Page:The American Cyclopædia (1879) Volume X.djvu/425

LIEEEE LIEUTENANT 419 the other comes into effect. Thus a carrier of goods from a seller to a buyer may be notified to retain them for the seller, for payment of his price ; but the carrier has himself a lien for the price of carrying them. He will therefore hold the goods for his own demand ; but when that price is paid to him, or if he recovers it in any way, his lien is discharged, and his possession is now the possession of the seller, who has a lien for the price. (See SALE, and STOPPAGE IN TRANSITTJ.) Another exceedingly important lien is that upon the land of the debtor, created in favor of a creditor by a judgment or final decree of a court of law. The law and prac- tice on this subject are singularly different in different states. Thus, in the New England states and some others, a judgment is no lien whatever, nor is execution until it be levied. But in those states land may be attached on mesne process, and this attachment, when re- turned and recorded as the law requires, is a valid lien. In New York and a number of others every judgment and final decree are a lien on the real estate of the debtor, from the docketing of the judgment. Another very im- portant lien is the equitable lien of a seller of real estate for the unpaid balance of his price. This also is derived from England, and is un- known in some of our states, and exists with much variety in those in which it is recognized. In general it may be said that the vendor will have a lien on the land sold by him for any unpaid portion of the purchase price, provided he has taken no security for the same, and there is nothing in the contract of sale to nega- tive the existence of the lien. The purchaser's own note or obligation to pay is not considered as security. Still another lien of great impor- tance is that of mechanics on the houses and ships they build or repair. It is of recent in- troduction, and depends almost wholly upon statutory provisions ; and these differ so much as to leave but little resemblance between them, except on the main point. They all agree in giving to the mechanic a hold on the ship or house as his security for his work upon it, and sometimes for materials supplied. To prevent this lien from operating injuriously upon owners or purchasers ignorant of it, the various statutes require public notice by record in some form, usually with the town or city clerk where the property is situated, or some similar officer whose records are easily acces- sible. In most, and perhaps all of the states where this lien is known, it remains in force but a short time, usually two or three months, unless an action is brought to enforce it. (For shipping and maritime liens, see SHIPPING.) LIERRE (Flem. Lier), a town of Belgium, on the Nethe, in the province and 10 m. S. E. of the city of Antwerp ; pop. in 1866, 15,043. It has a normal school, salt refineries, and manu- factories of oil cloth and cotton. LIESTAL, a town of Switzerland, capital of the half canton Basel Country, on the Ergolz, 8 m. S. E. of Basel ; pop. in 1870, 3,873. The most notable buildings are the Protestant par- ish church and the government hall. It has also a cantonal library, a museum, manufac- tories of gloves, tapestry, and paper, and sev- eral breweries. LIEUTENANT (Fr., from Lat. locum tenens, one holding the place, i. e., acting for another), a title applied to various representative officers, military and civil. In most armies the lieuten- ant is next in rank below a captain, in whose absence he commands the company. In the United States service this officer is called first lieutenant, a second lieutenant being subordi- nate to him. In the British service a lieutenant in the foot guards ranks with a captain in the army ; the second lieutenant is generally called ensign. In the United States navy a lieutenant ranks next below a lieutenant commander, who is subordinate to a commander. In both the American and the British service a lieutenant in the navy ranks with a captain in the army. The lieutenant colonel of a regiment is the sec- ond commissioned officer, immediately subor- dinate to the colonel. The lieutenant general in the United States is next in rank to the gen- eral, who, under the president, is commander- in-chief. This grade, conferred first on Wash- ington, expired by limitation at his death. It was revived by congress, Feb. 15,1855, and given to Gen. Winfield Scott as a brevet, but the act was so framed that the rank should not survive him. Congress again revived it by a law of March 1, 1864, when the rank was con- ferred on Gen. U. S. Grant. On the creation in his favor of the new grade of general, July 25, 1866, Gen. William T. Sherman be- came lieutenant general. When he became general, March 4, 1869, he was succeeded by Gen. Philip H. Sheridan. In the British ser- vice there are a number of lieutenant generals, who rank the same as in the American army. In French history, the lieutenant general du royaume is a person invested with the powers of regent in temporary emergencies. Thus, the count d'Artois (afterward Charles X.) took this title on entering France in 1814, and held it till the arrival of Louis XVIII. The duke of Orleans in 1830 was appointed to this office by the chamber of deputies, before he accepted the crown as Louis Philippe. The lord lieu- tenant of a county in England is a permanent provincial governor appointed by the sover- eign, whom he directly represents. He is at the head of the magistracy, the militia, and the yeomanry, and is responsible in cases of emer- gency for the preservation of the public tran- quillity. He has the power of appointing dep- uty lieutenants. The lord lieutenant of Ireland is the sovereign's viceroy or deputy, to whom the government of Ireland is intrusted. He is appointed under the great seal of the king- dom, and his tenure of office depends on that of the ministry of which he is a member. He is intrusted with great powers, but acts in all matters of importance under the direct con- trol of the cabinet of Great Britain.