LIEN OF MECHANICS AND OTHERS.

1645

SEC. 18. And be it enacted, That upon the return of such
writ, it shall be lawful for any other person, having filed a claim
as aforesaid, to cause to be entered on the record of the same

On return
of writ.

suit, a suggestion, setting forth the amount and nature of his
demand, and thereupon he may have a rule upon the defendant}
to appear and plead thereto as in other actions.

Other
claimants
may suggest

SEC. 19. And be it enacted, That if the defendant shall ap-
pear and plead to such suggestion, and issue, either in fact or
law, be joined upon any plea, such particular issue shall be
tried and determined as in other cases ; if the defendant shall
not plead to such suggestion, after due notice, judgment shall
be entered for the claimant filing the same, and the amount of
the claim shall be ascertained as in other cases.

Defendant
shall appear
to such
suggestion.
Trial.
If failing to
plead.
1 Judgment,
&c.

SEC. 20. And be it enacted, That the execution for every
judgment shall be by a writ of levari facias, in the following
form : Baltimore County, to wit, ss. The state of Maryland, to
the sheriff of said county, greeting : We command you, that
without any other writ from us, of the following described
building and lot of ground, of A. B. to wit: (describing the
same according to the record,) in your bailiwick, you cause to
be levied, as well a certain debt of —— which C. D. lately in
our court, for the county aforesaid, by the consideration of the
said court, recovered of the said A. B. to be levied of the said
building and lot of ground, as also the interest thereon from the
—— day of —— , also, the further sum of —— , amounting in
the whole to the sum of —— , and also the sum of —— for the
costs which accrued thereon, according to the form and effect of
the acts of assembly in such case made and provided, and have
you these moneys before our judges, at our county court, in the
county aforesaid, there to be held on the —— day of —— next,
to render unto the said C. D. for this debt, interest and costs
aforesaid, and have you then and there this writ, &c.

Writ of
levari facia*

SEC. 21. And be it enacted, 'That, provided;* that if the pro-
ceeds of such building and ground as aforesaid, shall not be
sufficient to pay the full amount of all debts due as aforesaid)
for work done, and materials furnished, after deducting there*

Case pro-
ceedings be
not suffi-
cient.

from any prior liens upon the same, then such debts shall be
averaged, and the creditors aforesaid shall be paid in proportion
to their respective demands.

Averaged in
proportion.

SEC. 22. And be it enacted, That in every case in which any
claim shall be filed against any building as aforesaid, and no

Case of
claim filed.

scire facias shall have issued thereon, it shall be lawful for the
owner of such building, or any person interested therein, to
apply by petition to the court in which such claim shall be
filed, setting forth the facts, whereupon such court may grant a
rule upon the party claimant, and others interested, to appear in
court at a time to be fixed for such purpose, and on the return
194

No scire
facias
issued.
Petition to
court
Rule
granted.