ART. 61.] MECHANICS' LIEN. 411

32. Any other person upon the return of the writ having filed
a claim as aforesaid, may cause to be entered upon the record
of the same suit a suggestion setting forth the amount and nature
of his demand, and may have a rule upon the defendant to appear
and plead thereto as in other actions.

33. If the defendant shall appear and plead to such suggestion,
and issue either in law or fact be joined upon any plea, such
particular issue shall be tried and determined as in other cases.

34. If the defendant shall not after due notice appear and
plead to the suggestion, judgment shall be entered for the claim-
ant filing the petition, and the amount of the claim shall be
ascertained as in other cases.

35. Every judgment rendered on a scire facias under this article

may be enforced by execution, as other judgment.

36. If the proceeds of such building and ground shall not be

sufficient to pay the full amount of all debts due as aforesaid for

work done and materials furnished, after deducting therefrom

any prior liens on the same, then such debts shall be averaged,

and the said creditors shall be paid in proportion to their respect-

ive demands.

37. In any case in which a claim shall be filed as aforesaid
against any building, and no scire facias shall have issued thereon,
any person interested in such building may apply by petition to
the Superior Court of Baltimore city, or the Circuit Court for
the county, as the case may be, setting forth the facts, where-
upon said court may grant a rule upon the claimant and others

interested to appear in court by a given day, and on return of
such rule may proceed in the same manner as if a scire facias
had been issued and returned.

38. The lien of every such debt for which a claim may have
been filed as aforesaid shall expire at the end of five years from
the day on which it was filed, unless the same shall be revived
by scire facias in the manner provided by law in the case of
judgments, in which case such lien shall continue in like manner
for another period of five years, and so on from one such period
to another, unless such lien be satisfied or extinguished by a sale,
or otherwise according to law.