Home >> Cyclopedia Of Knowledge >> Knight Of Shire to Militia >> Licentiate in Medicine_P1

Licentiate in Medicine

lien, possession, contract, pledge, purpose and express

Page: 1 2

LICENTIATE IN MEDICINE is a physician who has a license to practise granted by the College of Physicians. There are two classes : licentiates wha are authorised to practise in London and within seven miles thereof; and extra licentiates, who are only privileged to practise in the country at a greater dis tance from the metropolis. The former class are authorised exclusively by the College of Physicians, hut medical gradu ates of Cambridge or Oxford may prac tise in the provinces independently of the college license.

LIEN (from the French lien," a tie," or "band"). Various definitions have been given from the bench of this juris tical term ; but many of them are either incomplete, or too general because of comprehending other rights besides those of lien. The following definition is per baps as correct as any that has proceeded from the judges :—" A lieu is a right in one man to retain that which is in his possession belonging to another till cer tain demands of him, the person in pos session, are satisfied." (Grose, J., in Hammond v. Barclay, 2 East, 227.) The definition therefore includes possession by the party claiming the lien ; and an un satisfied demand by him against the owner of the property : but it does not show wherein this right to retain another man's property differs from the right of a pawnee or pledgee.

The determination of what shall be possession sufficient to constitute one ele mutt of lien is a part of the general doc trine of possession. It follows from the definition that if the party claiming the lien has not possession, be can have no lien ; and as a general rule, if he has vo luntarily parted with possession, he has lost his lien. What shall be a parting with possession sufficient to cause a loss of lien is also to be determined by the general doctrine of possession. When pos session of the thing is regained, the lien does not revive if the possessor gets the thing back under any circumstances from which a different contract may be im plied from that under which he originally obtained the lien.

The defect of the above definition in not showing wherein consists the differ ence between lien and pledge leads to the consideration of the way in which the right called lien arises. It has been said that " liens only exist three ways; either by express contract, by usage of trade, or where there is some legal relation." (Bay ley, J., 1 Ba. and Ald., 582.) When lien arises by express contract, it is simply mortgage, pawn, or pledge, which are then the more appropriate terms ; or it is an agreement (such as may exist in the case of principal and factor) that goods intrusted by one per son to another for the purpose of sale, or for some other purpose than pledge, may be retained by the party intrusted with them, as a security for any debt or balance due to him from the other ; or it is an agreement that he may retain the pro ceeds of things intrusted to him to sell, for the same purpose. Pawn or pledge is the delivery of a thing by the owner to the pawnee, to be held and retained by him as security for a debt due from the owner to the pawnee ; and it is a matter of express contract. Lien by contract differs from pawning or pledging in this that in the former the retaining the thing is not the purpose for which the goods are delivered by the owner. In pawn or pledge goods are received in order to be retained and kept; in lien by contract they are delivered by the owner for some other purpose, but may be retained as a security for a debt due from the owner to the persou to whom he has delivered his goods.

Where two parties have so dealt with one another that one has claimed and the other has allowed the right of lien in re spect of any their mutual dealings, lien may exist in all cases of like dealings between them, if there be no verbal or written agreement to the contrary. The acts of the parties are here the evidence of the contract, which is as express as if made by formal words.

Page: 1 2