"Liens 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; 1. 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; common carriers and inn-keepers are among this number. 2. When goods are delivered to a tradesman or any other, to expend his labor upon, he is entitled to detain those goods until he is remunerated for the labor which he so expends. 3. When goods have been saved from the perils of the sea, the salvor may detain them until his claim for salvage is satisfied; but in no other casehas the finder of goods a lien.

"General liens arise in three ways: 1. By the agree ment of the parties. 2. By the general usage of trade. 3. By particular usage of trade.

"How liens may be acquired.-To create a valid 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. 2. That the party claiming the lien should have an actual or constructive possession, with the assent of the party against whom the claim is made. 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 extent of the contract, as, for example, when goods are deposited to be delivered to a third person, or to be transferred to another place.

แ "The debts or claims to which liens properly attach. -1st. In general, liens properly attach on liquidated de

mands, and not on those which sound only in damages; though by an express contract they may attach even in such a case; as, where the goods are to be held as an indemnity against a future contingent claim or damages. 2. The claim for which the lien is asserted, must be 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 acting, and not from a third person, although the goods may be claimed through him.

"How a lien may be lost.-1st. It may be waived or lost by any act or agreement between the parties, by which it is surrendered, or becomes inapplicable. 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 lawful authority, sells the goods of his principal, and parts with the pos session 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 the vendee.

"The effect of liens.-In general, the right of the holder of the lien is confined to the mere right of retainer. But when the creditor has made advances on the goods of a factor, he is generally invested with the right to sell. In some cases where the lien would not confer a power to sell, a court of equity would decree it. And courts of admiralty will decree a sale to satisfy maritime liens.

"Judgments rendered in courts of record are generally liens on the real estate of the defendants or parties against whom such judgments are given."

Provision has been made by statute to create a lien

in favor of mechanics and others to enable them to secure what is justly their due, in certain cases.

This lien attaches to the property on account of which the obligation to pay arises. Thus, persons who perform labor or furnish materials, or machinery for constructing, altering or repairing any watercraft, or for erecting or repairing any building or appurtenance thereto, by virtue of a contract with the owner thereof, have a lien to secure the payment of the same, and in the case of buildings, upon the lot or land upon which such building stands, provided the owner of the building is the owner of such land; and in case he has only a leasehold interest in the land, such interest is liable to satisfy the lien.

For liens created by statute, and the manner of enforcing them, see Swan and Critchfield, 420, 833; Session Laws of 1871, 107; Session Laws of 1874, 162.

Questions-What is a lien? How many kinds are there? How do they arise? Give illustrations? What is essential to a valid lien? To what debts or claims do liens attach? How may a lien be lost? the effect of liens? Of judgments? Of statutory liens ?

What is said of

CHAPTER LIX.

OF WEIGHTS AND MEASURES-PARTITION FENCES.

The law provides how many pounds of grain, dried fruit, coal, vegetables and products shall constitute a bushel Wheat, 60; rye, 56; shelled corn, 56; corn in

ear, 70; oats, 33; clover seed, 62; timothy seed, 45; hempseed, 44; millet seed, 50; buckwheat, 50; beans, 60; peas, 60; hominy, 60; Irish potatoes, 60; sweet potatoes, 50;, dried peaches, 33; dried apples, 25; flax-seed, 56; barley, 48; malt, 34; Hungarian grass seed, 50; stone coal, 80 for bituminous and 70 for cannel.

A cord of fire-wood consists of 128 cubic feet, well stowed and packed.

Apple and potato barrels must be made of seasoned timber, of staves twenty-seven inches in length, when finished, with cut heads of seventeen inches diameter.

The law provides that "all barrels of beef or pork, shall be made of sound, seasoned white oak timber, clear of sap wood, twenty-nine inches in length, when finished, with a cut head of seventeen and a half inches in diameter, tightly bound with strong hoops, one-third of the length thereof, at each end, and when packed and headed up, the outward hoop on each end shall be secured with four nails of suitable size.

"Each barrel of beef or pork put up for exportation in this State shall contain two hundred pounds weight of sound, cleaned, well slaughtered meat, and such only as is well fatted."

Beef is known in market either as "mess beef" or "prime beef"; "mess beef" containing the choicest pieces. Pork is also graded, and is known either as "prime pork," (which is the highest grade) "mess pork" or "navy pork." [See Swan and Sayler, 719.]

A barrel of fish must contain two hundred pounds. Fences.-The respective owners, or lessees for one or more years, of lands inclosed with fences, are required to

keep up and maintain in good repair, all partition fences between their own and the next adjoining inclosures, in equal shares, so long as both parties continue to occupy or improve the same.

Controversies in relation to partition fences are to be decided by the township trustees.

Questions-Give the weight per bushel of the different grains, fruits and products mentioned in this lesson. What constitutes a cord of fire-wood? How must apple and potato barrels be made? Beef and pork barrels? What is said of the quality and quantity of beef and pork to be packed in each barrel? How are beef and pork graded? How many pounds of fish are required for a barrel? What is said of the keeping up of partition fences? What officers are required to decide controversies respecting partition fences?

CHAPTER LX.

MONEY AND INTEREST.

The parties to any bond, bill, promissory note or other instrument in writing, for the forebearance or payment of money at any future time, may stipulate therein for the payment of interest upon the amount of such bond, bill, note or other instrument of writing, at any rate, not exceeding eight per centum per annum, payable annually. In other cases the rate of interest is six per cent.

Rule for calculating interest:-Suppose the rate of interest to be six per cent. Payments made upon notes or installments before due should be applied to the extinguishment of the principal and such proportion of in