The privilege of lien is generally attached to those cases where the debt demanded arises out of the thing itself; thus in case of a contract for goods, where no time is fixed for payment of the purchase money, the vender may refuse to deliver up the goods, and is entitled to retain them until the payment is made.

This practice, which is highly convenient to trade, as allowing the retention of property in the hands of a claimant, is permitted, first, where there is any express contract to that effect; and, secondly, where such contract is implied, either from the usage of trade, or the mode of dealing between the parties. 4 Burr, 2221.

Thus a carrier may retain goods for his hire. Lord Raymond 166. But if the price of carriage be tendered, he will have no lien for booking or warehouse room. 1 Espin. 119.

A wharfinger may also detain goods brought to his wharf, for the balance of a general account. 1 Espin. Rep. 109; and goods may

also be retained for tonnage, salvage, or freight. Park. 131.

"A shipwright has a lien on the ship for repairs done and materials found, while a ship is in a port of the United States. Stevens v. Ship Sandwich. 1 Peter's Rep. 233. Gardner v. Ship New-Jersey, Ibid.

223.

Also in the state of N. Y. shipwrights, martial men, and the supplier of ships, have a lien for the amount of their debts, whether the ship be owned without the state or not, but the lien ceases, after due security is given, or after the expiration of twelve days from the time the vessel leaves the port.

A banker also has a lien upon the bills deposited with him upon the balance of a general account. 1 Esp. Rep. 66.

Iusurance brokers have also a lien upon policies of insurance in their hands, and are entitled to deduct out of any money they receive from the assured, not only the premium and commission due upon the particular policies; but for the balance due upon the general account between them and their principals; and it has been decided, that if a broker should part with the possession of the policy, by which his lien is lost; yet if he gets its back for any purpose whatever, his lien shall

revive.

A factor has a lien upon goods in his possession, not only for those particular goods, but for the general balance due, and he has also a lien for his money for such goods in the hands of the purchaser. 2 Black. Rep. 1154, Cooper, 251.

In the case of manufacturers, who takes in goods for a particular

purpose, (as a dyer or tailor,) has a lien upon them for the work done on the goods themselves; but he cannot retain them for any other de-. mand against the owners of the goods, unless a general usage be shown. 4 Burr, 2214.

The master of a vessel has a lien on the goods for the freight; also the officers and mariners have a lien on the ship for their wages. A miller has also a lien for the price of grinding corn. 1 Atk.

An inkeeper also may detain a horse left with him, till he be paid for his keeping, and he may also retain other goods belonging to his guest, for payment of his reckoning. 1 Rol. Rep. 449, and 1 Salk. 388.

The right of lien, however, being admitted only for the benefit of trade, is to be confined in its operation to that only. Thus, where a defendant paid the duty at the custom-house for a parcel of goods the property of the plaintiff, which had arrived in the same ship with others of the defendant, it was held, that he should not retain the goods till paid what he had advanced for the duty. 1 Str. 651.

It being a voluntary act, he could have brought an action for the

money.

Goods delivered to a person claiming them wrongfully, who pays freight and other charges, cannot be retained for those expenses against the rightful owner. 2 T. R. 485.

In cases of pawns, the very act of pawning creates a lien; but a pawn-broker has no lien on plate, after the death of a tenant for life, who pawned it with him, as against the remainder man, although the pawner has no notice of the settlement. 2 T. R. 485.

It is a rule in the doctrine of lien, that no person can in any case retain where there is a special agreement to pay; for, in this case, not the property but the person is liable. Bull. N. P. 45.

It is also a general principle, that as a lien is only the power of retaining, it canpot in any case be extended where the party has once parted with the possession. If, therefore, any person having such retainable property as constitutes a lien, once parts with that property, he loses the lien, unless under particular circumstances," he regain possession, in which case the lien will revive.

Upon the subject of liens, may be classed the power of stoppage in transitu. Thus, a vender of goods before actual possession by the vendee, has such a lien upon the goods he sends, that when the vendee becomes insolvent he may stop the goods, before they come into his possession, this is called stoppage in transitu. See Stoppage in tran

situ.

MARINERS. Seamen in the merchants' service are hired at a certain sum by the month, or for the voyage. The monthly wages are adjusted by the length of the voyage; but when hired for the voyage, the stipulated sum is fixed, however long the voyage may continue, and generally in the fisheries and privateers, the seamen serve for a stipulated share of the profits.

Wages. A seaman who has faithfully performed his services on board a ship during the whole period of the intended voyage, is entitled to receive the whole of the stipulated reward, if no disaster has rendered his services unproductive to his employer; and as a seaman is exposed of losing the reward of his faithful service in certain cases, só, on the other hand, the law gives him the whole wages, even when he is unable to render his services, if his inability has proceeded from 'any hurt received in the performance of his duty, or from natural sickness, happening to him in the course of his voyage; and if a master in violation of his contract, discharges a seaman from the ship during the voyage, the seaman will be entitled to his full wages up to the prosperous determination of the voyage, deducting, if the case require it, such sum as he may in the meantime have earned in another vessel.

Mariners in the whale fisheries are not considered as partners, but are entitled to wages, to the extent of their proportion in the produce of the voyage. Wilkinson v. Fraser, 4 Cap. N. P. C. 182. 5 Rob.

Am. R. 8.

If freight is earned, notwithstanding any agreement to the contrary, mariners must be paid.

A seaman in the merchants' service is entitled to receive one third of his wages due to him at every port, where the ship unlades, and delivers her cargo before the voyage is ended, unless the contrary is expressly stipulated in the contract. Marshall v. Montgomery, 2 Dalls. Rep. 170. But seamen at a foreign port of delivery are bound to unload and reload the ship. On the homeward voyage their duty ends. with the arrival of the ship at her last port of delivery, and there being safely moored, they are entitled to their wages within ten days.

In case a ship is abandoned at sea, and afterwards brought into her port of destination, as no freight is earned the seamen are not entitled to wages. If they save any thing, they are entitled to a compensation as salvers. Dunnel v. Tompagen, 3 John. Rep. 154. Leddard v. Lopes, 10 East, Rep. 322.

If a mariner is left at a foreign port sick, he is entitled to wages up

to the time of the termination of the voyage. Chandler v. Grieves, 2 H. B. 606.

But if after recovering, he omits, and could have joined his ship, which was on a circuitous voyage, he is only entitled to wages up to the time when he might have joined his ship. Williams v. brig Hope, 1 Peter's Ad. Rep. 138.

If by any disaster happening in the course of the voyage, as the loss or capture of the ship, the owners lose their freight, the seamen likewise lose their wages. 1 Peter's Ad. Rep. 186. Giles v. brig Cynthia, ibid. 208. Hoyt v. Wildfire, 3 John. Rep. 518. Brooks v. Dorr, 2 Mass. Rep. 39.

Sick. If the medicine chest should not be provided with proper and necessary medicines, and medical assistance is called, without the consent of the mariner, or if the mariner be sent on shore without his consent to an hospital or boarding-house, they are charges on the ship, and not to be deducted from the mariner's wages.

Death. If à seaman die during the voyage, he is entitled to his wages up to the day of his death...

Capture and Recapture. If a seaman is taken out of a ship, after having been captured and recaptured, who is not able to rejoin his ship, and returns to the United States, it was decreed, as the seamen had not earned any wages in any other employment, he was entitled to his full wages up to his return to the United States-deducting therefrom his proportion of the salvage paid to the recaptors. Williams v. brig——, District Court Mass., March Term, 1809.

If a ship destined out and home, perish at aea, the seamen are entitled to receive their wages for the time employed in the outward voyage, and the uploading of the cargo, and if the ship sails to several places, wages are payable to the time of the delivery of the last cargo.

In case a ship be condemned for having contraband goods on board, and the mariners shipped on a different voyage from that which under a pretended necessity was pursued, mariners are entitled to a common action for wages from the time they shipped on board until their return to the port of departure, deducting the wages they received while in another service. Hoyt v. Wildfire, 3 John. Rep, 518.

7

But wages are not recoverable, if the hiring has been for an illegal voyage, to the knowledge of the seamen. The Vanguard, '6 Rob. Rep. 267.

If after the hiring of seamen, the owners of a ship do not think

proper to send her on her intended voyage, the seamen are to be paid for the time during which they may have been employed on board.By the French ordinance, they are to have one fourth of their wages, if hired for the voyage, and in proportion if paid by the month, but it depends chiefly on the custom of the port the vessel sails from.

The master has a right to discharge a seaman for just cause, and put him ashore in a foreign country, but he is responsible if he discharges him without just cause. Relf v. ship Maria, 1 Peters Adm. Rep. 186. Black v. ship Louisiana, 2 ibid 268. Hulle v. Heighman, 2 East, Rep. 145. The Exeter, 2 Rob. Adm. Rep. 261. Cited 3 vol. 141, Kent's Com.

The contract between seamen and owners is not dissolved on abandonment of a ship, under a policy of insurance, therefore the mariners must look to the owners, and not to the insurers, for their wages. Brooks v. Door, Mass. Rep. 29.

RECOVERY OF WAGES. For recovery of wages, seamen have a threefold remedy, viz. against the ship, the owner and the master, and they may proceed in the admiralty or marine court, or in any other court; in the former court all may join by way of libel against the ship, and payment may be obtained out of the ship. The contract remains in the hands of the master, but they are bound to produce it when required, and it is conclusive evidence of the contract between the parties.

If a ship be wrecked and abandoned to the underwriters, the mariners, provided freight is earned, have a lien on it for their wages. Giles v. brig Agnthia. 2 Pet. Ad. Rep. 203.

Actions for mariners' wages must be commenced within six years after the cause of action, unless disabled by non compos mentis, imprisonment, or beyond the seas. If a person hired as a mate, and from incapacity or ill conduct, be disgraced to the mast, he forfeits a part of his wages. Mitchell v. ship Orezembo, 1 Pet. Adm. R. 226.

Evidence of a settlement is not conclusive, if any advantage or fraud can be proved. Jackson v. White, 1 Pet. Ad. Rep. 179. Whiteman v. ship Neptune. ib. 180.

A master cannot be a competent witness in a libel for wages brought against the ship, or in an action against the owners. Jones v. brig Pharnia, 1 Pet. Ad. Rep. 201. Atkins v. Burrows, ib. 244. Malone v. Bell, ib. 139.

Neither can mariners be witnesses against each other, if they are interested in the event of the suit, but in other cases, as assault, im