If  the  herders  abandon  their  work  without  cause,  it  is
the  duty  of  the  owner  to  furnish  others,  failing  which
the  agister  may  employ  others  at  the  owner's  expense.^®

An  agister,  as  a  depositary  of  living  animals,  is  required
to  provide  them  with  suitable  food  and  shelter,  and
treat  them  kindly.^^  While  he  is  not  an  insurer  against
injury  to  or  loss  of  the  stock  intrusted  to  his  keeping,  he
is  bound  to  take  reasonable  care  thereof,  and  injury  or
loss  resulting  from  ordinary  casualties  that  could  have


7.  Williams  v.  Miller,  68  Cal.  290,
9  Pae.  166,  in  Bank.  See  6  Pac.
14,  opinion  in  Department.  See
Howard  v.  Throckmorton,  59  Cal.
79.
8.  Lewis  V.  Tyler,  23  Cal.  364.
See  section  1853  of  the  Civil  Code
which  provides:  "In  the  absence  of
A  dilFerent  agreement  or  usage,  a
•depositary  for  hire  is  entitled  to
one  week's  hire  for  the  sustenance
jind   shelter  of  living  animals  dur-


ing any  fraction  of  a  week."

9.  See  supra,  S  10.
10.  Dennis  v.  Belt,  30  Cal.  247,
where  it  was  said  that,  since  the
herders  are  subordinates  of  the
agister,  hearsay  evidence  of  dec-
larations of  the  herders  favorable
to  the  defendant  are  not  admissible
in  evidence  for  the  defendant.
11.  Mitchell  V.  Excelsior  Water
&  Mining  Co.  (Cal.  App.),  182  Pac.
326.    See  supra,  §9.
19


§  12  Animals.  2  Cal.  Jur.
