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Agistment

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AGISTMENT. To "agist" is, in law, to take cattle to graze, for a remuneration. The word is derived through O. Fr. from Lat. iacere, to lie. "Agistment," in the first instance, referred more particularly to the proceeds of pasturage in the king's forests, but now means either (a) the contract for taking in and feeding horses or other cattle on pasture-land, for the consider ation of a weekly payment of money, or (b) the profit derived from such pasturing. Agistment is a contract of bailment, and the bailee is bound to take reasonable care of the animals en trusted to him ; he is responsible for damages and injury which result from ordinary casualties, if it be proved that such might have been prevented by the exercise of reasonable care.

There is no lien on the cattle for the price of the agistment, unless by express agreement. Under the Agricultural Holdings Act, 1883, agisted cattle cannot be distrained on for rent if there be other sufficient distress to be found, and if such other distress be not found, and the cattle be distrained, the owner may redeem them on paying the price of their agistment.

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