Agistment
Encyclopedia
Agistment originally referred specifically to the proceeds of pasturage in the king's forests
. To agist is, in English law
, to take cattle
to graze, in exchange for payment.
in England, but now means either: the contract
..for taking in and feeding horses or other cattle on pasture
land, for the consideration of a weekly payment of money, or 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.
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.
In the Western United States
, agisters are landholders who hold themselves out as providing pasturage services, or who seek to enforce agistment liens.
, agistment is commonly used in drought
, where livestock on a drought-affected property are agisted to a drought-free property elsewhere in the country. The livestock may travel to the alternate pasture by truck, or by travelling stock route
.
Royal forest
A royal forest is an area of land with different meanings in England, Wales and Scotland; the term forest does not mean forest as it is understood today, as an area of densely wooded land...
. To agist is, in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, to take cattle
Cattle
Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
to graze, in exchange for payment.
Agistment
Agistment originally referred specifically to the proceeds of pasturage in the king's forestsRoyal forest
A royal forest is an area of land with different meanings in England, Wales and Scotland; the term forest does not mean forest as it is understood today, as an area of densely wooded land...
in England, but now means either: the contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
..for taking in and feeding horses or other cattle on pasture
Pasture
Pasture is land used for grazing. Pasture lands in the narrow sense are enclosed tracts of farmland, grazed by domesticated livestock, such as horses, cattle, sheep or swine. The vegetation of tended pasture, forage, consists mainly of grasses, with an interspersion of legumes and other forbs...
land, for the consideration of a weekly payment of money, or the profit derived from such pasturing.
Agistment is a contract of bailment
Bailment
Bailment describes a legal relationship in common law where physical possession of personal property, or chattel, is transferred from one person to another person who subsequently has possession of the property...
, 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
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
on the cattle for the price of the agistment, unless by express agreement. Under the Agricultural Holdings Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
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
Tithe
A tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
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
Agisters in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
were formerly the officers of the forest empowered to collect the agistment. They have been re-established in the New Forest
New Forest
The New Forest is an area of southern England which includes the largest remaining tracts of unenclosed pasture land, heathland and forest in the heavily-populated south east of England. It covers south-west Hampshire and extends into south-east Wiltshire....
to carry out the daily duties of administering the forest.
In the Western United States
Western United States
.The Western United States, commonly referred to as the American West or simply "the West," traditionally refers to the region comprising the westernmost states of the United States. Because the U.S. expanded westward after its founding, the meaning of the West has evolved over time...
, agisters are landholders who hold themselves out as providing pasturage services, or who seek to enforce agistment liens.
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, agistment is commonly used in drought
Drought
A drought is an extended period of months or years when a region notes a deficiency in its water supply. Generally, this occurs when a region receives consistently below average precipitation. It can have a substantial impact on the ecosystem and agriculture of the affected region...
, where livestock on a drought-affected property are agisted to a drought-free property elsewhere in the country. The livestock may travel to the alternate pasture by truck, or by travelling stock route
Stock route
In Australia, the Travelling Stock Route is an authorised thoroughfare for the walking of domestic livestock such as sheep or cattle from one location to another...
.