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Encyclopedia Britannica



AGISTMENT

This article appears in Volume V01, Page 377 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ADA-AIZ
AGISTMENT . To "agist" (from O. Fr. agister, derived from gesirLat. jacereto lie) is, in law, to take cattle to graze, for a remuneration. " 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 consideration of a weekly payment of money, or (b) the profit derived from such pasturing. Agistment is a
contract
  of
bailment
 , and the bailer is bound to take reasonable care of the animals entrusted 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
great
  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. The tithe of agistment or " tithe of cattle and other produce of grass lands," was formally abolished by the act of
union
  in 1707, on a motion submitted with a view to defeat that measure.


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