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It seems that an unpaid seller of goods may re-sell the

goods if the buyer fails to pay for them, after receiving

express notice from the seller of his intention to re-sell, if

he is not i)aid for them — vide Page v. Coiuasgee, uhi supra.

It also seems that an unpaid seller has a right to

re-sell the goods, whei-c they are of a perishable nature,

and the buyer fails to ])ay the price — vide McLean v. Dunn

(1828), 4 Bing. 722.

An unpaid seller's right of le-salc is, however, now

BIGHTS OF AN AGENT AGAINST HIS PRINCIPAL. 77

regulated by section 48 of the Sale of Goods Act, 1893 ;

which Act will be found set out in the Appendix.

(J) It seems that a right of lien is barred by any Statute

of Limitations, which does not merely bar the remedy, but

also extinguishes the right, e.g. The E,eal Property Limita-

tion Act, 1833 (3 & 4 Will. IV. c. 27). But it seems that it

Is not barred by such Statutes of Limitations as bar the

remedy only, e.(j. 21 Jac. I. c. 16, and 3 & 4 Will. IV. c. 42.

Courtenay v. Williams (1844), 3 Hare 552, & 8 Jur. 844 ;

here Sir J. Wigram said; "The Statute of Limitations

that governs the present case is 21 Jac. I. c. 16, which

takes away the remedy against the debtor, unless the

action be brought within six years after the cause of action

arose ; but it leaves the right untouched, differing in this

respect from a more recent Statute of Limitations (The Real

Property Limitations Act, 1833), by which the right as well

as the remedy is barred. In accordance with this construction

of the Act it has been repeatedly decided, and is now settled

law, that if a creditor by means of a lien or other lawful

means can pay himself without resorting to an action

against the person of the debtor, he may lawfully do so."

The different Liens of different classes of Agents. вЂ

Auctioneers' Lien. — An auctioneer has possession of the

goods which he is employed to sell ; and he has a particular

lien for the charges of the sale, commission, and auction

duty ; firstly, upon the goods sold, and after they have been

paid for and delivered, upon the price paid for them — vide

Williams v. Millington (1788), 1 H. Bl. 81, Bohinson v.

Butter (1855), 4 E. & B. 954, and IVehh v. Smith (1885),

30 Ch. D. 192. C. A.

Factors' Lien. — A factor has a sjeneral lien on the sfoods

and chattels entrusted to him for sale, for the general

balance of account arising out of his employment — vide

Kruger v. Wilcox (1755), Amb. 252, and Walker v. Birch

(1795), 6 T. R. 258.

78 The law of agency,

But he has no lien for debts incurred previously to his

employment as a factor — vide Houghton v. Mathews (1^0^),

3 B. & P. 485.

Brokers' Lien. — Brokers, as a general rule, inasmuch as

they have not possession of the goods or chattels which

they are employed to buy or sell, have no right of lien.

Insurance brokers, however, from the fact that it is the

custom to entrust them with the possession of the policies

effected by them, have a general lien upon such policies

for the general balance of account arising out of their

employment — vide Snooh v. Davidson (1809), 2 Camp.

218, and Mann v. Forrester (1814), 4 Camp. 60.

Common Carriers' Lien. — A common carrier, in the

absence of special agreement, has a particular lien upon

the goods and chattels carried, for the price of their

carriage, both as against the consignor and the consignee вЂ

vide Skinner v. UpshoAu (1701), 2 Ld. Raym. 752, and

Rushforth V. Hadjield (1806), 7 East. 224.

By special agreement a carrier may also have a general

lien for the general balance of account on the goods carried,

against the consignor, or consignee, as the case may be вЂ

vide Bushforth v. Hadjield, ubi supra.

Bankers' Lien. — A banker, in the absence of special

agreement to the contrary, has a general lien for the

general balance of account upon all bills of exchange or

other securities deposited with him by a customer in the

ordinary course of his business as a banker — vide Davis

V. Bowsher (1704), 5 T. R. 488, Bolland v. Bygrave (1825),

Ry. & Moo. 271, and London Cliartered Banh of Australia

V. White (1870), 4 App. Cas. 413.

But a banker has no general lien upon boxes contain-

ing securities which have been deposited merely for safe

custody by a customer, who himself keeps the keys of, and

lias free access to, such boxes — vide Brandao v. Barnett

RIGHTS OF AN AGENT AGAINST HIS PRINCIPAL. 79

(1846), 12 CI. & F. 787, and Lcese v. Martin (1873), L. R.

17 Eq. 224.

Solicitors' Lien. — A solicitor has, in the absence of

special agreement to the contrary, a general lien for the

general balance of account, upon all chattels, papers, or

deeds which have come into his hands in the ordinary-

course of his business — vide Ex ]3arte Stirliwj (1809), 16

Ves. 258, Stevenson v. Blakelock (1813), 1 M. & S. 535, and

Frisiuell v. King (1846), 15 Sim. 191.

But it seems that a solicitor's lien only extends to his

taxable costs, charges, and expenses ; which are such costs

as can be moderated by the taxing master, and do not

include ordinary advances or loans. It also depends upon

the circumstances of each particular case, whether the

taking of security for a debt by a person having a lien

constitutes an abandonment of that lien or not — vide In re

Taylor & Gompamj (1891), 1 Ch. 590. C. A.

A solicitor has no lien on his client's will nor on any

deed made in favour of the solicitor and reserving a life

interest or power of revocation to the client — vide Balck

v. Symes (1823), 1 T. & K 87.

In addition to his passive Common Law lien a solicitor

has an equitable charge or lien, which he can actively

enforce upon a fund or property which has been recovered

by his exertions, for his costs of recovery ; this charge

or lien is a particular one, and only extends to the

costs of the particular suit, matter, or proceeding in

which they were incurred — vide Bozon v. Bolland (1839),

4 M. & Cr. 354.

This charge or lien can be enforced even if the debt is

barred by the Statute of Limitations — vide Higgins v. Scott

(1831), 2 B. & Ad. 413.

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