LIEN. A hold or claim which one person has upon the property of another as a security for some debt or charge.
In every case in which property, either real or personal, is oharged with the payment of a debt or duty, every such charge may be denominated a lien on the property. Whit. Liens. It differs from an estate in or title to bhe property, as it may be discharged at any time by payment of the sum for which the lien attaches. It differs from a mart gage in the faot that a mortgage is made and the property delivered, or otherwise, for the express purpose of security ; while the lien attaches as in cidetital to the main purpose of the bailment, or, as in case of &judgment, by mere act of the law with out any aot of the party. In this general' sense the word is commonly used by English and Ameri can law writers to include those preferred or pri vileged claims given by statuto or by admiralty law, and which seem to have been adopted from the civil law, as well as the security existing at common law, to which the term more exactly ap plies. In its more limited as well as commoner sense, the word lien indicates a mere right to hold the property of another as security; or it is the right which one person possesses, in certain cases, of detaining property placed in his possession be longing to another, until some demand which the former has be satisfied. 2 East, 235. A qualified right which, in certain cases, may be exeroised over the property of another. 6 East, 25, n. A lien is a right to holct. 2 Campb. 579. A lien in regard to personal property is a right to detain the property till some claim or charge is satisfied. Mete. Yelv. 67, n. c. The right of retaining or continuing possession till the prim is paid. I Parsons, Mar. Law, 144.
Common Law Lien 2.11 Which exist by law 2, 3 By usage 3, 4 By express agreement 5 Bailments of various kinds 6-8 Requisites to create 9, 10 Waiver 10-12 Civil Law Lien 13-15 Equitable Liens 17-20 Maritime Liens 21-32 Of shipper of goods 22 Of owner and charterer 23 0 f master 25,26 Of seamen 27 Of material men 28 Collision 30 Ship's husband 31 Statutory Liens 33-42 Judgment Lien 33.38
Mechanic's Lien 39-42 The Common Law Lien. As distin guished from the other classes, it consists in a mere right to retain posseesion until the debt or charge is paid.
In the osse of a factor an apparent exception ex ists, as he is allowed a lien on the proceeds of goods sold, as well as on the goods themselves. But this seems to result from the relation of the parties and the purposes of the bailment; to effectuate which, and at the same time give a security to the factor, the law considers the possession, or right to possession, of the proceeds, the same thing as the possession of the goods themselves.
A particular lien is a right to retain the property of another on account of labor em ployed or money expended on that specific property. Whitaker, Liens, 9.
A geraeral lien is a right to retain the pro perty of another on account of a general balance due from the 'owner. 3 Bus. & P. 494.
2. Of course, where a general lien exists, a particular lien is included.
Particular liens constitute the oldest class of liens, and the one most favored by the common law. 4 Burr. 2221 ; Dougl. 97 ; 3 Bos. & P. 126. But courts ceased to origin ate liens at an early period, 9 East, 426 ; while general liens have been looked upon with jealousy, being considered encroach ments upon the common law and founded solely in the usage of and for the benefit of trade. 3 Bos. & P. 42, 26, 494. Liens either exist by law, arise from usage, or are created by express agreement.
Liens which exist by the common law, gene rally arise in cases of bailment. Thus, a particular lien exists whenever goods are de livered to a tradesman for the execution of the purposes of his trade upon them. 1 Atk. Ch. 228 ; 2 Rolle, Abr. 92 ; 3 Maule & S. 167 ; 14 Pick. Mass. 332 ; 7 Barb. N. Y. 113. And so, where a person is, from the nature of his occupation, under a legal obligation to re ceive and be at trouble or expense about the personal property of another; in every such case he is entitled to a particular lien on it. 1 Esp. 109 ; Ld. Raym. S67 ; 6 Term, 17 ; 3 Bos. & P. 42.