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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1544   View pdf image (33K)
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1644

BALTIMORE CITY.

 

time, designate the amount which he claims to be due to him,
on each of such buildings, otherwise, such claim shall be post-
poned to other lien creditors, and the lien of such claimant shall
not extend beyond the amount so designated, as against other
creditors having Hens by judgment, mortgage, or otherwise.

The debt a
lien (or U
months
without
claims filed.

SEC. 13. And be it enacted, That every such debt shall be
a lien as aforesaid, until the expiration of six months after the
work shall have been finished, or materials furnished, although
no claim shall have been filed therefor, but such lien shall not
continue longer than the said period of six months, unless a
claim be filed as aforesaid, at or before the expiration of the
same period.

Proceedings
to recover
scire facias.

SEC. 14. And be it enacted, That the proceedings to recover
the amount of any claim as aforesaid, shall be by writ of scire
facias, in the following form, viz : Baltimore county, s. s. the
state of Maryland, to the sheriff of said county greeting ; whereas,
—— —— hath filed a claim in our court, for the county of Bal-
timore, against —— —— - for the sum of ——— , for (work
done, or materials furnished, as the case may be,) to or for a
certain building, to wit ; (describing it as in the claim ;) And
whereas, it is alleged that the said sum still remains due and
unpaid to the said —— —— now we command you, that we
make known to the said —— —— and to all such persons as
may hold, or occupy the said building, that they be and appear,
before the judges of our said court, at a court to be held at Bal-
timore city, on the —— day of ———— next, to shew if any
thing they know or have to say, why the said sum of ————
should not be levied of the said building, to the use of the said
———— , according to the form and effect of the act of assembly,
in such case made and provided, if to them it shall seem expe-
dient, and have you then and there this writ : witness.

Fifteen
days pre-
vious to
return day.

SEC. 15. And be it enacted, [That] Provided, that no such
scire facias shall in any case be issued, within fifteen days
previous to the return day of th^ next term.

Method of
serving ibe
writ.

SEC. 16. And be it enacted, That the writ of scire facias
aforesaid, shall be served in the same manner as a summons,
upon the defendant therein named, if he can be found within
the city, and a copy thereof shall also be left with some person
residing in the building, if occupied as a place of residence, but
if not so occupied, it shall be the duty of the sheriff to affix a
copy of such writ upon the cloor, or other front part of such
building.

Advertise-
ment
thereof.

SEC. 17. And be it enacted, That it shall also be the duty
of the sheriff, to whom any such writ of scire facias may be
directed, to give notice thereof to all other claimants and per-
sons interested, by advertisements in two daily newspapers
published in the city of Baltimore, at least ten days before the
return day of the writ.

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1544   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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