LIEN, in English and Irish law, means the security or hold over goods or land for a debt which is due, A right of lien is the right to retain goods of a third party which are in the creditor's hands, until a debt due, by such party to the creditor is paid. Pos session is in general essential to constitute a lien, for the moment the goods arc volun tarily parted with the lien is gone. Liens are general or particular. Thus, an attorney has a general lien over his client's papers and title-deeds till the amount of his bill of costs is paid. So have bankers, dyers, calico-printers, factors. A. particular lien is a lien over goods, for a debt contracted in respect of such goods, as for the price of or some labor expended on them. Thus, a miller has a .ien on the flour he has ground, a trainer on the horse he has trained, etc. There are also maritime liens and equitable liens, which do not require possession to constitute the right. In Scotland lien is gen erally called detention or hypothec (see lIvronrEc).
LIEN (ante). Another division of liens is into Sens by common law and liens by usage. Time former occur in the ordinary contracts of bailment; the latter arise by an established general usage of trade, or special usage of the parties, and are for the meat part general liens. A lien may be created by express amement, but without such agreement the common law gives a lien to certain classes cf persons; thus, persons to whom property has been pawned, common-carriers, innkeepers, etc., have a particular lien. An equitable lien is one recognized by courts of equity alone. Such liens arc in
the nature of a constructive. trust, as time lien of a vendor of real estate for unpaid pur elne:e morn y, or of the vendee of real estate who has paid part of the purchase money; but these liens are not recognized everywhere in time United States. The person claiming such a lien must not have accepted any other security, such at the note of a third per son. Maritime liens differ from common law liens in that they do not rest ripen poKes mon. The owner of a ship has a lien on the cargo for his freight, the shipper has a lien upon the ship to the amount of the goods shipped by him, a seaman nas a lien upon both ship and freight for his wages, etc. A master of a vessel has a lien, by statute. In England, for his wages and for sums paid out by him, but in the United states lie has no lien upon the vessel for his wages, but a lien upon the freight for his disbursements. In the United States an important class of liens has been created by statute. These are called mechanics' liens, and give to men who labor, or who furnish labor or material for the erection or repair of buildings, a lieu upon such buildings, from the time they begin to labor or to furnish labor or materials. This class of liens is irrespective of possession. Another statutory lien is a judgment lien upon real property against which judgment has been rendered. Liens, as a rule, are enforced by a sale of the property upon petition to the proper court.