LIEN. 219 LIEUTENANT. originally equitable in character, is now recog- nized and enforced by courts of law. ( 2 ) Equitable liens, or those enforced by a court of equitj' only, are in the nature of constructive trusts (see Trust) ; that is, the owner of prop- erty is compelled to ap]ily his property in cer- tain cases specifically to the payment of his debt. Kqnitable liens, unlike common-law liens, may be either upon real or personal property and do not depend on the possession by the lienor. Equit- able, like common-law liens, may arise by impli- cation of law. Thus the vendor of real estate who has given a deed of the property to the vendee has a lien to secure the payment of the purchase price; and the vendee who has paid the purchase price without securing a deed has a lien upon the land to secure the money so paid. Of like character are the reciprocal liens of partnership upon the partnership property, and the lien of lis pciHlcns (q.v.). Equitable liens arise more frequently from contract or agreement. An agreement for a lien or security which falls short of a legal mortgage or pledge will be en- forced in equity as between the parties and against tliird parties who are not purchasers for value. The rights of third parties with reference to equitable liens are now variously affected by statutes for the recording of lien and mortgage. See Recording Act.s. (.3) Liens in admiralty are similar to those in equity. Like the latter, they do not depend upon possession. They are enforced by means of a libel tiled in the admiralty court upon the vessel or property upon which the lien is claimed. See Adiiikalty Law : ^Iaritime Law. (4) Important liens also exist by virtue of statutes. One of the most beneficent of these is the lien given to mercliants and material men for work and materia! furnished for the erection of buildings, another is the judgment lien upon real property, and still another, the lien given to boarding-house keepers and innkeepers on the goods of their boarders for the amount of board furnished and unpaid for. Most statutory liens are acquired by filing a notice of the lien in the appro- priate office for similar records, usually the office of the county clerk: and they are enforced by judicial proceedings corresponding to foreclosure. Consult the authorities referred to tinder such titles as Carrier. Common; Inn, Innkeeper; Pleoge: Mortgage; and also consult: L.A..Jones, TrcnttKC on the Latr of fJens. Common Laic, Slat- vtoni. find Equitable {IH. ed., Boston, 1804) : Knee- land. Mechanics' Liens (3d ed., New York, 1893). LIEN, General. In English and American law. the right which a party has to retain a chattel as security for the payment, not only of the particular sum for which such article was jilcdged, but of any balance that may be due on general account in the same line of business. General liens do not exist at common law, but depend upon agreement, either express or im- plied, or upon the usage of trade. As a lien rests upon the right to retain possession, it is lost by abandonment of the possession of the goods. In Scotland, a similar right exists, under the title of retention. See Lien. LIENHARD UND GERTRUD, len'hart und gPr'trcKit. EiN Brcii fi'R pas Voek. An educa- tional novel, published by .Tnhann Tleinrich Pes- talozzi (q.v.) in 1781. emliodying his main educa- tional ideas. It excited great interest among all classes of readers and brought the author im- VOL. XII.— 16. mediate fame. The Government of Bern recog- nized his genius by presenting him willi a gold medal. Besides showing the author's educational views, the work is of considerable value to the student of history, as a realistic picture of the rural life of Switzerland at that time. LIER, ler, Adolf (1820-82). A German painter, born at Herrnhut, Saxony. He studied at Basel under SiifVert, and at Munich under Zinuncrmann. Afterwards he was with Jules Bupry in Paris for a year and at Isle-Adam. In 18li5 he went to London. I'pon his return he taught at Jlunich from ISfiO to 1873. and became the head of a school of landscape painters which has had considerable influence on German art. His subjects arc usually storms or evening effects : "The Oise by Moonlight" (1807, Dresden Gal- lery); "Evening on the Isar" (1877, National Gallery, Berlin) ; "Harvest in Ipper Bavaria" (Leipzig Museum); and "Thcrcsienwiese zu Miinchen" (1882, New Pinakothek, Munich). LIEBNE (lyarn) RIB (Fr., perhaps for lieniie. warp-thread uncrossed by the woof, from Her. from Lat. Ii(jare, to bind). A minor rib in Gothic vaulting used rather for decorative than constructive purposes. It was most generally used in England. ^here the name is applied to all but the diagonal, transverse and wall ribs; but in France, where the use of all minor ribs came much later and less generally, such minor ribs when they spring from the piers are called tierceron ribs. The vaulting in which they are used is called lierne vaulting. LIERRE, lyar (Flem. Lier) . A town of Bel- gium, in the Province of Antwerp, 8 miles by rail southeast of the city of Antwerp, at the con- fluence of the Great and Little Nethe (ilap: Belgium, C 3). Its Church of Saint Goniniarius, built in 1425-1557, is a fine late Gothic building. It contains a number of excellent paintings, in- cluding two by Rubens. Lierre manufactures silk, lace, sugar, shoes, etc. Population, in 1890, 20,133: in lltOO. 22.654. LIEUTENANT (OF., Fr. licufenanf. It. luor/otcncnte, from ML. locum tenens, one who holds another's place, from Lat. locus, place, and lenere. to hold). A subaltern military rank. In the LInited States a military cadet on appoint- ment to the army receives the grade of second lieutenant, becoming first lieutenant in tlie order of seniority as v.acancies occur. In the British service .second lieutenants are appointed lieuten- ants in their regiments or corps as vacancies occur. The number of lieutenants per company varies in manv European armies, but the general average is two or three to each captain or com- pany. The duties of a lieutenant the world over are to assist the captain under whom he serves, and to siipcrvise the routine details connected with the interior economy of his corps or regi- ment, as officer of the guard, officer of the day, orderly officer, etc. On active service he would usuallv have command of exaniinins guards, patrols, and pickets. In the United States Army it frequently happens that, owing to the scattered posts and detachments, the first lieu- tenant is virtually the company commander, and exercises all the fimctions and pi-rforms all the duties incident to the rank of captain. Lieitenant, Naval. .'
officer of the LTnited
States Navv. above the rank of ensisrn and below that of lieutenant-coininander. There are two
