Lien

contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. Ina more limited sense it is defined to be 2 East, 235; 6 East, 25; 2 Campb. 579; 2 Merr. 404; 2 Rose, 35/. The right of lien generally arises by operation of: law, but in some cases it is created by express contract. There are two kinds of lien; namely, particular and general. When a person claims a right to retain property in respect of money or labour expended on such particular property, this is a parttcular lsen. Liens may arise in three ways: Ist, by express contract; 2dly, from implied contract, as from general or particular usage of trade; 3dly, by legal relation between the parties, which may be created in two ways; 1, when the law casts an obligation on a party to do a particular act, and in return for which, to secure him payment, it gives him such lien, 1 Esp. R. 109; 6 East, 519; 2 Ld. Raym. 866; common carriers and innkeepers are among this number. General liens arise in three ways, 1, by the agreement of the parties, 6 T. R. 14; 3 Bos. & Pull. 42; 2, by the general usage of trade; 3, by particular usage of trade, Whitaker on Liens, 35; Prec. Ch. 580; 1 Atk. 235; 6 T. R. 19.

Vide, generally, Yelv.67,a; 2 Kent, Com. 495; Pal. Ag. 107; Whit. on Liens.