The several states of the United States are foreign to each other in this respect.
29. As to the order of precedence of these liens, see Dav. Dist. Ct. 199; Ware, Dist. Ct. 2d ed. 565 ; 2 Curt. C. C. 421. Admiralty for merly took jurisdiction of such liens, though not strictly maritime liens, 7 Pet. 324 ; 1 Wall. Jr. 358 ; 12 Bost. Law Rep. 183 ; but this jurisdiction is now questioned, 20 How. 393, if not denied. 21 it/. 4, 248.
Giving.credit will not be a waiver of a lien on a, foreign ship, unless so given as to be in consistent witb the exercise of the lien. 7 Pet. 324; 1 Sumn. C. C. 73 ; 5 Sandf. N. Y. 342.
Builders' lien may be placed on the com mon-law ground thqt a workman employing skill and labor on an artiele has a lien upon it, 2 Rose, 91 ; 4 Barnew. & Ald. 341 ; 1 W. Rob. Adm. 1 ; Wright, Ohio, 660; 4 Wheat. 438; 1 Stor. C. C. 68 ; and a lien for the purpose of finishing the ship, where payments are made by instalments. 1 Par sons, Mar. Law. 75; 5 Barnew. & Ald. 942.
30. Collision. In case of collision the injured vessel has a lien upon the one in fault for the damage done, 1 Notes of Cases, 508 ; 22 Eng. L. & Eq. 62 ; Crabb, 580 ; 10 Law Rep. 264 ; and the lien' lasts a reasonable time. 18 Bost. Law Rep. 91.
A part-owner, merely as such, has no lien whatever, but acquires such a lien when any of the elements of partnership or agency, with bailment upon which his hen may rest, enter into his relation with the other part owners. 1 Parsons, Mar. Law, 103.
A part-owner who has advanced more than his share towards building a vessel has no lien on her for such surplus, 6 Pick. Mass. 46, and none, it is said, for advances on account of a voyage. • 4 Pick. Mass. 456 ; 7 Bingh. 709.
That the relation of partners must exist to give the lien. 20 Johns. N. Y. 61 ; 4 B. Monr. Ky. 458 • 8 Barnew. & C. 612 ; Gilp. Dist. Ct. 467; '4 Johns. Ch. N. Y. 522 ; 6 Pick. Mass. 120 ; 5 Mann. & R. 25.
And part-owners of a ship may become partners for a particular venture. 1 Ves. Sen. Ch. 497 ; 3 Woodb. & M. C. C. 193 ; 10 Mo. 701 ; 9 Pick. Mass. 334. But see 14 Penn. St. 34.
31. The ship's husband, if a partner, has a partner's lien • if not, he may have a lien in the proceeds of' the voyage, 8 Barnew. & C.
612 ; 16 Conn. 12, 23; 3 Woodb. & M. C. C. 193; or of the ship herself, if sold, or on her documents, if any of these have come into his actual possession. And the lien applies to all disbursements and liabilities for the ship. But it is doubtful if his Mere office gives him a lien. 1 Parsons, Mar. Law, 100 ; 2 Curt.
C. C. 427; 2 Ves. & B, Ch. Ir. 242 ; Cowp. 469.
32. Deposit of a bill of lading gives a lien for the amount advanced on the strength of the security. 5 Taunt. 558; 2 Wash. C.
C. 283.
These liens of part-owners and by deposit of a bill of lading are not maritime liens, however, and could not be enforced in admi ralty. See COLLISION j SEAMEN'S WAGES; MARSHALLING OF ASSETS; MASTER; CAPTAIN; PaIVILEGE.
33. Statutory Lien. ITnder this head it is convenient to consider some of those liens which subsist at common law, hut have been extensively modified by statutory regulations, as well as those which subsist entirely Cy f.uce of statutory regulations.
The principal liens of this class are judg ment liens, and liens of material men and bu'lders.
Judgment Lien. At common law, a judg ment is a lieu upon real property from the time of its rendition. Metcalf's Yelv. 67 i; Sugden, Vend. 306, 446.
In Alabama, Georgia and Indiana, a judg ment is a lien ; in the latter state, for ten years. 28 Ala. N. s. 328 ; 9 Ind. 92 ; 4 McLean, C. C. 555 ; 19 Ga. 452.
34. In Arkansas, the lien commences on delivery of execution to the officer, 12 Ark. 421; 18 id. 414; and the lien extends to after acquired lands. 13 Ark. 74.
In, California, an appeal suspends the claim. 6 Cal. 130.
ln Florida, the lien attaches from the ren dition of the judgment. 6 Fla. 711.
In Kentucky, the lien commences by deli very of execution to the sheriff. 4 Pet. 336 ; 1 Dan. Ky. 360.
In Mississippi, the law is 'the same as in Kentucky. 27 Miss. 480. Liens attach in the order of enrolment of the judgments, 30 Miss. 580, and apply to property liable to executim and sale wily.. 23 Miss. 298.