In all the States and Canada it is the object of the law to protect the mechanic and laboring man and also the merchant. Hence there are laws in the several States for this purpose. While the general trend is the same, the laws vary in details. It is not difficult to procure a copy of the laws, which every builder and householder should do. Any contractor, sub-contractor or laborer who performs any work, or furnishes any materials, in pursuance of, or in conformity with, any agreement or contract with the owner, lessee, agent or one in possession of the property, toward the erection, altering, improving or repairing of any building, shall have a lien for the value of such labor or materials on the building or land on which it stands to the extent of the right, title and interest of the owner, lessee or person in possession at the time. of the claimant's filing his notice with the Clerk of the County Court. Such lien is called a mechanic's lien.
The notice should be filed within thirty days after completion of the' work or the furnishing of the materials, and should state the residence of the claimant, the amount claimed, from whom due, when due, and to whom due, the name of the person against whom claimed, the name of the owner, lessee or person in possession of the premises, with a brief description of the latter. 108
Liens cease in one year after the filing of the notice, unless an action is begun, or the lien is continued by an order of Court.
The following classes of persons are generally entitled to lien : 1. Bailees, who may perform labor and services, on the thing bailed, at the request of the bailor. 2. Innkeepers, upon the baggage of guests they have accommodated. 3. Common carriers, upon goods carried, for the amount of their freight and disbursements. 4. Vendors, on the goods sold for payment of the price where no credit has been expressly promised or implied. 5. Agents, upon goods of their principals, for advancements for the benefit of the latter. 6. All persons are entitled to the right of lien who are compelled by law to receive property and bestow labor or expense on the same.
The right of lien may be waived : 1. By express contract. 2. By neglect. 3. By new agreement. 4. By allowing change of possession. 5. By surrendering possession.
The manner of the enforcement of a lien, whether it be an innkeeper's, agent's, carrier's, factor's, etc., depends wholly upon the nature and character of the lien.
Perishable property on which a lien is held may be sold, and the lien attaches to the proceeds.
Liens take precedence according to priority, and interest on a judgment on a prior lien must also be satisfied before a subsequent lien may be realized upon.
A title may be entered, but the copyright covers the book and not the title. A title alone cannot be copyrighted; it can be protected solely as a trade mark. What is a copyrighted manuscript ? Copyright pertains to a published book only. So long as a book is in manuscript it is protected by a common law of property ; no one can print it without authority unless he steals it. It is when a book is published that the copyright law steps in to protect it. Every day we have evidence that authors have wrong notions of copyright; they make a point of having obtained copyright as if it were something difficult - like a patent - and think they have in some way secured their book and their title by entering the latter.