3. And sometimes a lien arises where there is strictly no bailment. Thus, where a ship or goods at sea come into possession of a party by finding, and he has been at some trouble or expense about them, he is entitled to retain the same until reimbursed his ex penses. This applies only to the salvors of a ship and cargo preserved from peril at sea, 1 Ld. Raym. 393 ; 5 Burr. 2732; 8 East, 57; 16 Penn. St. 393, and, in the case of property on shore, where a specific reward is offered for the restoration, 8 Gill, Md. 218 ; 3 Mete. Mass. 352, and does not apply, generally, it is said, to the preservation of things found upon land. 2 H. Blackst. 254 ; 2 W.-Blackst. 1117.
Liens which arise by usage are usually general liens, and the usage is said by Whita ker to be either the general usage of trade, or the particular usage of the parties. Whita ker, Liens, 31.
4. The usage must be so general that the party delivering the goods may be presumed to have known it, and to have made the right of lien a part of the contract. 3 Bos. & P. 50. And it is said the lien roust be for a general balance arising from transactions of a similar character between the parties, and that the debt must have accrued in the business of the party claiming the lien, Whitaker, Liens, 33 ; and see 1 Atk. Ch. 223 ; 1 W. Blackst. 651 ; and it seems that more deci sive proof of general usage is required in those occupations in which the workmen aro required to receive their employment when offered them, such as carriers. 6 Term, 14 ; 6 East, 519 ; 7 id. 224. But where a general lien has been once established, the courts will not allow it to be disturbed. 1 Esp. 109; 3 id. 31.
In regard to a general lien arising from particular usage between the parties, proof of their having before dealt upon the basis of such a lien will be presumptive evidence that they continue to deal upon the same terms. 1 Atk. Ch. 235 ; 6 Term, 19. If a debtor, who has already pledged property to secure a loan, borrow a further sum, it will be understood that the creditor's lien is for the whole debt. 2 Vern. Ch. 691.
5. Liens which arise from express agree ment. A general or particular lien may be acquired in any case by the express agree ment of the parties. Croke Car. 271 ; 6 Term, 14. This generally happens when goods are placed in the hands of a person for the execution of some particular purpose upon them, with an express contract that they shall be considered as a pledge for the labor or expense which the execution of that purpose may occasion. Or it exists where
property is merely pawned or delivered for bare custody to another, for the sole purpose of being a security for a loan made to the owner on the credit of it. Whitaker, Liens, 27. And if a: number of tradesmen, not obliged by law to receive the goods of any one who offers,,for the purposes of their trade, agree not to receive goods unless they may be held subject to a general lien for the balance due thcm, and the bailor knows this, and leaves the goods, the lien attaches. 6 Term, 14 ; 3 Bos. & P. 42. And the same is true, of course, of an individual under similar circumstances.
6. But where the tradesman is obliged to receive employment from any one who offers, a, mere notice will not be enough to give this lien with implied assent, but express assent must be shovrn. 6 Term, 14. Among the different classes who have liens by the com mon law, in the absence of any special agree ment, are— innkeepers. They may detain a horse for his keeping, 2 Ld. Raym. 366 ; 8 Mod. 173 ; 6 Term, 141, if he belong to a guest, 11 Barb. N. Y. 41 ; but not sell him, F. Moore, 876 ; Bacon, Abr. inns (D); 8 Mod. 173 ; ex cept by custom of London and Exeter, F. Moore, 876; and cannot retake the horse after giving him up. 8 Mod. 173 ; Hob. 42 ; Mete. Yelv. 67. They may detain the goods of a traveller, but not of a boarder. 8 Rich. So.
C. 423. Their lien is a particular lien. 9 East, 433 ; Croke Car. 271 ; 2 E. D. Smith, N. Y. 195.
Warehousemen have a particular lien. 18 Ill. 286 ; 34 Eng. L. & Eq. 116 ; 31 Miss. 261 ; 13 Ark. 437.
Tailors have a particular lien. Croke Car. 271; 9 East, 433.
Common carrier8, for transportation of goods, 1 Ld. Raym. 752; 6 East, 519; 7 id. 224 ; 1 Dougl. Mich. 1; Wright, Ohio, 216 ; 24 Me. 339; but not if the goods are taken tortiously from the owner's possession, where the carrier is innocent, 1 Dougl. Mich. 1; 2 IIall, N.Y. 561; 5 Cush. Mass. 137 ; contra, 6 East, 519 ; 6 Whart. Penn. 418 ; and on a passenger for his passage-money. 2 Campb. 631. Part of the goods may be detained for the whole freight of goods belonging to the same person. 6 East, 622.