Page:Black's Law Dictionary (Second Edition).djvu/734

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LIEN

any dcht or duty: every such claim or charge remaining a lien on the property, although not in the possession of the person to whom the debt or duty is due. Downer v. Brackett, 21 Vt. 602, Fed. Cas. l\'o. 4,043. And see Trust v. Pirsson. 1 Hiit. (N. Y.) 296; In re Byrne £D. C.) 97 Fed. 764 Storm v. Wuddcll, 2 ..'andf. Ch. N. Y.) 50"; Stansbury v. Patent Cloth Mfg. In 5 N. J. Law, 4-1l;_ The Meno- minie (D. .) a Fed. 191): Mobile B. & L. -\-s'n v. Ilniiertson, 65 Ala. 3821; The J. . ', 1-18 U. S. 1. 13 Sup. Ct. 498, 37 L.

In the Scotch law, the doctrine of lien is known by the name of “retention.” and that of set-ofl’ by the name of “compensation." The Roman or (.'i\il law embraces under the head of “moi'tguge and privilege" the peculiar securities which, in the common and maritime law and equity, are termed “liens."

Classification Liens are either particu- lur or general. The former is a right to retain a thing for some charge or ciaim growing out of, or connected with, the identical thing. A general lien is a right to detain a chattel, etc.. uutii payment be made, not only of any debt due in rcspcct of the particular chattel, but of any balance that may he due on general account in the same iine of business. A general lien, being against the ordinary rule of lair. depends entirely upon contract, express or implied. [mm the special usage of dealing betvi een the parties. \\ harton. Cruminelin v. It-aiiioad L“o., 10 Bosw. (N. 1.) 80: Mr-Kenzie v. Nevins, 22 Mo. 150,

8 Am. Dec. 291; Brooks v. Bryce, 2] “‘'end. (N. Y.) 10. A special lien is in the nature of a partiL'ul.ir iien, being a iien upon particular property; a iien which the hoider can enforce only as security for the performance of a particuiir act or ohligation and of obligations icnirleutal thereto. Green v. Coast Line R. Co 97 Ga. 15. 24 S. I3}. 814. 33 L. [L A. N16. Am. St. Rep. 379; Civ. Code Cal. 1903. §2-‘bl

Liens are also either conventional or by operation of law. The former is the case vihore the lien is raised by the express agreement and stip- uiation of the parties, in Cil\I.lll.lS[fllJL'eS where the law alone would not create a iien from the mere relation of the parties or the detaiis of their trans-ir-lion. The latter is the case WiIi‘l'E the law itself, without the stipiil-ition of the parties, raises a iicn, as an implication or ie,.-ai consequence from the relation of the parties urthe circumstances of their dealings. Liens of this species may arise either under the rules of common law or of equity or under a SL'I1.lIlP. In i first case tbcy are called “common-law liens ' in the second, “equitable ]iens:" in the third, "statutory liens."

Liens are either posscssary or clmnriug; the former, where the creditor has the r'1_2‘|it to hoid possession of the specific property until satisfactinn of the debt; the latter. viiieie the debt is a charge upon the specific p 1):-rty although it remains in the debtor's pos. inn.

Other compound and descriptive terms. -—«Attnrney's lien. The right of an nttoincy at law to hold or retain in his possession the money or property of a ciient until his proper charges have been adjusted and paid. It re- quires no equitable proceeding for its estab- lishment. Swceiey v. Sieman, 123 Iona. 1&3, HS l\'. . 571. Also a lien on funds in court lllllflbii’ to the client, or on a judgment or de- CIM‘ or aiinrd in his favor. recovered through the exertions of the attorney, and for the en- forccmcnt of which he must invoke the equitahie aid of the court. ' ' Ya.

Fowler v. Lewis. 36 W.

112, 14 S. E. 447: Jennings v. Bacon. 84 Iowa, 403, 51 N. W. 15 Ackermun v. Ackerinan, 14 Abh. Prac. (N. Y.) 229: Mosley v. Norman, 74 Ala. 4'2: Wnght v “'ri;'ht, 70 N. Y. 9.‘l.— Concurrent liens. Maritime liens are concur-

726

LIEUTENANT

rent_when they are of the same rank, and for supplies or materials or services in preparation for the same voyage, or if they arise on diiTer~ ent bottomry bonds to dilIt-rent holders for ad- vances at the same time for the same repairs. The J. W. 'D1c1rer (D. C.) 20 Fed. 132.—Equitable liens are such as exist in equity, and of which courts of equity alone take cognizance A iien is neither a ion; in re nor a iiu ad rem. It is not property in the thing, nor does it canstitiite a right of action for the thing. It more properiy constitutes a charge upon the thing. Equitable iiens most commonly grow out of constiuctive trusts. Story, Eq. Jur. § 1215. Aii equitable Lien is a right. not recognized at law. to have a fund or specific property, or the procccds of its saie, applied in full or in part to the payment of a particular debt or cius of debts. Burdon Cent. Sugar Refining (J1. v. Ferris Sugar Mfg. Co. (C. C.) 78 Fed. -i‘_’.1; The Menominie (D. C.) 36 Fed. 199; Fallon v. Worthington, 13 Colo. 5519, 22 P30. 960 ‘ . R. A. 703. 10 Am. St. Ilep. 2 1‘ (D. C.) IOQ Fed. 430.—I‘irsI: men. takes priority or precedence over all other cha es or incamhrances upon the same piece of prop- erty, and which must he satisfied before siicb other charges are entitied to participate in me proceeds of its sale —Second lien. One which takes rank inmiediatoiy after a fiist lien on the some property and is next entitled to satisfaction niit of the procce(ls.—Lien creditor. One whose debt or ciaim is secured by a lien on particuiar property, as distinguished from s “gcnei-ai" creditor, who has no such security. —Lien of a. covenant. The commencement of a covenant stating the names of the covcnantors and covenantees, and the character of the cove- nnnt, whether joint or severai. Wharton.--Retaining lien. The licn which an attorney has upon all his client's pape . dceds, vouchers. etc , which remain in his po nn. entitling him to retiin them until satisfaction of his claims for professional services. In re Wilson (D. C.) ]2

(‘I . .9: In re Lexinzton Av . ".0 App. Div. 603. 52 N. Y. Supp. 2()3.—Secret lien. A lien reserved by the vendor of chatteis, who has de- livered them to the vendcc. to secure the pay- ment of the price, which is concealed from all third persons.

As to the particular kinrls of liens described as “Bnilec's." “Jut'L:ment," “Maritime," “.\Icch1iiiics'," “1\Iunicip:il," and “Ven- (l(rrs'" liens. see these titles.

LIENOR. The person having or owning alien: one who has a right of iien upon prop- erty oi' another.

LIEU. Fr. with “in ;” in lira-, instead or.

Place; room. It is only used I-Inc. Loud.

LIEU GONUS. 1'... Fr. In old pieiuliug. A known place; a place well known and geneially taken notice of by those who dwell about it, as a castle. a manor. etc iVl1ishaW: 1 Ltl. Raym. 259.

LIEUTENANCY, COMMISSION OF. SE9 COMMISSION OF AIIBAY.

LIEUTENANT. 1. A deputy; substitute: an officer who supplies the place of another; one acting by vicarious authority. Etymnlogically. one who holds the post or oilicc of another, in the place and stead of the latter.

2. The word is used in composition as

part of the title or several civil and military