80 Tee law of agency.

But it does not extend to real estate — vide Shaiu v.

Neale (1858), 6 H. L. 58 ; neither does it extend beyond the

client's own interest — vide Verity v. Wylde (1859), 7 W.

E. 270.

The Solicitors Act of 18G0 (23 & 24 Vict. c. 127) also

gives to a solicitor a statutory charge or lien ; which

statutory lien, apparently, does not in any way affect or

abrogate the old equitable lien — vide Hainier v. Giles (1879),

11 Ch. D. 442, and Bkodes V. Sugden (1885), 29 Ch.

D. 517.

The 28th section of The Solicitors Act, 1860, provides

as follows : " In every case in which a solicitor shall be

employed to prosecute or defend any suit, matter, or pro-

ceeding, in any court of justice, it shall be lawful for the

court or judge before whom any such suit, matter, or pro-

ceeding has been heard or is depending, to declare such

solicitor entitled to a charge upon the property recovered

or preserved ; and upon such declaration being made, such

solicitor shall have a charge upon and against, and a right

to payment out of the property of whatsoever nature, tenure,

or kind the same may be, which shall have been recovered

or [jreserved through the instrumentality of any such

solicitor, for the taxed costs, charges, and expenses of, or in

reference to, such suit, matter, or proceeding ; and it shall

be lawful for such court or judge to make such order or

orders for taxation of, and for raising and payment of, such

costs, charges, and expenses out of the said property as to

sucli court or judge shall appear just and proper ; and all

conveyances and acts done to defeat, or which shall operate

to defeat, such charge or right, shall, unless made to a honCi

fide purchaser for value without notice, be absolutely void

and of no effect as against such charge or right : provided

always that no such older shall be made by any such court

or judge in any case in which the light to recover payment

EIGHTS OF AN AGENT AGAINST HIS PBINCIPAL. 81

of such costs, charges, and expenses is barred by any Statute

of Limitations."

It seems that the above charge is in the nature of salvao^e,

and may be made on the interests of persons who did not

employ the solicitor and who were not parties to the suit, if

they adopt the benefit obtained in the suit — vide Greer v.

Yoitng (1882), 24 Ch. D. 545. C. A.

Moreover, it is practically impossible for any right to

be acquired over property recovered or preserved without

notice of the solicitor's prior right ; for it has been decided

that notice that the subject-matter of an assignment is the

subject-matter of a suit amounts to notice to the assignee

of the existence of the solicitor's right to this statutory

charge or lien— vide Cole v. Meij (1894), 97 L. T. 146. C. A.

But a solicitor can only have a charge, under the above

Act, upon the fund or property recovered or preserved,

in respect of the costs incurred in that particular matter, and

not for general costs — vide Ex parte Thompson (1860), 3

L. T. 317.

The Lien of Agents who are Q,uasi-Vendors. — An agent who

is a quasi-vendor of goods, that is, in the position of a

seller without actually being so, is, by section 38, sub-

section 2, of The Sale of Goods Act, 1893 (56 & 57 Vict. c.

7), given the same right of lien for the price of the goods

as a person who is a seller in the strict sense of the word.

For the provisions of this Act regarding an unpaid

seller's right of lien, see sections 38, 39, 41, 42, 43, and 48,

which are set out in the Appendix.

4. A certain class of agents have a right of Stoppage in

transitu against their principals.

Strictly speaking, the right of stoppage in transitu is

the right of an unpaid seller to stop the goods, while they

are in course of transit, upon the insolvency of the buyer.

G