Agistment originally referred specifically to the proceeds of pasturage in theking's forests. Toagist is, inEnglish law, to takecattle tograze, in exchange for payment (derived, viaAnglo-Normanagister, from theOld Frenchgiste,gite, a "lying place").[1]
Agistment originally referred specifically to the proceeds of pasturage in theking's forests in England, but now means either:[2]
Agistment involves a contract ofbailment, 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 nolien on the cattle for the price of the agistment unless by express agreement. Under theAgricultural 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. Thetithe of agistment or "tithe of cattle and other produce of grass lands" was formally abolished in Great Britain by theAct of Union in 1707, on a motion submitted with a view to defeat that measure.[2]
Agistment tithe continued in Ireland, but was opposed by landlords who had converted holdings from tillage to pasture, who secured a 1736 resolution of theHouse of Commons of Ireland opposing the levying of agistment tithe on "dry and barren cattle". Although this was not enshrined in statute law until just before theActs of Union 1800, nevertheless it provided sufficient cover for widespread refusal to pay.[3]
InEngland, agisters were formerly the officers of the forest empowered to collect the agistment. They have been re-established in theNew Forest to carry out the daily duties of administering the forest.[4]
InAustralia, agistment is commonly used during times ofdrought; livestock from a drought-affected property can be agisted on a drought-free property elsewhere in the country. The livestock may travel to the alternate pasture by truck or by travellingstock route. Agistment can also refer, in both Australia and New Zealand, to places such as farms, paddocks, or studs where the owners of horses can pay to have their animals looked after and allowed to graze ('full agistment') or where grazing only is offered ('part agistment').
In theUnited States andCanada, the term agister is used inraw milk herdshare agreements to refer to the person hired to provide agistment services for owners of the herd animals.[5] In theWestern United States, agisters are landholders who offer pasturage services, or who seek to enforce agistment lien commitments.[a]
Attribution:
This article incorporates text from a publication now in thepublic domain: Chisholm, Hugh, ed. (1911). "Agistment".Encyclopædia Britannica. Vol. 1 (11th ed.). Cambridge University Press. p. 377.