LIEN¹, contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied. 2 East 235; 6 East 25; 2 Campb. 579; 2 Meriv. 494; 2 Rose, 357; 1 Dall. R. 345.

2. The right of lien generally arises by operation of law, but in some cases it is created by express contract.

3. There are two kinds of lien; namely, particular and general. When a person claims a right to retain property, in respect of money or labor³ expended⁵ on such particular property, this is a particular lien. Liens⁶ may arise in three ways: 1st. By express contract. 2d. From implied contract, as from general or particular usage of trade. 3d. By legal relation between the parties, which may be created in three ways; When the law casts an obligation on a party to do a particular act, and in return for which, to secure him payment, it gives him such lien; 1 Esp. R. 109; 6 East, 519; 2 Ld. Raym. 866; common carriers and inn keepers are among this number. 2. When goods are delivered to a tradesman or any other, to expend⁴ his labor upon, he is entitled to detain those goods until he is remunerated for the labor which he so expends⁷. 2 Roll. Ab. 92; 3 M. & S. 167; 14 Pick. 332; 3 Bouv. Inst. n. 2514. 3. When goods have been saved from the perils⁸ of the sea, the salvor may detain them until his claim for salvage⁹ is satisfied; but in no other case has the finder of goods, a lien. 2 Salk. 654; 5 Burr. 2732; 3 Bouv. Inst. n. 2518. General liens arise in three ways; 1. By the agreement of the parties. 6 T. R.14; 3 Bos. & Pull. 42. 2. By the general usage of trade. 3. By particular usage of trade. Whitaker on Liens 35; Prec. Ch. 580; 1 Atk. 235; 6 T. R. 19.

4. It may be proper to consider a few, general principles: 1. As to the manner in which a lien may be acquired. 2. To what claims liens properly attach. 3. How they may be lost. 4. Their effect.

5. - 1. How liens may be acquired. To create a valid¹¹ lien, it is essential, 1st. That the party to whom or by whom it is acquired should have the absolute property or ownership of the thing, or, at least, a right to vest it. 2d. That the party claiminig the lien should have an actual or constructive¹², possession, with the assent¹³ of the party against whom the claim is made. 3 Chit. Com. Law, 547; Paley on Ag. by Lloyd, 137; 17 Mass. R. 197; 4 Campb. R. 291; 3 T. R. 119 and 783; 1 East, R. 4; 7 East, R. 5; 1 Stark¹⁵. R. 123; 3 Rose, R. 955; 3 Price, R. 547; 5 Binn. R. 392. 3d. That the lien should arise upon an agreement, express or implied, and not be for a limited or specific purpose inconsistent with the express terms, or the clear, intent of the contract; 2 Stark. R. 272; 6 T. R. 258; 7 Taunt¹⁶. 278;. 5 M. & S. 180; 15 Mass. 389, 397; as, for example, when goods are deposited to be delivered to a third person, or to be transported to another place. Pal¹⁴. on Ag. by Lloyd, 140.

6. - 2. The debts or claims to which liens properly attach. 1st. In general, liens properly attach on liquidated¹⁷ demands, and not on those which sound only in damages; 3 Chit. Com. Law, 548; though by an express contract they may attach even in such a case as, where the goods are to be held as an indemnity¹⁸ against a future contingent¹⁹ claim or damages. Ibid. 2d. The claim for which the lien is asserted, must he due to the party claiming it in his own right, and not merely as agent of a third person. It must be a debt or demand due from the very person for whose benefit the party is acting²¹, and not from a third person, although the goods may be claimed through him. Pal. Ag. by Lloyd, 132.

7. - 3. How a lien may be lost. 1st. It may be waived²² or lost by any act or agreement between the parties, by which it is surrendered, or becomes inaplicable. 2d. It may also be lost by voluntarily parting with the possession of the goods. But to this rule there are some exceptions; for example, when a factor by lawful²³ authority sells the goods of his principal, and parts with the possession under the sale he is not, by this act, deemed to lose his lien, but it attaches to the proceeds of the sale in the hands of hte vendee.#p#副标题#e#

8. - 4. The effect of liens. In general, the right of the holder²⁴ of the lien is confined to the mere²⁰ right of retainer. But when the creditor²⁵ has made advances on the goods of a factor, he is generally invested with the right to sell. Holt's N P. Rep. 383; 3 Chit. Com. Law, 551; 2 Liverm. Ag. 103; 2 Kent's Com. 642, 3d ed. In some cases where the lien would not confer power to sell, a court of equity²⁶ would decree it. 1 Story Eq. Jur. §566; 2 Story, Eq. Jur. §1216; Story Ag. §371. And courts of admiralty will deeree a sale to satisfy maritime²⁷ liens. Abb. Ship. pt. 3, c10. §2; Story, Ag. §371.

9. Judgments²⁹ rendered in courts of record are generally liens on the real estate of the defendants³⁰ or parties against whom such judgments are given. In Alabama, Georgia and Indiana, judgment²⁸ is a lien; in the last mentioned state, it continues for ten years from January 1, 1826, if it was rendered from that time; if, after ten years from the rendition of the judgment, and when the proceedings³¹ are stayed by order of the court, or by an agreement recorded, the time of its suspension is not reckoned in the ten years. A judgment does not bind³² lands in Kentucky, the lien commences by the delivery of execution to the sheriff, or officer. 4 Pet. R. 366; 1 Dane's R. 360. The law seems to be the same in Mississippi. 2 Hill. Ab. c. 46, s. 6., In New Jersey³³, the judgments take priority among themselves in the order the executions on them have been issued. The lien of a judgment and the decree of a court of chancery continue a lien in New York for ten years, and bind after acquired lands. N. Y. Stat. part 3, t. 4, s. 3. It seems that a judgment is a lien in North Carolina, if an elegit has been sued out, but this is perhaps not settled. 2 Murph. R. 43. The lien of a judgment in Ohio is confined to the county, and continues only for one year, unless revived. It does not, per se, bind after acquired lands. In Pennsylvania, it commences with the rendering³⁴ of judgment, and continues five years from the return day of that term. It does not, per se, bind after acquired lands. It may be revived by scire facias, or an agreement of the parties, and terre tenants³⁵, written and filed. In South CaroIina and Tennessee a judgment is also a lien. In the New England states, lands are attached by mesne process or on the writ³⁶, and a lien is thereby³⁷ created. See 2 Hill. Ab. c. 46.

10. Liens are also divided into legal and equitable³⁸. The former are those which may be enforeed iu a court of law; the latter are valid only in a court of equity. The lien which the vendor³⁹ of real estate has on the estate sold, for the purchase money remaining unpaid⁴⁰, is a familiar example of an equitable lien. Math. on Pres. 392. Vide Purchase money. Vide, generally, Yelv. 67, a; 2 Kent, Com. 495; Pal Ag. 107; Whit¹⁰. on Liens; Story on Ag. ch. 14, §351, et seq: Hov. Fr. 35.

11. Lien of mechanics and material men. By virtue⁴¹ of express statutes⁴² in several of the states, mechanics and material men, or persons who furnish materials for the erection of houses or other buildings, are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected⁴³, and to the land, to a greater or lessor extent, on which they are erected. A considerable similarity exists in the laws of the different states which have legislated⁴⁴ on this subject.

12. The lien generally attaches from the commencement of the work or the furnishing of materials, and continues for a limited period of time. In some states, a claim must be filed in the office of the clerk or prothonotary of the court, or a suit brought within a limited time. On the sale of the building these liens are to be paid pro² rata. In some states no lien is created unless the work done or the goods furnished amount to a certain specified⁴⁵ sum, while in others there is no limit to the amount. In general, none but the original contractors⁴⁶ can claim under the law; sometimes, however, sub-coutractors have the same right.

13. The remedy is various; in some states, it is by scire facias on the lien, in others, it is by petition to the court for an order of sale: in some, the property is subject to foreclosure, as on a mortgage; in others, by a common action. See 1 Hill. Ab. ch. 40, p. 354, where will be found an abstract of the laws of the several states, except the state of Louisiana; for the laws of that state, see Civ. Code of Louis. art. 2727 to 2748. See generally, 5 Binn. 585; 2 Browne, R. 229, n. 275; 2 Rawle R. 316; Id. 343; 3 Rawle, R. 492; 5 Rawle R. 291; 2 Whart. R. 223; 2 S. & R. 138; 14 S. & R. 32; 12 S. & R. 301; 3 Watts⁴⁷, R. 140, 141; Id. 301; 5 Watts, R. 487; 14 Pick. P,. 49; Serg. on Mech. Liens.