Blacks Law Dict. 1st ed

719

LIDFORD LAW

LIEN

LIEGEMAN. He that oweth allegiance. Cowell. LIEGER, or LEGER. A resident am bassador. LIEGES, or LIEGE PEOPLE, jects. Sub LIEN. A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act. In every case in which property, either real or personal, is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. Whitak. Liens, p. 1. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. Code Civil Froc. CaL § 1180. Lien is the right of one man to retain property In his possession belonging to another, until cer tain demands of the party in possession are satis fied. 26 Wend. 467. And see 1 Hilt 293. Lien is familiarly understood to be a binding or attachment of the thing spoken of, for the benefit of him who is entitled thereto, S Hawks, 809. In the Scottish law, ihe doctrine of lien is known by the name of "retention," and that of set-off by the name of "compensation." Liens are either particular, as a right to retain a thing for some charge or claim grow ing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges and claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature. Liens are also either conventional or by op eration of law. The former is the case where the lien is raised by the express agree ment and stipulation of the parties, in cir cumstances where the law alone would not create a lien from the mere relation of the parties or the details of their transaction. The latter is the case where the law itself, without the stipulation of the parties, raises a lien, as an implication or legal consequence from the relation of the parties or the cir cumstances of their dealings. Liens of this species may arise either under the rules of common law or of equity or under a statute. In the first case they are called "common-law liens;" in the second, "equitable liens;" in the third, "statutory liens." Liens are either possessory or charging; the former, where the creditor has the right to hold possession of the specific property un til satisfaction of the debt; the latter, where

LIDFORD LAW. A sort of lynch law, whereby a person was first punished and then tried. Wharton. LIE. To subsist; to exist; to be sus tainable; to be proper or available. Thus the phrase "an action will not lie" means that an action cannot be sustained, or that there is no ground upon which to found the action. LIE IN FRANCHISE. Property Is said to "lie in franchise" when it is of such a nature that the persons entitled thereto may seize it without the aid of a court; e. g., wrecks, waifs, estrays. LIE IN GRANT. Incorporeal heredit aments are said to "lie in grant;" that is, they pass by force of the grant (deed or char ter) without livery. LIE IN LIVERY. A term applied to corporeal hereditaments, freeholds, etc., sig nifying that they pass by livery, not by the mere force of the grant. LIE IN WAIT. See LYING IN WAIT. LIE TO. To adjoin. A cottage must have had four acres of land laid to it. See 2 Show. 279. LIEFTENANT. An old form of "lieu tenant, " and still retained as the vulgar pro nunciation of the word. LIEGE. In feudal law. Bound by a feudal tenure; bound in allegiance to the lord paramount, who owned no superior. In old records. Full; absolute; perfect; pure. Liege widowhood was pure widow hood. Cowell. L I E G E HOMAGE. Homage which, when performed by one sovereign prince to another, included fealty and services, as op posed to simple homage, which was a mere acknowledgment of tenure. (1 Bl. Comm. 867; 2 Steph. Gomm. 400.) Mozley & Whit er. LIEGE LORD. A sovereign; a superior lord. LIEGfl! POUSTIE. In Scotch law. That state of health which gives a person full power to dispose of, mortis causa or oth erwise, his heritable property. Bell. A deed executed at the time of such a state of health, as opposed to a death-bed convey ance. The term seems to be derived from the Latin "legitima potestas."

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