Agistment: Difference between revisions
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'''Agistment''' originally referred specifically to the proceeds of pasturage in the [[royal forest|king's forests]]. To '''agist''' is, in [[English law]], to take [[cattle]] to [[graze]], in exchange for payment. |
'''Agistment''' originally referred specifically to the proceeds of pasturage in the [[royal forest|king's forests]]. To '''agist''' is, in [[English law]], to take [[cattle]] to [[graze]], in exchange for payment. |
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==History== |
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Agistment originally referred specifically to the proceeds of pasturage in the [[royal forest|king's forests]] in England, but now means either: |
Agistment originally referred specifically to the proceeds of pasturage in the [[royal forest|king's forests]] in England, but now means either:{{sfn|Chisholm|1911|p=377}} |
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# the [[contract]] for taking in and feeding horses or other cattle on [[pasture]] land, for the consideration of a periodic payment of money; |
# the [[contract]] for taking in and feeding horses or other cattle on [[pasture]] land, for the consideration of a periodic payment of money; |
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# the profit derived from such pasturing. |
# the profit derived from such pasturing. |
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Agistment involves a contract of [[bailment]], and the bailee must 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 1707|Act of Union]] in 1707, on a motion submitted with a view to defeat that measure. |
Agistment involves a contract of [[bailment]], and the bailee must 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 1707|Act of Union]] in 1707, on a motion submitted with a view to defeat that measure.{{sfn|Chisholm|1911|p=377}} |
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== |
==Current usage== |
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[[File:Agister Aware - New Forest Dec 2010.jpg|thumb|A dead cow beside ''Roger Penny Way'' in the [[New Forest]], [[Hampshire]]. The sticker states "Agister Aware" because the agisters (not police) have the legal responsibility for animals in the forest.]] |
[[File:Agister Aware - New Forest Dec 2010.jpg|thumb|A dead cow beside ''Roger Penny Way'' in the [[New Forest]], [[Hampshire]]. The sticker states "Agister Aware" because the agisters (not police) have the legal responsibility for animals in the forest.]] |
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In the [[United Kingdom]], Agisters 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 [[United Kingdom]], Agisters 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.{{sfn|''For registered New Forest Ponies''}} |
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In the [[Western United States]], agisters are landholders who offer pasturage services, or who seek to enforce agistment lien commitments. |
In the [[Western United States]], agisters are landholders who offer pasturage services, or who seek to enforce agistment lien commitments.{{efn|1=For example, in [[Washington (state)|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] {{dead link|date=January 2016}})}} |
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In [[Australia]], 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]]. The term is not used in [[New Zealand]]. |
In [[Australia]], 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]]. The term is not used in [[New Zealand]].{{citation needed|date=January 2016}} |
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In the [[United States]] and [[Canada]], the term agister is used in [[raw milk]] herdshare agreements to refer to the person hired to provide agistment services for owners of the herd animals. |
In the [[United States]] and [[Canada]], the term agister is used in [[raw milk]] herdshare agreements to refer to the person hired to provide agistment services for owners of the herd animals.{{sfn|''Welcome to EcoReality!''|2011}}{{sfn|''Day Spring Farm''}}{{sfn|''BC Herdshare Association''|2016}} |
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==Notes== |
==Notes== |
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{{notelist}} |
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{{more footnotes|date=February 2014}} |
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{{reflist}} |
{{reflist}} |
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==References== |
==References== |
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*{{cite web | title=Agister - MediaWiki | website=Welcome to EcoReality! | date=7 June 2011 | url=http://www.ecoreality.org/wiki/Agister | ref={{sfnref | Welcome to EcoReality! | 2011}} | accessdate=January 2016}} |
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*{{cite web | title=Bovine Agistment Agreement | website=Day Spring Farm | url=http://dayspringfarmva.com/bovine%20agistment%20agreement.pdf | ref={{sfnref | Day Spring Farm}} | accessdate=January 2016}} |
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*{{cite web | title=Common Terms Explained | website=BC Herdshare Association | date=30 January 2016 | url=http://bcherdshare.org/information/common-terms-explained/ | ref={{sfnref | BC Herdshare Association | 2016}} | accessdate=January 2016}} |
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*{{cite web | title=The New Forest Agisters | website=For registered New Forest Ponies | url=http://www.newforestpony.com/agisters.php | ref={{sfnref | For registered New Forest Ponies}} | accessdate=January 2016}} |
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'''Attribution:''' |
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[[Category:Animal law]] |
[[Category:Animal law]] |
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Revision as of 09:40, 31 January 2016
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.
History
Agistment originally referred specifically to the proceeds of pasturage in the king's forests in England, but now means either:[1]
- the contract for taking in and feeding horses or other cattle on pasture land, for the consideration of a periodic payment of money;
- the profit derived from such pasturing.
Agistment involves a contract of bailment, and the bailee must 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.[1]
Current usage
In the United Kingdom, Agisters 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.[2]
In the Western United States, agisters are landholders who offer pasturage services, or who seek to enforce agistment lien commitments.[a]
In Australia, 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. The term is not used in New Zealand.[citation needed]
In the United States and Canada, the term agister is used in raw milk herdshare agreements to refer to the person hired to provide agistment services for owners of the herd animals.[3][4][5]
Notes
- ^ 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." (Revised Code of Washington RCW 60.56.005 [dead link])
References
- "Agister - MediaWiki". Welcome to EcoReality!. 7 June 2011. Retrieved January 2016.
{{cite web}}: Check date values in:|accessdate=(help) - "Bovine Agistment Agreement" (PDF). Day Spring Farm. Retrieved January 2016.
{{cite web}}: Check date values in:|accessdate=(help) - "Common Terms Explained". BC Herdshare Association. 30 January 2016. Retrieved January 2016.
{{cite web}}: Check date values in:|accessdate=(help) - "The New Forest Agisters". For registered New Forest Ponies. Retrieved January 2016.
{{cite web}}: Check date values in:|accessdate=(help)
Attribution:
- This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Agistment". Encyclopædia Britannica. Vol. 1 (11th ed.). Cambridge University Press. p. 377.
