A LAW CASE.
In 1806 a case was tried in the District Court of Maryland, “United States vs. Barney,” which we deem essential to the nature of our work.
“Winchester, J.—The indictment in this case, which charges the defendant with having wilfully obstructed the passage of the public mail at Susquehanna River, is founded on the act of Congress of March, 1799.
“The defendant sets up as a defence and justification of this obstruction of the mail that he had fed the horses employed in carrying the mail for a considerable time, and that a sum of money was due to him for food furnished at and before the time of their arrest and detention.
“On this state of the facts, two questions have been agitated:—
“1st, Whether the right of an innkeeper to detain a horse for his food extends to horses owned by individuals and employed in the transportation of the public mail. And,
“2d, Whether such right extends to horses belonging to the United States, employed in that service.
“The first question involves the consideration of principles of some extent, and to decide correctly on the second it may be necessary to state them generally.
“Lien is generally defined to be a tie, hold, or security upon goods or other things which a man has in his custody, till he is paid what is due to him. From this definition it is apparent that there can be no lien where the property is annihilated or the possession parted with voluntarily and without fraud. 2 Vern. 117; 1 Atk. 234.