KFLCC Kingdom Law 2nd Ed.

726

LIEN

LIEUTENANT

any debt 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. No. 4,043. And see Trust v. Pirsson, 1 Hilt. (N. Y.) 296; In re Byrne (D. O.) 97 Fed. 764; Storm v. Waddell, 2 Sandf. Ch. (N. Y.) 507; Stansbury v. Patent Cloth Mfg. Co., 5 N. J. Law, 441; The Meno minie (D. C.) 36 Fed. 199; Mobile B. & L. Ass'n v. Robertson, 65 Ala. 382; The J. E. Rumbell, 148 U. S. 1, 13 Sup. Ct. 498, 37 L. Ed. 345. In the Scotch law, the doctrine of lien is known by the name of "retention," and that of set-off by the name of "compensation." The Roman or civil law embraces under the head of "mortgage and privilege" the peculiar securities which, in the common and mari time law and equity, are termed "liens." Classification. Liens are either particu lar or general. The former is a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing. A general lien is a right to detain a chattel, etc, until payment be made, not only of any debt due in respect of the particular chattel, but of any balance that may be due on general account in the same line of business. A general lien, being against the ordinary rule of law, depends entirely upon contract, express or implied, from the special usage of dealing between the parties. Wharton. Crommelin v. Railroad Co., 10 Bosw. (N. Y.) 80; McKenzie v. Nevius, 22 Me. 150, 38 Am. Dec. 291; Brooks v. Bryce, 21 Wend. (N. Y.) 16. A special lien is in the nature of a particular lien, being a lien upon particular property; a lien which the holder can enforce only as security for the performance of a par ticular act or obligation and of obligations in cidental thereto. Green v. Coast Line R. Co., 97 Ga. 15, 24 S. E. 814. 33 L. R. A. 806, 54 Am. St. Rep. 379; Civ. Code Cal. 1903, § 2875. Liens are also either conventional or by opera tion of law. The former is the case where the lien is raised by the express agreement and stip ulation of the parties, in circumstances 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 circumstances 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 until satisfac tion of the debt; the latter, where the debt is a charge upon the specific property although it remains in the debtor's possession. Other compound and descriptive terms. —Attorney's lien. The right of an attorney at law to hold or retain in his possession the money or property of a client until his proper charges have been adjusted and paid. It re quires no equitable proceeding for its estab lishment. Sweeley v. Sieman, 123 Iowa, 183, 98 N. W. 571. Also a lien on funds in court payable to the client, or on a judgment or de cree or award in his favor, recovered through the exertions of the attorney, and for the en forcement of which he must invoke the equitable aid of the court. Fowler v. Lewis, 36 W. Va. 112, 14 S. E. 447; Jennings v. Bacon, 84 Iowa, 403, 51 N. W. 15; Ackerman v. Ackerman, 14 Abb. Prac. (N. Y.) 229; Mosley v. Norman, 74 Ala. 422; Wright v. Wright, 70 N. Y. 98 — Concurrent liens. Maritime liens are concur

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 differ ent bottomry bonds to different holders for ad vances at the same time for the same repairs. The J. W. Tucker (D. C.) 20 Fed. 132.— Equi table liens are such as exist in equity, and of which courts of equity alone take cognizance. A lien is neither a jus in re nor a jut ad retik It is not property in the thing, nor does it con stitute a right of action for the thing. It more properly constitutes a charge upon the thing. Equitable liens most commonly grow out of con structive trusts. Story, Eq. Jur. § 1215. An equitable lien is a right, not recognized at law, to have a fund or specific property, or the pro ceeds of its sale, applied in full or in part to the payment of a particular debt or class of debts. Burdon Cent. Sugar Refining Co. v. Ferris Sugar Mfg. Co. (C. C.) 78 Fed. 421; The Menominie (D. C.) 36 Fed. 199; Fallon v. Worthington, 13 Colo. 559, 22 Pac. 960, 6 L. R. A. 708, 16 Am. St. Rep. 231; In re Lesser (D. C.) 100 Fed. 436.— First lien. One which takes priority or precedence over all other charg es or incumbrances upon the same piece of prop erty, and which must be satisfied before such other charges are entitled to participate in the proceeds of its sale.—Second lien. One which takes rank immediately after a first lien on the same property and is next entitled to satisfac tion out of the proceeds.— Lien creditor. One whose debt or claim is secured by a lien on particular property, as distinguished from a "general" creditor, who has no such security. —Lien of a covenant. The commencement of a covenant stating the names of the covenantors and covenantees, and the character of the cove nant, whether joint or several. Wharton.— Re taining lien. The lien which an attorney has upon all his client's papers, deeds, vouchers, etc., which remain in his possession, entitling him to retain them until satisfaction of his claims for professional services. In re Wilson (D. C.) 12 Fed. 239; In re Lexington Ave., 30 App. Div. 602, 52 N. Y. Supp. 203.— Secret lien. A lien reserved by the vendor of .chattels, who has de livered them to the vendee, to secure the pay ment of the price, which is concealed from all third persons. As to the particular kinds of liens de scribed as "Bailee's," "Judgment," "Mari time," "Mechanics'," "Municipal," and "Ven dors' " liens, see those titles. The person having or owning a lien; one who has a right of lien upon prop erty of another. LIEU. Fr. Place; room. It'is only used with "in;" in lieu, instead of. Enc. Lond. LIEU CONUS. L. Fr. In old pleading. A known place; a place well known and generally taken notice of by those who dwell about it, as a castle, a manor, etc. Whishaw; 1 Ld. Raym. 259. LIEUTENANCY, COMMISSION OF. See COMMISSION OF AEBAY. LIEUTENANT. 1. A deputy; substi tute; an officer who supplies the place of another; one acting by vicarious authority. Etymologically, one who holds the post or office of another, in the place and stead of the latter. 2. The word is used in composition as part of the title of several civil and military LIENOR.