280 LIVERY-STABLE KEEPERS, AGISTERS, ETC. 



the right to distrain such portion shall continue to the full 

 extent of the price originally agreed to be paid for the 

 feeding of the whole of such live stock, or if part of such 

 price has been bona fide paid to the tenant under the agree- 

 ment, then to the full extent of the price then remaining 

 unpaid." 



Live stock agisted for a fair equivalent is within this 

 section, as taken in to be fed at a " fair price," and may, 

 therefore, be exempt from distress, even although such 

 equivalent be not money. Therefore, where cows were agisted 

 on the terms " milk for meat," i.e., that the agister should 

 take their milk in exchange for their pasturage, it was held 

 that the agistment was within the Act {p). But otherwise, 

 where cattle were distrained on a holding pursuant to an 

 agreement by which the tenant, in consideration of 21., 

 allowed the owner " the exclusive right to feed the grass on 

 the land for four weeks," as there the tenant did not agree 

 to " take in" or to " feed " the cattle, and the sum he was 

 to receive was not the " price " of the feed of the cattle, but 

 a payment in the nature of rent for use and occupation {q). 

 Remedy for By section 46 it is enacted that "where any dispute 



distoef^^ arises— 



(a) in respect of any distress having been levied con- 



trary to the provisions of this Act ; or 



(b) as to the ownership of any live stock distrained, 



or as to the price to be paid for the feeding of 

 such stock ; or 



(c) as to any other matter or thing relating to a dis- 



tress on a holding to which this act applies : 

 such dispute may be heard and determined by the County 

 Court or by a Court of Summary Jurisdiction, and any such 

 County Court or Court of Summary Jurisdiction may make 

 an order for restoration of any live stock or things unlaw- 

 fully distrained, or may declare the price agreed to be paid 

 in the case where the price of the feeding is required to be 

 ascertained, or may make any other order which justice 

 requires : any such dispute as mentioned in this section 

 shall be deemed to be a matter in which a Court of Sum- 

 mary Jurisdiction has authority by law to make an order 

 on complaint in pursuance of the Summary Jurisdiction 

 Acts ; but any person aggrieved by any decision of such 

 Court of Summary Jurisdiction under this section may, on 



{p) London and Yorkshire Bank (q) Masters v. Green, 20 Q.B. D. 



V. Selton, 16 Q. B. D. 457 ; 54 L. J., 807 ; 59 L. T., N. S. 476. 

 a. B. 568. 



