LIEN, at common law, in respect of personal chattels, is the right in one man legally possessed of the chattels of another, to retain the same until certain present claims of the holder against the owner are satisfied. Liens are general or specific ; they are implied by law, or authorised by custom or usage ; or they are created by express contract between the parties. Their existence is conditional on possession, not wrongfully obtained, and uninterruptedly continued. And their pur pose is, in the way of a natural remedy, to enforce simple rights, such as accrue chiefly in commerce, and such as in point of principle are too plain and obvious to admit of dispute.
For instance, upon a sale, for ready money, of a specific chattel, the right of property in the article and the right of possession immediately rails by the law of this country to the purchaser; but until the vendor actually or constructively parts with possession of the thing sold, be has a right to retain it fen the price agreed to be paid, and that right is called his lien. This is one instance of a lien implied by law. The vade. ties of this kind of lien are numerous. Asa general rule, every mechanic may retain a chattel for time price of his labour in improving it at the request of the owner. A dyer, a fuller, a packer, a tailor, who employs his labour un goods sent to him for the purpose, are familiar instances of a very extensive class. A common carrier may retain the merchan dise till the carriage is paid ; and an innkeeper the goods of his guest for the amount of his bill ; and in both instances this is deemed a fair privilege of those persons at common law who are obliged by the same law to receive the goods or guests respectively, whenever it is not unreasonable that they should do so. But in respect of ships chartered for a particular voyage, if it should be said they do not come within the definition of carriers at common law, there is still a lien, for the freight, on the goods carried, in virtue of the improved value assumed to have been conferred thereon by their conveyance to a different market. Aa between attorney and client, the former has a lien on all papers in his possession for the amount of his ; as between principal and factor, there is a lien in the latter upon all goods in his possession belonging to the former, for his commission and any advances which he is under to the principal.
Lion, where not implied by law, may exist by custom. But custom in this, a9 in all other cases, to be legal must be reasonable, and not repugnant to the main purpose of the parties in the transaction which it is to affect. There is no lien, by law, for the agistment of cattle ; but to set up a lien by custom in the case of milch cows would obvioualy defeat the purpose of both parties, as the owner need have possession of them in order to milk them from time to time. The training of a race-horse offers a similar illustration, since it is assumed that the owner means to enter him for different races, and must obtain possession in order to put him on the course.
As, however, it is quite competent for the parties to create a lien by their own agreement, if theyare foolish enough to enter into a contract which it is either difficult or inconvenient, or even impossible to perform, the contract is good, notwithstanding, and the sufferer must take the consequences.
A general lieu is a right to retain tho particular goods until all the holder's claims accrued against the owner in the same course of bul lies/I are satisfied. Such a lien is implied by law in favour of a factor for his general balance of commission and advances duo from the same principal. however, a lien of this nature is not favoured by the law ; and even where it exists by custom, as in the case of a carrier for his general account spinet the same consignee, the consignor may atop the particular goods in transitu, and obtain possession on payment of the carrier's charge in respect of them only. A specific lion, as the latter illustration may suggest, is a right to retain particular goods for claims, in respect of such goods only ; it is more favoured, because less prejudicial to the interests and course of commerce.