Of all these laws for the recovery of debts, and the enforcement of the liens of mechanics, the provisions now in force are quite recent. Only of late years has imprisonment for debt been greatly mitigated or removed, and the trustee or garnishee process made what it now is, exceedingly convenient and useful. The homestead law and the lien law, though now so widely spread, are a modern invention, or, at least, of modern introduction. The effect of this recent origin is twofold. First, important practical questions still exist as to their construction, application, and effect, which only time can solve. Secondly, there is not only no general agreement as to their details, but, to all appearance, no permanent contentment with these details anywhere. The statutes on these subjects undergo very frequent changes of all degrees of importance, and we have no reasonable assurance, anywhere, that precisely what is law to-day will be law in the same place to-morrow.

I have thought it best, therefore, not to attempt to give all those statutory provisions of the several States in detail. Such a thing might be much worse than useless if it led to conduct grounded on a mistaken belief that the law of one time is just what it is at another. Nothing more has been attempted, therefore, than this. First, to give a general and accurate view of all those principles of the laws relating to creditor and debtor which are now generally agreed upon, and may be regarded as probably permanent.' Secondly, to give such information as may be depended upon, to those who are caught in an emergency where they cannot at once seek counsel, or for any reason will not, and who may here be told, in general, how the law stands in relation to them. Thirdly, to indicate distinctly to the mechanic what rights he may possess and what securities he may hold, and how he may lose the rights and securities he possesses, and to the owner or buyer what liabilities he may incur, unless the one and the other take the proper course which the law has provided for their safety.

In the present state of the laws for the collection of debts or the exemption of property, it would be difficult for any one but a lawyer to learn or state all the exact provisions and effects of these laws. And even if this were possible, no mechanic would probably be willing to trust to himself to make out his writ, or file his peti

tion, to enforce his claims or lien; and any competent counsel whom he would employ for this purpose would be able to tell him what the law was at that very time, in that very State, and on that precise question.

For these reasons, little more is attempted in this chapter, because little more is thought possible, than to yield all available assistance to debtors or creditors who have not the means or opportunity of employing counsel, and of indicating to those who can consult them, the rights, security, and safety they may possess, by wise advice and accurate conformity with the law.

The forms to be used under the lien laws are not prescribed by statute. Those given below are in use in some of our principal cities; and the same, in substance, would be suitable anywhere.

Street, in

sum of

residing at No.

have a claim against amounting to the due to me, and that the claim is made for and on account

of (here state the work or materials) and that such work was done in pursuance of (here describe the contract) which building is owned by

in the

ward, of the city of

Street, and is known as No.

on the

situated

side of

the following is a diagram

of said premises (or, the said premises being described as follows) And that I have and claim a lien upon said house or building and the appurtenances and lot on which the same shall stand pursuant to the provisions of an act of the Legislature of the State of to secure the payment

of mechanics, laborers, and persons furnishing materials towards the erection, altering, or repairing of buildings.

(The name of the party claiming the lien) being duly sworn, says, that he is the claimant mentioned in the foregoing notice of lien, that he has read the said notice and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.

A Bill of Particulars Of the amount claimed to be due from

for and on account of (work or materials) and that such work was done (or materials furnished) in pursuance of (state the contract or order) which building is owned by on the

situated in the
side of

of said street.

M

To

ward of the city of Street, and is known as No.

18

(206.)

A Release and Discharge of a Mechanic's Lien.

I do Hereby Certify, That a certain mechanic's lien, filed in the office of the clerk of the

county of

one thousand eight hundred and

the

day of

at

who is known to me to be the individual described in, and who executed the above certificate, and acknowledged that he executed the same.

(207.)

Release and Discharge of a Mechanic's Lien; another Form.

on

Whereas, We, the subscribers, have erected and furnished materials for erecting lot or piece of ground situate And have agreed to release all liens which we, or any or either of us have, or might have, on the said by reason of materials furnished, or work performed, for erecting the same. Now these presents witness, that we, the subscribers, for and in consideration of the premises, and of the sum of one dollar, to each of us at or before the sealing and delivery hereof by the said truly paid, the receipt whereof we do hereby acknowledge, have remised, released, and forever quit-claimed, and by these presents do remise, release, and forever quit-claim unto the said and to his heirs and assigns, all

well and

and all manner of liens, claims, and demands whatsoever, which we, or any or either of us now have, or might or could have, on or against the said

and premises, for work done, or for materials furnished, for erecting and constructing the said building, or otherwise howsoever. So that he the said

and his heirs and assigns, shall and may have, hold, and enjoy, the said

and premises, freed and discharged from all liens, claims, and demands whatsoever, which we, or any or either of us, now have, or might or could have, on or against the same, if these presents had not been made.

In Witness Whereof, we have hereunto set our hands and seals the day of the date written opposite our respective signatures.

(Date.)

(Witnesses at signing.)

CHAPTER XXXVII.

(Signatures of Claimants.)

PENSIONS.

CONGRESS has provided pensions for officers, soldiers, and sailors disabled in the service, and for the widows and children of officers, soldiers, and sailors who have died in the service. The statutes are very carefully drawn, and may be regarded as making, on the whole, wise and liberal provision.

The officers to whom application by officers, soldiers, or sailors, or their representatives, should be made in Washington, by letter or petition, are, by a soldier having his regular discharge-paper, to the Paymaster General; if the discharge-paper be lost, to the second Auditor of the Treasury; by those who claim as the representatives of a deceased person, to the same auditor; if for commutation of rations, to the same auditor; if for pensions, or in any especial question arising out of pensions, to the Commissioner of Pensions.

The officers having charge of these matters are disposed to do whatever can be done for the benefit and convenience of applicants, consistently with a due protection of the government and the country against fraud or mistake. And both fraud and mistake are so easy, that many precautions and precise regulations have been found necessary, and are carefully adhered to.

The Commissioner of Pensions has prepared instructions for all applicants, military or naval; which, being understood and regarded, will prevent all fraud or misunderstanding. substantially as follows:

Instructions.

They are

Under the act of Congress approved July 14, 1862, and acts amendatory thereof, pensions are granted to the following classes of persons:

I. INVALIDS, disabled since March 4, 1861, in the military or naval service of the United States, in the line of duty.

II. WIDOWS of officers, soldiers, or seamen, dying of wounds received or of disease contracted in the military or naval service, as above.

III. CHILDREN, under sixteen years of age, of such deceased persons, if there is no widow surviving, or from the time of the widow's remarriage.

IV. MOTHERS of officers, soldiers, or seamen, deceased as aforesaid, provided the latter have left neither widow nor children under sixteen years of age; and provided, also, that the mother was dependent, wholly or in part, upon the deceased for support.

V. FATHERS, upon the same conditions, and subject to the same restrictions, as mothers, if there be no mother surviving.