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CHAPTER XXX.

LIENS.

SECTION I.

Introductory.-A lien has been defined to be "an obligation or claim, annexed to or attaching upon any property, without satisfying which such property cannot be demanded by the owner." It is the right to hold the possession of another's property for the satisfaction of some charge attached to it. While liens in a limited sense existed at common law, usually giving the creditor the right to retain the goods, but no power to dispose of them to satisfy the claim, the provisions of law now in force are of quite recent introduction, and we must look to the statutes for them.

At common law, innkeepers had a lien on the baggage of guests, carriers on the goods carried, warehousemen and wharfingers on the goods stored; an attorney upon the property of his client in his possession; a bailee for hire on the goods bailed; a factor also had a lien on the goods and the proceeds of them in his possession for any balance of account in his favor, as also had a banker on the money and security in his possession. The factor can, of course, enforce his lien by selling the goods, but he cannot do so contrary to his principal's instructions. Such liens were in furtherance of justice and were liberally construed. The lien was dependent upon retaining the possession of the personal property to which it attached, and was lost by parting with it. The lien conferred the right to hold the goods until the debt was paid but gave no right to sell them to satisfy the claim. In this respect the statutes have almost universally changed the common law and the mere passive lien has been enlarged by giving a right of sale to satisfy the demand. At common law the right to a lien is not assignable, but our statutes give that right in certain cases, on complying with the requirements laid down therein, which usually require notice of the assign

ment to the owner of the property to which the lien attaches. We will now consider the law as it stands to-day.

LIENS UPON PERSONAL PROPERTY.

The chief distinction between liens on personalty and realty is that in the former the right is usually founded on the possession of the goods to which the lien attaches, while in the latter this is not the case. Such liens as existed at common law, still exist in this state, but the statutes enlarge the rights as to them, and have increased the cases in which liens are given. Our statutes provide:

SECTION II.

CERTAIN LIENS ON PERSONAL PROPERTY.

Liens of mechanics.-Every mechanic who shall make, alter or repair any article of personal property at the request of the owner or possessor of such property shall have a lien thereon for his just and reasonable charges therefor, and may retain possession of such property until such charges are paid.

Liens of innkeepers and livery-stable keepers. - Every innkeeper and every keeper of a boarding house shall have a lien upon and retain the possession of the baggage and effects of any guest or boarder for the amount which may be due him for board from such guest or boarder until such amount is paid; and every keeper of a livery or boarding stable, and every person pasturing or keeping any horses, carriage, harness, mules, cattle or stock shall have a lien upon and may retain the possession of any such horses, carriage, harness, mules, cattle or stock for the amount which may be due him for the keeping, supporting and care thereof until such amount is paid.

Liens of factors, brokers, etc., for advances etc.--Every factor, broker or other agent intrusted by the owner with the possession of any bill of lading, custom-house permit, warehouse receipt or other evidence of the title of personal property, or with the possession of personal property, or with the possession of personal property for the purpose of sale or security for any advances made or liability by him incurred in reference to such property, shall have a lien upon such personal property for all such advances, liability incurred, or commissions or other moneys due him, for services as such factor, broker or agent, and may retain the posses

sion of such property until such advances, commissions or moneys are paid or such liability is discharged.

Liens of consignee for advances.--Every consignee of personal property shall have a lien thereon for any money advanced or negotiable security given by him to or for the use of the person in whose name the shipment of such property is made, and for any money or negotiable security received by such person for his use unless he shall, before advancing any such money, or giving such security, or before it is so received for his use, have notice that such person is not the actual owner thereof.

SECTION III.

HOW LIENS MENTIONED ABOVE IN SECTION II ARE ENFORCED.

Every person having a lien given by either of the four last sections or existing in favor of any bailee for hire, carrier, warehouseman or pawnee or otherwise by the common law, may, in case such debt remains unpaid for three months and the value of the property affected thereby does not exceed one hundred dollars, sell such property at public auction and apply proceeds of such sale to the payment of the amount due him and the expenses of such sale. Notice, in writing, of the time and place of such sale and of the amount claimed to be due shall be given to the owner of such property personally, or by leaving the same at his place of abode, if a resident of this state, and if not, by publication thereof once in each week, for three weeks successively, next before the time of sale, in some newspaper published in the county in which such lien accrues, if there by one, and if not, by posting such notice in three public places in such county. If such property exceed in value one hundred dollars, then such lien may be enforced against the same by action in any court having jurisdiction.

SECTION IV.

LIEN OF OWNER OF BREEDING ANIMALS.

Every owner of a stallion or jackass kept and used for breeding purposes shall have a lien upon any colt begotten by such stallion or jackass for the sum stipulated to be paid for the service thereof, and may seize and take possession of such colt without process at any time before it is one year old, if the price agreed upon for such service remains unpaid,

and sell the same at public auction upon ten days' notice to be posted in at least three public places in the town where the owner of such colt resides, and applying the proceeds of such sale to the payment of the amount due for such service and the expenses of such seizure and sale, returning the residue, if any, to the party entitled thereto; provided, no such lien shall be effectual for any purposes as against an innocent purchaser of such colt or the dam thereof for value unless such owner having a claim for the service of such stallion or jackass shall file with the clerk of the city, village or town where the owner of the mare served resides a statement showing that such service has been rendered and the amount due therefor.

SECTION V.

LIENS ON MINING AND SMELTING PROPERTY.

Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due him for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties, subject to certain limitations set forth in the statutes.

SECTION VI.

LIENS AGAINST SHIPS, BOATS AND VESSELS.

Every ship, boat or vessel used in navigating the waters of this state shall be liable for and the claims or demands hereinafter mentioned shall constitute a lien on such ship, boat or vessel, which shall take precedence of all other claims or liens thereon:

1. For all debts contracted by the master, owner, agent or consignee thereof on account of supplies furnished for the use of such ship, boat or vessel, or on account of labor done or materials furnished by mechanics, tradesmen or others in and for building, repairing, fitting out, furnishing or equipping such ship, boat or vessel, or on account of any indebtedness for insurance effected upon such ship, boat or vessel, the engines, machinery, sails, rigging, tackle, apparel or furniture thereof, against any fire or marine risk.

2. For all sums due for wharfage, towage or anchorage of such ship, boat or vessel within this state.

3. For all demands or damages accruing from the nonperformance or malperformance of any contract of affreightment or any contract touching the transportation of persons or property entered into by the master, agent, owner or consignee of the ship, boat or vessel, on which such contract is to be performed; and

4. For all damages arising from injuries done to persons or property by such ship, boat or vessel, but no person employed as master, or otherwise, on board of any such ship, boat or vessel to collect or receive freights or passage money shall have any lien as provided in this chapter or be entitled to his action in accordance with its provisions. Such lien may be enforced by proceedings in admiralty or in the cases herein mentioned as prescribed in this chapter.

Owners personally liable.-The owner or owners or any such ship, boat or vesssel shall be personally liable for the payment of every debt and for every demand and claim arising under the provisions of paragraphs 1 and 2. Such liability shall not in any way impair or affect the liability that may exist against the master, agent or consignee for the same debt or demand.

SECTION VII.

LIENS UPON LOGS, TIMBER, AND OTHER SIMILAR MATERIALS.

Any person who shall do or perform any labor or services in cutting, hauling, running, felling, piling, driving, rafting, booming, cribbing, towing, sawing, peeling, or manufacturing into lumber or timber any logs, timber, staves, pulp wood, cord wood, railroad ties, piling, telegraph poles, telephone poles, fence posts, paving timber, tan or other barks, or in preparing wood for, or manufacturing charcoal, shall

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