7. Bailees for hire, generally, for work done by them. 6 Term', 14 ; 3 Selwyn, Nisi P. 1163 ; 4 Term, 260 ; 26 Miss. 182 ; 4 Wend. N. Y. 292. A wharfin ger . Ware, Dist. Ct. 354.
An agister of cattle has no lien, Croke Car, 271 ; nor a livery-stable keeper, 2 Ld. Raym. 866 ; 6 East, 509 ; 35 Me. 153 ; otherwise in Pennsylvania. 23 Penn. St. 193.
Attorneys and solicitors have a lien upon papers of their clients, 12 Wend. N. Y. 261 ; 2 Aik. Vt. 162 ; 14 Vt. 485 ; 11 N. II. 163 .; 11 Miss. 225 ; and also upon judgments obtained by them, 20 Pick. Mass. 259; 2 Mete. Mass: 458 ; 10 Barb. N. Y. 67 ; 4 Sandf. N. Y. 661 ; Wright, Ohio, 485; 30 Me. 152 ; 15 Vt. 544 ; not in Pennsylvania. 7 Penn. St. 376. This lien is subject to some restrictions. Mete. Yelv. 67 f ; 34 Me. 20 ; 21 N. H. 339; 22 Pick. Mass. 210.
Clerics of courts have a lien on papers for their fees. 3 Atk. Ch. 727; 2 P. Will. 460 ; 2 Ves. Ch. 111.
Bankers have a lien on all securities left with them by their employers. 5 Term, 488; 1 Esp. 66 ; 3 Gilm. Va. 233 ; 1 How. 234.
S. Factors and brokers have a lien on goods and papers, 3 Term, 119 ; 1 Johns: Cas. N. Y . 437, n. ; 8 Wheat. 268 ; 28 Vt. 118; 34 Mes 582; on part of the goods for the whole.elairn, 6 East, 622 ; 34 Me. 582 ; but only for such goods as come to them as factors. 11 Eng. L. & Eq. 528.
The vendor of goods, for the price, so long as he retains possession. 7 East, .7,1; 1 IL Blackst. 363 ; liob. 41 ; 2 Blackstone, Comm. 448; 2 Swan, Tenn. 661; 6 McLean, C. C. 472.
Pawnees, from the very nature of their con tract, 15 Mass. 408; 2 Vt. 309 ; 9 Wend. N. Y. 345; 3 Mo. 219 ; but only where the pawner has authority to make such pledge.
3 Atk. Ch. 44; 2 Campb. 336, n. A pledge, even where the pawnee is innocent, does not bind the owner, unless the pawner has au thority to make the pledge. Paley, Ag. 151; 1 Vern. Ch. 407; 2 Stark. 21 ; 1 llas. C. C. 440; 2 Mass. 398 ; 4 Johns. N. Y. 103 ; Maule & S. 180. The pawnee does not have a general lien. 15 Mass. 490.
9. Requisites as to Creation. In all these cases, to give rise to the lien, there must have been a delivery of the property; it must have come into the possess= of the party claiming the lien, or his agent. 3 Term, 119;
6 East, 25, n.
A question may arise by whom the delivery is to be made. Where a person, in pursuance of the authority and directions of the owner of property, delivers it to a tradesman for the execution of the purposes of his trade upon it, the tradesman will not have a general lien against the owner for a balance due from the person delivering it, if he knew that the one delivering was not the real owner. 1 East, a35 ; 2 id.523 ; 2 Carapb. 218 ; Parke, Cas. 176; 2 Atk. Ch. 114. -Thus, a carrier, who, by the usage of trade, is to be paid by the consignor, has no lien for a general bahtnce against the consignee. 5 Bos. & P. 64. Nor can a claim against the consignee destroy the consignor's right of stoppage in transitu. 3 Bos. & P. 42. But a particular lien may undoubtedly be derived through the acts of agents acting within the scope of their employment. 9 East, 233 ; 3 Bos. & P. 119; 3 Esp. 182; 2 East, 237. .A.nd the same woUld be true of a general lien against the owner for a balance due from him. Whita ker, Liens, 39.
10. No lien exists where the party claim ing it acquires possession by wrong, 2 'Arm, 485, or by misrepresentation ; 1 Campb. 12, or by his unauthorized and voluntary act, 1 Strange, 651 ; 8 Term, 310, 610 ; 2 H. Blackst. 254 ; 3 W. Blackst. 1117. But see 4 Burr. 2218.
No lien exists where the act of the servant or agent delivering the property is totally un authorized, and the pledge of it is tortious against the owner, whether delivered as a. pledge or for the execution of the purposes of a trade thereupon. 5 Ves. Ch. 111 ; 6 East, 17 ; 4 Esp. 174; '5 Term, 604. A pledge, even when the pawner is innocent, does not bind the owner unless the pawner had authority. Paley, Ag. 151; 1 Vern. Ch. 407; 2 Stark. 21 ; 1 Mas. C. C. 440; 2 Mass. 398; 4 Johns. N. Y. 103; 1 Maule & S. 140.
A. delivery by a debtor for the purpose of preferring a creditor will not be allowed to operate as a delivery sufficient for a lien to attach. 4 Burr. 2239 ; 3 Yes. Ch. 85 ; 2 Campb. 579; 11 East, 256.