Agistment

Last updated

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 (derived from the Old English giste, gite, a "lying place"). [1]

Contents

History

Agistment originally referred specifically to the proceeds of pasturage in the king's forests in England, but now means either: [2]

  1. the contract for taking in and feeding horses or cattle on pasture land, for the consideration of a periodic payment of money;
  2. 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 in Great Britain by the Act 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 the House 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 the Acts of Union 1800, nevertheless it provided sufficient cover for widespread refusal to pay. [3]

Current usage

England (New Forest)

A dead cow in the New Forest. The sticker states "Agister Aware" because the agisters (not police) have the legal responsibility for commoners' animals in the forest. Agister Aware - New Forest Dec 2010.jpg
A dead cow in the New Forest. The sticker states "Agister Aware" because the agisters (not police) have the legal responsibility for commoners' animals in the forest.

In England, 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. [4]

Australia and New Zealand

In Australia, agistment is commonly used during times of drought; 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 travelling stock 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').

United States and Canada

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. [5] In the Western United States, agisters are landholders who offer pasturage services, or who seek to enforce agistment lien commitments. [lower-alpha 1]

Notes

  1. For example, in the State of 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" (Washington State Legislator 2016); as it is in Colorado (Colorado General Assembly 2005).
  1. Wedgwood, Hensleigh (1855). "On False Etymologies". Transactions of the Philological Society (6): 69.
  2. 1 2 Chisholm 1911, p. 377.
  3. Caffentzis, C. G. (2013). Exciting the Industry of Mankind: George Berkeley's Philosophy of Money. International Archives of the History of Ideas. Vol. 170. Springer. pp. 113–124. ISBN   978-94-015-9522-3 . Retrieved 2 March 2020.; Adair, Robert Shafto (1869). The Established Church of Ireland, Past and Future. With a Reprint of "Ireland and Her Servile War," 1866. Hodges, Smith & Foster. pp. xxviii–xxxi. Retrieved 2 March 2020.; Donlan, Seán Patrick (2016). The Laws and Other Legalities of Ireland, 1689-1850. Routledge. p. 85. ISBN   978-1-317-02599-3 . Retrieved 2 March 2020.
  4. For registered New Forest Ponies.
  5. Welcome to EcoReality! 2011; Day Spring Farm; BC Herdshare Association 2016.

Related Research Articles

Transhumance Type of pastoralism

Transhumance is a type of pastoralism or nomadism, a seasonal movement of livestock between fixed summer and winter pastures. In montane regions, it implies movement between higher pastures in summer and lower valleys in winter. Herders have a permanent home, typically in valleys. Generally only the herds travel, with a certain number of people necessary to tend them, while the main population stays at the base. In contrast, horizontal transhumance is more susceptible to being disrupted by climatic, economic, or political change.

Grazing Feeding livestock on forage

In agriculture, grazing is a method of animal husbandry whereby domestic livestock are allowed outdoors to roam around and consume wild vegetations in order to convert the otherwise indigestible cellulose within grass and other forages into meat, milk, wool and other animal products, often on land unsuitable for arable farming.

Common land Land owned collectively

Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.

Pastoralism Branch of agriculture concerned with raising livestock

Pastoralism is a form of animal husbandry where domesticated animals known as livestock are released onto large vegetated outdoor lands (pastures) for grazing, historically by nomadic people who moved around with their herds. The species involved include cattle, camels, goats, yaks, llamas, reindeer, horse and sheep.

New Forest pony Breed of pony native to the British Isles

The New Forest pony is one of the recognised mountain and moorland or native pony breeds of the British Isles. Height varies from around 12 to 14.2 hands ; ponies of all heights should be strong, workmanlike, and of a good riding type. They are valued for hardiness, strength, and sure-footedness.

Drovers road Route for driving livestock on foot

A drovers' road, drove [road] or droveway is a route for droving livestock on foot from one place to another, such as to market or between summer and winter pasture. Many drovers' roads were ancient routes of unknown age; others are known to date back to medieval or more recent times.

Exmoor pony Breed of horse

The Exmoor pony is one of the mountain and moorland pony breeds native to the British Isles. Some still roam as semi-feral livestock on Exmoor, a large area of moorland in Devon and Somerset in southwest England. The Exmoor has been given "Priority" conservation status by the Rare Breeds Survival Trust (UK), and "threatened" status by The Livestock Conservancy (USA). Exmoor ponies are particularly well-adapted to cold and wet weather and therefore very hardy, having conformation similar to that of other cold-weather-adapted pony breeds. The free-roaming herds on Exmoor contribute to the conservation and management of several natural habitats. Most foals born into the free-living herds are sold and with taming and training undertake a variety of equestrian activities.

Pastoral farming Method for producing livestock

Pastoral farming is aimed at producing livestock, rather than growing crops. Examples include dairy farming, raising beef cattle, and raising sheep for wool. In contrast, arable farming concentrates on crops rather than livestock. Finally, mixed farming incorporates livestock and crops on a single farm. Some mixed farmers grow crops purely as fodder for their livestock; some crop farmers grow fodder and sell it. In some cases pastoral farmers are known as graziers, and in some cases pastoralists. Pastoral farming is a non-nomadic form of pastoralism in which the livestock farmer has some form of ownership of the land used, giving the farmer more economic incentive to improve the land. Unlike other pastoral systems, pastoral farmers are sedentary and do not change locations in search of fresh resources. Rather, pastoral farmers adjust their pastures to fit the needs of their animals. Improvements include drainage, stock tanks, irrigation and sowing clover.

Silvopasture Agricultural practice of grazing animals in woodland

Silvopasture is the practice of integrating trees, forage, and the grazing of domesticated animals in a mutually beneficial way. It utilizes the principles of managed grazing, and it is one of several distinct forms of agroforestry.

Droving

Droving is the practice of walking livestock over long distances. It is a type of herding. Droving stock to market—usually on foot and often with the aid of dogs—has a very long history in the Old World. An owner might entrust an agent to deliver stock to market and bring back the proceeds. There has been droving since people in cities found it necessary to source food from distant supplies.

Feral horse Free-roaming horses of domesticated horse ancestry

A feral horse is a free-roaming horse of domesticated stock. As such, a feral horse is not a wild animal in the sense of an animal without domesticated ancestors. However, some populations of feral horses are managed as wildlife, and these horses often are popularly called "wild" horses. Feral horses are descended from domestic horses that strayed, escaped, or were deliberately released into the wild and remained to survive and reproduce there. Away from humans, over time, these animals' patterns of behavior revert to behavior more closely resembling that of wild horses. Some horses that live in a feral state but may be occasionally handled or managed by humans, particularly if privately owned, are referred to as "semi-feral".

A remuda is a herd of horses that ranch hands select their mounts from. The word is of Spanish derivation, for 'remount' i.e. "change of horses" and is commonly used in the American West.

An equestrian facility is created and maintained for the purpose of accommodating, training or competing equids, especially horses. Based on their use, they may be known as a barn, stables, or riding hall and may include commercial operations described by terms such as a boarding stable, livery yard, or livery stable. Larger facilities may be called equestrian centers and co-located with complementary services such as a riding school, farriers, vets, tack shops, or equipment repair.

Aurora Organic Dairy

Aurora Organic Dairy is an American company, based in Boulder, Colorado, which operates large factory farms, each with thousands of dairy cows, in Colorado and Texas. The company supplies and packages private-label, store-brand, organic dairy products for many of the country's largest grocery chains, including Wal-Mart, Safeway, Target and Costco.

Wild and Free-Roaming Horses and Burros Act of 1971 Act of Congress (Pub.L. 92–195), signed into law by President Richard M. Nixon on December 18, 1971

The Wild and Free-Roaming Horses and Burros Act of 1971 (WFRHBA), is an Act of Congress, signed into law by President Richard M. Nixon on December 18, 1971. The act covered the management, protection and study of "unbranded and unclaimed horses and burros on public lands in the United States."

Free-roaming horse management in North America

Management of free-roaming feral and semi-feral horses, on various public or tribal lands in North America is accomplished under the authority of law, either by the government of jurisdiction or efforts of private groups. In western Canada, management is a provincial matter, with several associations and societies helping to manage wild horses in British Columbia and Alberta. In Nova Scotia, and various locations in the United States, management is under the jurisdiction of various federal agencies. The largest population of free-roaming horses is found in the Western United States. Here, most of them are protected under the Wild and Free-Roaming Horses and Burros Act of 1971 (WFRH&BA), and their management is primarily undertaken by the Bureau of Land Management (BLM), but also by the U. S. Forest Service (USFS)

A herdshare is a contractual arrangement between a farmer and an owner of livestock - the shareholder or member - through which the shareholder is able to obtain raw milk, meat, offal and other profits of the livestock proportionate to the shareholder's interest in the herd. Herdshares include cowshares, goatshares, and sheepshares, and are sometime referred to as "farmshares" or "dairy-shares," although the term "farmshare" can also refer to an entire farm held in joint ownership.

Agriculture in Wales Cultivation of plants and animals in Wales

Agriculture in Wales has in the past been a major part of the economy of Wales, a largely rural country that forms part of the United Kingdom. Wales is mountainous and has a mild, wet climate. This results in only a small proportion of the land area being suitable for arable cropping, but grass for the grazing of livestock is present in abundance. As a proportion of the national economy, the importance of agriculture has become much reduced; a high proportion of the population now live in the towns and cities in the south of the country and tourism has become an important form of income in the countryside and on the coast. Arable cropping is limited to the flatter parts and elsewhere dairying and livestock farming predominate.

Erlenbacher Hut

The Erlenbacher Hut is an inn and cattle hut (Almhütte) on the Erlenbach stream in the Black Forest in Germany.

Agister (New Forest) Employee of the New Forest Verderers

In the New Forest, an agister (/ˈadʒɪstə/) is a local official whose role is to assist the Verderers with their duty to manage the free-roaming animals that the local commoners are allowed to release onto the forest. Several thousand semi-wild ponies run free, along with several thousand cattle and lesser numbers of donkeys, sheep and pigs. These are owned by the commoners who pay an annual grazing fee known as the ‘marking fee’. There are currently five New Forest agisters employed by the Court of Verderers, each with responsibility for a specific forest area.

References

Attribution: