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LIEN

LICENTIA CONCORDANDI

46

LIEGE POUSTIE

1. Able claim which one person perts of another pend another as a security balance due from

2. Of course, w

Particular litos

to e in vhich property, either real or se , scaped Fid the payment of a debt or particular lien is i

che Das be denominated a

111 property, hit. Liens. It difers of liens, and the

express

ste iz indicates a mere right to hold the purposes of hi

gelo z title to the property, as it may common law. 4 sapi di ber tise by parment of the sum Bos. & P. 1:20. B

estechesIt differs from a mortbot that a Eortgage is made and the ate liens at an

while general lir Esperol , cy ofberwise

, for the festat; while the lien attaches as in- with jealousy, 1.

di saa purpose of the bailment, or, as ments upon the linkazet, bs mere act of the law, with solely in the usi, spend the party

. In this general sense trade. 3 Bos. & 1 parat used by English and Ameri

exist by law, arin, mies te inelade tboze preferred or priin pirea by statute or by aimiralty

by express астер 30 sen to have been adopted froin

Liens which ex ...st, a fel a tha seurity existing at rally arise in ca wa 19 e rbied the term more exactly ap- particular lien er

an are limited as well as componer livered to a tra i en el anther as security; or it is the O PETSEB bastises, in certain cases,

Ch.22 : 2 Rulie 12.1? Irpents placed in his possession be- 14 Piek. Vars.

ter entil some demand which tbe so, where a per * * te suited. ? East, 235. A qualified occupation, uu] rent in derain cases. may be exercised over ceise and be at

di lamph, 578. A lien in regard to EXTua right to detain the property

case he is en: o cancer charge is satisied. Metc. Telv. 1 Esp. 119; Li : The right ef retaining or continuing Bes. & P. 42.

Parsons, Mar.

there is strict's 2.11 ship or goods and ..2, 3 a party by fint

..3, 4 By zapres agreement...... to retain the sa

.9, 10

penses. This

pod auber. ( Est. 25

, n. A lien is a personal property

#th the price is paid

carry on a trade interdicted by war. Whea- institutisque conceditur. Cic. Philip. 13; L. 42, D. ton, Int. Law, 475.

ff. de ritu nupt. Est aliquid quod non oporteat; 4. Licenses operate as a dispensation of tametsi licet; quicquod vero non licet certe non the rules of war, so far as its provisions ex

oportet. L. verbum oportere, ff. de verb. et rer. sign. tend. They are stricti juris, but are not to

Although. Calvinus, Lex. An averment be construed with pedantic accuracy. Whea- that although such a thing is done or not ton, Int. Law, 476; 1 Kent, Comm. Šth ed. 163 done,” is not implicative of the doing or not n.; 4 C. Rob. Adm. 8. They can be granted doing, but a direct averment of it. Plowd.

127. only by the sovereign authority, or by. those delegated for the purpose by special commis- LICET SÆPIUS REQUISITUS (alsion. 1 Dods. Adm. 226; Stew. Adm. 367. though often requested). In Pleading. A They constitute a ground of capture and con- formal allegation in a declaration that the fiscation per se by the adverse belligerent defendant has been often requested to perparty. Wheaton, Int. Law, 475.

form the acts the non-performance of which In Patent Law. See PATENTS.

is complained of. In Pleading. A plea of justification to It is usually alleged in the declaration that an action of trespass, that the defendant was the defendant, licet sæpius requisitus, etc., he authorized by the owner of the freehold to did not perform the contract the violation of commit the trespass complained of.

which is the foundation of the action, This A license must be specially pleaded to an allegation is generally sufficient when a reaction of trespass, 2 Term, 166, but may be quest is not parcel of the contract. Indeed, given in evidence in an action on the case. in such cases it is unnecessary even to lay a 2 Mod. 6; 8 East, 308.

general request; for the bringing of the suit LICENTIA CONCORDANDI (Lat. is itself a sufficient request. 1 Saund. 33, n. leare to agree). One of the formal steps in 2; 2 id. 118, note 3, Plowd. 128; 1 Wils. the levying a fine. When an action is brought 33 ; 2. H. Blackst. 131; 1 Johns. N. Y. Cas. for the purpose of levying a fine, the defend- 99, 319; 7 Johns. N. Y. 462; 18 id. 485; 3 ant, knowing himself to be in the wrong, is Maule & S. 150. See Demand. supposed to make overtures of accommoda- LICITACION. In Spanish Law. The tion to the plaintiff, who accepts them, but, sale made at public auction by co-proprietors, having given pledges to prosecute his suit, or co-heirs, of their joint property which is applies to the court, upon the return of the not susceptible of being advantageously diwritof covenant, for leave to make the matter vided in kind. up: this, which is readily granted, is called

LIDFORD LAW. See LYNCI Law. the licentia concordandi. 5 Coke, 39; Cruise, Dig. tit. 35, c. 2, 22.

LIEGE (from liga, a bond, or litis, a man

Blount).
LICENTIA LOQUENDI. Imparlance. Wholly at command of his lord.

In Feudal Law. Bound by a feudal tenure;
LICENTIA SURGENDI. In oid bound in allegiance to the lord paramount,
English Law. Liberty of rising. A liberty who owned no superior.
or space of time given by the court to

The term was applied to the lord, or liege lord, tenant, who is essoined, de malo lecti, in a to whom allegiance was due, since he was bound to real action, to arise out of his bed. Also, the protection and a just government, and also to the writ thereupon. If the demandant can show feudatory, liegeman, or subject bound to allegiance, that the tenant was seen abroad before leave for he was bound to tribute and due subjection. of court, and before being viewed by the jects. Stat. 8 Hen. VI. c. 10; 14 Hen. VIII. c. 2.

34 & 35 Hen. VIII. So lieges are the king's sub. knights appointed by the court for that pur- šo in Scotland. Bell, Dict. But in ancient times pose, such tenant shall be taken to be deceit- private persons, as lords of manors, had their lieger. fully essoined, and to have made default. Jacob, Law Dict.; 1 Sharswood, Blackst. Comm. Bracton, lib. 5; Fleta, lib. 6, c. 10.

367. LICENTIA TRANSFRETANDI. A

Liege, or ligius, was used in old records for full, writ or warrant directed to keeper of port of power of Dierfect : 6.9 ligia potestas, full and free Dover, or other seaport, commanding him to in this sense derived from legitima.) So in Scotlet the person who has this license of the king land. See Liege Poustie. pass over sea. Reg. Orig. 93.

LIEGE POUSTIE (Legitima Potestas). LICENTIOUSNESS. The doing what In Scotch Law. That state of health one pleasos, without regard to the rights of which gives a person full power to dispose of, others. It differs from liberty in this, that mortis causâ or otherwise, his heritable prothe latter is restrained by natural or positive perty. Bell, Dict. law, and consists in doing whatever we please 2. A deed executed at time of such state not inconsistent with the rightş of others, of health, as opposed to a death-bed conveywhereas the former does not respect those ance. jd. A person is said to be in such rights. Wolff. Inst. & 84,

state of health (in liege poustie, or in legitima LICET (Lat.). It is lawful; not forbid- potestati) when he is in his ordinary health den by law.

and capacity, and not a minor, nor cognosced Id omne licitum est, quod non est legibus prohibi- as an idiot or madman, nor under interdictum, quamobrem, quod, lege permittente, fit, peenam tion. 1 Bell, Comm. 85, 5th ed.; 6 Clark &

Licere dicimus quod legibus, moribus, ( F. Hou. L. 510.

3. And svira

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Bibents of various kinds....6-8

ship and cars .10.12

L. Rarm. .13.13

Penn, St. 39 .17.20 21-32 sbore, where a

the restorati Tot sed ebarterer. 23 Mass. 37. a

.25, 26 is said, to the .28

upon land. .30

1117. 31 Liens rhi .33-42 general liens ,33-38 ker to be eit 39-12

or the

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are the other classes, it consists in

4. The u41 et to retain possession until the party delivri intarpe is paid.

to have know

of lien 13 se at a factor an appatent exception er.

part 32 s dostated a lien op the proceeds of goods

And it is salt as we at the goods themselves. But this balance aria

out from the relation of the parties character les z les of the bailment ; to effectuate debt must - Kabe same time give a security to the of the party

teles easidera the possession, or right to Liens, 333;

mente, 4 the proceeds

, the same thing as the Blackst. 631 terite pood themselves.

sive praf pri na lvr is a right to retain the those ocruce så atsother on account of labor em- required to

wery expended on that specifie ofered the ay Whiater, Liens. 9.

6 East, 51. i pod lica is a right to retain the pro- lien bas l_

non merctur.

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- claim which one person perty of another on account of a general

of another as a security balance due from the owner. 3 Bos. & P. rge.

494.

2. Of course, where a general lien exists, a Ech property, either real or th the payment of a debt or particular lien is included. re may be denominated a Particular liens constitute the oldest class

Whit. Liens. It difers of liens, and the one most favored by the le to the property, as it may common law. 4 Burr. 22:21; Dougl. 97; 3 me by payment of the sum Bos. & P. 126. But courts ceased to originmortgage is made and the ate liens at an early period, 9 East, 420; otherwise, for the express while general liens have been looked upon -hile the lien attaches as in. with jealousy, being considered encroachrpose of the bailment, or, as ments upon the common law and founded by mere act of the law, with solely in the usage of and for the benefit of rty. In this general sense trade. 3 Bos. & P. 42, 24, 494. Liens either aised by English and Ameri: exist by law, arise from usage, or are created y statute or by almiralty by express agreement. Co have been adopted fruin Liens which exist by the common laur, gene

as the security existing at rally arise in cases of bailment. Thus, a the term more exactly ap- particular lien exists whenever goods are denited as well as commoner livered to a tradesman for the execution of licates a mere right to hold the purposes of his trade upon them. l Atk. er as security; or it is the possesses, in certain cases,

Ch.228; 2 Rolle, Abr. 92;3 Maule & S. 167; placed in his possession be- 14 Piek. Mass. 332; 7 Barb. N. Y. 113. And til some demand which the 80, where a person is, from the nature of his 1. 2 East, 235. A qualified occupation, under a legal obligatiin to recases, may be exercised over ceive and be at trouble or expense about the b. 579. A lien in regard to personal property of another, in every such right to detain the property

case he is entitled to a particular lien on it. rue is satisfied. Metc. Felv. 1 Esp. 109; Ld. Raym. 807; 6 Term, 17; 3 of retaining or continuing Bos. & P. 42. co is paid. 1 Parsons, Mar. 3. And sometimes & lien arises where

there is strictly no bailment. Thus, where a

.2-11 ship or goods at sea come into possession of law..

.2, 3

a party by finding, and he has been at some .3, 4

trouble or expense about them, he is entitled =88 agreement...... 5 to retain the same until reimbursed his exis of various kinds....6-8

penses. This applies only to the salvors of a .9, 10

ship and cargo preserved from peril at sea, 1 10-12 13-15

L. Raym. 393; 5 Burr. 2732; & East, 57; 16 19-20 Penn. Št. 393, and, in the case of property on

.21-32 shore, where a specific reward is offered for zoods

.22 the restoration, 8 Gill, M. 218; 3 Metr. Charterer.

.23 Mass. 352, and does not apply, generally, it
25, 26 | is said, to the preservation of things found
27
28

upon land. 2 II. Blackst. 25+; 2 W. Blackst. 30

1117. 31

Liens which arise by usage are usually 33.42 general liens, and the usage is said by Whita.33-38 ker to be either the general usage of trade, .39-42

or the particular usage of the parties. WhitaLaw Lien.

As distin- / ker, Liens, 31. ther classes, it consists in

4. The usage must be so general that the tain possession until the party delivering the goods may be presumed

to have known it, and to have made the right tor an apparent exception er.

of lien a part of the contract. 3 Bos. & P. 50. - lien on the proceeds of goods. And it is said the lien must be for a general

goods themselves. But this balance arising from transactions of a similar the relation of the parties character between the parties, and that the

the bailment; to effectuate debt must have accrued in the business ne time give a security to the of the party claiming the lien, Whitaker, Eers the possession, or right to Liens, 33; and see l Atk. Ch, 223 ; 1 W. reeds, the same thing as the Blackst. 651; and it seems that more decithemselves.

sive proof of general usage is required in n is a right to retain the those occupations in which the workmen are r on account of labor em- required to receive their employment when expended on that specific offered them, such as carriers. 6 Term, 14; Efr, Liens, 9.

6 East, 519; 7 id. 224. But where a general s a right to retain the pro- I lien has been once established, the courts

Feate....

aid.

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