Agistor

An officer who had the charge of cattle pastured for a certain stipulated sum in the king's forest and who collected the rates. Story, Bailm. § 443; Skinner v. Caughey, 64 Minn. 375, 67 N. W. 203. He is not, like an innkeeper, bound to take all horses offered to him, nor is he liable for any injury done to such animals in his care, unless he has been guilty of negligence, or from his ignorance, negligence may be inferred; Holt 547. See Schroeder v. Faires, 49 Mo. App. 470; Brush v. Land Co., 2 Tex. Civ. App. 188, 21 S. W. 389. In the absence of an express contract as to the degree of care to be taken, he is bound to provide reasonable feed and use ordinary care to protect cattle; Calland v. Nichols, 30 Neb. 532, 46 N. W. 631. Where a number of animals are taken to pasture for an agreed compensation, one of them cannot be taken away without payment for all; Yearsley v. Gray, 140 Pa. 238, 21 Atl. 517; Kroll v. Ernst, 34 Neb. 482, 51 N. W. 1032. The lien of an agistor is prior to the claim of an assignee of overdue notes secured by mortgage on the horses; Blain v. Manning, 36 Ill. App. 214. That he has no lien, see Prof. J. B. Ames in 3 Sel. Essays in Anglo-Amer. Leg. Hist. 290, citing 5 M. & W. 342, which followed Cro. Car. 271. See Bailment; Animal; Lien.

One who takes in horses or other animals to pasture at certain rates. Story, Bailm. § 443.