Agistment


Agistment

To agist is, in English 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 of 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.

Agisters, in the United Kingdom were formerly the officers of the forest empowered to collect the agistment. They have been re-established in the New Forest to carry out the daily duties of administering the forest. [ [http://www.newforestpony.com/ponytales/agister.htm New Forest Agisters] ] In the Western United States, agisters are land holders who hold themselves out as providing pasturage services, or who seek to enforce agistment liens. [For example, in Washington, "agister" is defined as "a farmer, ranchman, herder of cattle, livery and boarding stable keeper, veterinarian, or other person, to whom horses, mules, cattle, or sheep are entrusted for the purpose of feeding, herding, pasturing, training, caring for, or ranching." [http://apps.leg.wa.gov/RCW/default.aspx?cite=60.56.005 Revised Code of Washington RCW 60.56.005] ]

Drought

In Australia, agistment is commonly used in drought, where stock on a drought affected property are agisted to a drought free property somewhere else in the country. The stock may travel to the alternate pasture by truck or by travelling stock route.

Notes

References

*1911


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Look at other dictionaries:

  • Agistment — A*gist ment, n. [OF. agistement. See {Agist}.] (Law) (a) Formerly, the taking and feeding of other men s cattle in the king s forests. (b) The taking in by any one of other men s cattle to graze at a certain rate. Mozley & W. (c) The price paid… …   The Collaborative International Dictionary of English

  • agistment — 1. grazing people s animals for reward. 2. an Irish term for the right to graze livestock on land. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • agistment — /ajistmant/ A particular kind of bailment under which a person, for consideration, takes animals for care and pasturing on his land, and the person who cares for the animals has an agister s lien on the animals for that care. Hatley v. West, 74… …   Black's law dictionary

  • agistment — /ajistmant/ A particular kind of bailment under which a person, for consideration, takes animals for care and pasturing on his land, and the person who cares for the animals has an agister s lien on the animals for that care. Hatley v. West, 74… …   Black's law dictionary

  • agistment — noun a) The taking in by any one of other mens cattle to graze at a certain rate. b) A charge or rate against lands; as, an agistment of sea banks, i. e., charge for banks or dikes …   Wiktionary

  • agistment — /euh jist ment/, n. Obs. 1. the act of agisting. 2. a contract or an agreement to agist. 3. the fee paid or the profit made in agisting. [1605 15; AGIST + MENT] * * * …   Universalium

  • agistment — n. (Archaic) grazing of animals for a fee; grazing fee; formal agreement to feed and pasture animals …   English contemporary dictionary

  • agistment — agist·ment …   English syllables

  • agistment — /əˈdʒɪstmənt/ (say uh jistmuhnt) noun 1. the act of agisting. 2. the price paid for pasturing livestock. 3. a burden or tax …   Australian English dictionary

  • agistment — The particular kind of bailment under which a man, for a consideration, takes cattle to graze and pasture on his land. 4 Am J2d Am § 72 …   Ballentine's law dictionary