363, Which still remains good law, as is shown by the two

following cases : —

De Mattos v. Beijjamin (1894), 10 T. L. R. 221 ; here

the plaintiff employed the defendant, as his agent, to make

bets for him. The defendant subsequently furnished the

plaintiff with an account showing a balance due to plaintiff

of ВЈ15 2s. 8d. The defendant having received, but having

failed to pay over to the plaintiff:', any of that money, the

latter brought an action against him to recover it. The

Court held that the plaintiff was entitled to recover the

amount claimed.

Harvey v. Hart (1894), W. N. 72 ; here the defendant

had received money as plaintiff's agent for the purpose of

carrying out certain betting transactions on his (plaintiff's)

account. Stirling, J., held, on the authority of De Mattos

v. Benjamin, ubi supra, that plaintiff was entitled to have

an account taken of what was due to him from defendant,

74 • THE LAW OF AGENCY.

and that defendant must pay to him the amount certified

to be due on the taking of such account.

3. An agent has a right of Lien against his principal,

varying according to the class of agent to which he belongs.

A Common Law lien, sometimes called a Possessory

lien, may be defined as, a right which certain persons have

to retain the goods or chattels of another, which are in

their lawful possession (actual or constructive), until a

debt owing to them by that other person has been

satisfied.

The term lien is sometimes extended to those equitable

and statutor}^ charges which certain persons, e.g. solicitors,

have upon property of which they have not the possession.

Common Law liens are either particular or general.

A particular lien is the right which a person has to

retain a thing belonging to another until a debt has been

satisfied which arose in connection with that particular

thing ; such is the lien of an unpaid vendor of goods, or of

a person who has expended labour and skill upon a chattel.

A particular lien is favoured by the Courts, and may be

created by express or implied contract, or by construction

of law.

A general lien is the right which a person has to

retain a thing belonging to another, not only until a debt

has been satisfied which arose in connection with that par-

ticular thing, but also for a general balance of account

owing by its owner ; such is the lien of an innkeeper or of

a factor. A general lien is not favoured by the Courts^,

and can only be created by an express or implied contract ;

thus it may be implied from the custom of a particular

trade or business, or from the conduct and course of

dealings of the parties.

The following principles regulate the right to a Common

Law lien : —

(a) The possession of the thing sought to be retained

RIGHTS OF AN AGENT AGAINST HIS PRINCIPAL. 75

must be continuous ; and if the person claiming the lien