54 The Agricultural Holdings {England) Act, 1 883. 
In principle something was to be said for the landlord's right. 
Cattle, sheep, or horses, taken bj a tenant on tack, deprive the 
landlord of his security for rent in proportion to their con- 
sumption of the growing crops ; and for this reason some farm 
agreements prohibit agistment without his consent. The land- 
lord has therefore a right to demand, in respect of agisted 
stock, such a sum as fairly represents the value of the crops so 
consumed ; and the best measure of this value is the sum agreed 
to be paid for the agistment, if it is a hona fide payment, not 
arranged with a view to cut down or defeat the landlord's claim. 
Beyond the recovery of this sum, the landlord's right over 
agisted stock is, to say the least, unreasonable. 
Such, indeed, was the limit imposed upon the landlord's 
right in Scotland more than fifteen years ago. The Hypothec 
Amendment Act of 1867 * provided that, if a farm-tenant or 
lessee took any sheep, cattle, or other live-stock, to be grazed 
or fed, for a bond fide payment equal to the just value of such 
grazing or feeding, the landlord's hypothec in respect of them 
should extend only to the amount thus paid, and no further ; 
and in case of their removal the right of hypothec only ex- 
tended to the amount unpaid. The Committee of 1882, there- 
fore, had an authoritative precedent in recommending, as they 
did, with regard to agisted stock, that " the limit of distress 
should be the consideration payable for the grazing to the farmer 
who takes in the stock." But they went further, in also recom- 
mending " that provision be made for the protection of ma- 
chinery not the property of the tenant ; also that animals, not 
the property of the tenant, temporarily upon the holding for 
breeding purposes, be exempt." 
Section 45 exactly embodies these suggestions. It provides 
that if a tenant takes " live stock " to be fed " at a fair price," 
such stock shall not be distrained at all when other sufficient 
subjects of distress can be found ; and, if so distrained, the land- 
lord can only recover in respect of such stock the sum agreed to 
be paid for agistment, or any unpaid portion of it. " Live 
stock " is defined to mean " any animal capable of being dis- 
trained " I (§ 61). At any time before sale, the owner of the 
stock may redeem it by paying the sum due for agistment, and 
this payment frees the owner from any like claim by the tenant. 
So long as any portion of the agisted stock remains on the 
holding, the right to distrain continues, to the full extent of the 
sum agreed to be paid for the feeding of the whole of the stock. 
* 30 & 31 Vict. c. 42, s. 5. 
t Animals /era naturx are not within this cnlcgory, though it has been hold 
that tho exception does not ai)ply if llioy aro kept in a private enclosure for 
purposes of trade or profit, and deer eo enclosed have been distrained. 
