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