosure Act, lands have been allotted "in 

 satisfaction and discharge of" the great tithes, the burden of 

 keeping up a custom that the parson as owner of the great 

 tithes shall provide and keep a bull and a boar for the common 

 use of the parishioners is not, in the absence of express words 

 in the act to that effect, shifted to the allottees of those 

 lands.^*^ 



107. Livery-Stable Keepers — The owners of livery-stables 

 are bound to use ordinary care, though they are not insurers 

 of animals left with them: negligence on their part or on the 

 part of their servants must be shown.''** Where the horse 



™ Harby v. Wells (S. C), 29 S. E. Rep. 563. 



""Nelson v. Beck, 89 Me. 264. And see Briggs v. Hunton, 87 id. 14S; 

 Wyman v. Wentworth (Me.), 10 Atl. Rep. 454; Smith v. Robertson (Ky.), 

 SO S. W. Rep. 852. 



""Crumbaugh v. Williams (Ky.), 41 S. W. Rep. 268. 



'" U. S. V. 196 Mares, 29 Fed. Rep. 139. 



"' U. S.v. II Horses, 30 Fed. Rep. 916. 



""^ Lanchbury I/. Bode, [1898] 2 Ch. 120. 



"* Dennis v. Huyck, 48 Mich. 620; Eaton v. Lancaster, 79 Me. 477. 



As to the sale of a customer's horse by a livery-stable keeper, see 

 Witkowski v. Stubbs, 91 Ga. 440, cited in § 30, supra. As to a livery-stable 

 keeper's license, see Wilson v. Lexington (Ky.), 49 S. W. Rep. 806. 



See, also, with reference to the subject of the present section, §§ 99-102, 

 supra. 



