BILL OF SALE-COMMON FORM-WITHOUT WARRANTY. MESSRS. S. J. HAVENS & CO., Hartford, Bought of F. R. BETTS & Co., One set Hawthorne's Works, 14 vols., complete, One " Received Payment, F. R. BETTS & CO., By FENTON. CHAPTER VII. OF LIENS. SECTION 1.-Definitions. ONE definition of a lien is, " a right to retain possession of property till some obligation or claim, arising out of something done upon it by way of repair or addition, or in some way attached to it, has been paid. This restricted definition implies, that the property upon which the lien rests is in the possession of the party claiming the lien. This was true as to most, if not all, liens arising out of the common law. In maritime law, liens exist, where the party never has possession, actual or constructive. A bottomry bond gives such a lien. Equity also works out, in favor of a seller, a lien upon land for the purchase money, which remains unpaid. A lien is not a right of property in the thing, but an incumbrance resting upon it, till some charge upon it has been paid. The existence of the lien does not prevent the party entitled to it from enforcing at law, by suit or otherwise, collection of his debt. The following classes of persons are entitled to a lien at common law: First, Bailees who perform service upon the thing put into their hands at the request of the bailor. Second, Hotel Keepers have a lien upon the baggage of their guests, for the amount properly charged for accommodations. Third, Common Carriers, upon land and water, have a lien upon the goods which they carry, for the amount due for freight. Fourth, Vendors, or sellers of goods, have commonly a lien for the price, upon goods sold without credit. Fifth, Agents or Factors have a lien upon the goods of their principals, for advancements made for their benefit. Sixth, At common law, Ship Builders have also a lien upon the ship, while in their possession. In addition to these common-law liens, there are now, in nearly or quite all our States, provisions for securing to mechanics, their wages; and to those who furnish materials for a building, their pay. These provisions are called, Builders' Lien, and Mechanics' Lien laws. Every mechanic employed upon a house or vessel, and, in some of the States, upon any sort of property or thing, either in its construction or repair, has a lien upon it for the amount of his wages; so the material man for the amount due him for materials furnished. This lien is fixed for a time named in the statute, and within that time the party, in whose favor the lien exists, must take steps to enforce it, in the 'mode pointed out by the statute. In some States, he files a petition to the proper court, setting forth the facts; in others, he is to sue and attach the property. In all, the end sought is the same,—the appropriation, within a limited time, of the property, in payment of the debt, unless the owner discharges the lien by its pay ment. The purpose of these laws is, to aid the mechanic and material man in securing his pay, without fraud upon, or injury to, his neighbors. There are, therefore, provisions which are designed to protect third persons against being defrauded by these liens. These provisions are quite various. Generally, something must be done to enable the party to acquire the lien. In some of the States, the contract, under which the work is done or materials furnished, must be written and recorded in some specified public registry. In some, notice of the intention to acquire a lien must be given to the owner of the property. Generally the lien expires in a limited time,-thirty, sixty, or ninety days, unless it is enforced by proper proceedings. The reasons of these precautions are manifest: it would be unjust, while providing for the security of one class, to allow a third party, dealing in good faith, and without opportunity of knowing of any encumbrance, to purchase and pay for a house, or other property, and afterwards learn that the builder or material man has a lien upon it, of which he knew nothing, and against which he has, perhaps, now no means of adequate protection. And it would be equally unjust for an owner, who had carefully contracted with a master workman, builder or employer, to repair his house, after settling with his contractor, and paying him the full amount of his bill, to find that he was still obliged to pay each individual workman employed by the builder. With all the care that may be bestowed upon this class of legislation, injustice will sometimes result from it. A late mechanics' lien law of Massachusetts was so imperfectly guarded in these respects, that, under its express provisions, a building committee of a religious society, who had fully paid their builder (with whom they had a written contract) for all work done and materials furnished for a church, were compelled to pay several hundred dollars to individual workmen, employed by the builder in his shop, miles away, in another town, and who had never seen the building, but had prepared the doors, blinds, windows, &c., for it, while working by the month for their employer; and this was a case where the builder had become insolvent, and the loss came upon a religious society, who were poorly able to be so victimized by imperfect and, therefore, unjust legislation. The statutes upon these subjects undergo frequent changes of more or less importance, and an attempt to give the statutory provisions of the different States in detail, would be more likely to mislead than to benefit. My purpose, therefore, will be to give the principles upon which this clause of legislation is predicated, and to advise the mechanic or material man who would avail himself of them, or the owner who wishes to protect himself against a double payment, to look carefully to the statute law of the State in which his property is, and observe and conform to its directions. In a matter of this importance, no mechanic would be likely to trust his own skill to file his petition or enforce his lien; nor would a wise owner act without counsel, in a case where he had reason to apprehend existing encumbrances; and the counsel employed can easily advise what may then and there be the precise local law upon this subject. SECTION 2. Common Law Liens, how Acquired, and Different Kinds. These liens are not only reserved to the various classes named in Section 1, but are of two kinds,-general, and particular, or special. A special lien gives only a right to retain the particular property upon which it rests. The workman may retain the article upon which his labor has been expended, the expressman the goods he has carried, and the seller the thing sold. This sort of lien is a favorite of the law, and is liberally construed. It is not barred by statutes of limitation, or lapse of time. The claimant of it is in possession of the property, and, so long as he retains that, is secure of his lien till the debt or charge is paid. The thing, so in possession of the claimant of a lien, cannot be attached or seized on execution by the creditors of its owner, till the lien is paid; as it takes precedence of all claims of creditors, purchasers or an assignee in bankruptcy. The law may sometimes give a sheriff, messenger, or assignee, a right to take possession and sell, but always subject to the lien; and if sold, the proceeds must first be applied in discharge of the lien. General liens are usually claimed by factors and agents upon property in their charge, to secure a general balance of account. Unlike the special lien of the workman, these receive a strict construction. Hotel keepers and common carriers are bound by law, the one class to receive as guests such persons as apply, and the |