1456 MECHANICS'1 LIEN". [ART. 63

Treusch v. Shryock, 51 Md. 172; Blake v. Pitcher, 46 Md. 465; Sodini v.
Winter, 32 Md. 133.

In Baltimore county, where a contractor temporarily abandons work and
the owner takes the work up but subsequently the contractor resumes
charge, a contract with the owner as to materials furnished subsequent to
such resumption by the contractor, was held not to be established by the
evidence, and the lien was held invalid. Carroll v. Waters, 108 Md. 420
(decided prior to the act of 1910, ch. 52).

For a case involving the enforcement of a lien by sureties who guaranteed
against liens, see German, etc., Church v. Helse, 44 Md. 476. See also,
Pinning v. Skipper, 71 Md. 351.

For a case holding that the act of 1838, ch. 205, was sufficiently Identified,
although referred to as the act of 1839, and also dealing with the act of
1845, ch. 176, see Pue v. Hetzell, 16 Md. 549.

Quaere, whether there can be a lien on a building and adjacent land, for
bricks furnished for a pavement around the building Watts v. Whittington,
48 Md. 357.

Cited but not construed in Wilson v. Jones, 46 Md. 358.

As to mechanics' liens on machines, etc.. see sec. 22; as to boats, see
sec. 43.

See notes to sections 11 and 23

1904, art. 63, sec. 2. 1888, art. 63, sec. 2. 1860. art. 61, sec. 2. 1845, ch. 287, sec. 3.

2. In all cases in which a building shall be commenced and not
finished the lien shall attach thereto to the extent of the work done or
materials furnished.

Cited but not construed in McLaughlin v. Reinhart, 54 Md. 76.

See notes to sections 1 and 15.

Ibid. sec. 3. 1888, art. 63, sec. 3. 1860, art. 61, sec. 3. 1845. ch. 287, sec. 5.

3. No person having such lien shall be considered as waiving the
same by granting a credit or receiving notes or other securities, unless
the same be received as payment or the lien be expressly waived, but
the sole effect thereof shall be to prevent the institution of any pro-
ceedings to enforce said lien until the expiration of the time agreed
upon.

Mortgage and contract held not to amount to a waiver of lien. What will
amount to a waiver? Maryland Brick Co. v. Spilman, 76 Md. 344; McLaugh-
lin v. Reinhart, 54 Md. 76; Sodini v. Winter, 32 Md. 134.

The application of the last clause of this section is not limited to the
party with whom the contract for the credit is made. Fraud (in obtaining
the credit), held not to be established. Thomas v. Turner, 16 Md. 110.

Lien held to be waived by a special contract. Pinning v. Skipper, 71 Md.
348; Willison v. Douglas, 66 Md. 101.

Lien held to be waived, or that the claimant was estopped to claim priority.
Goldman v. Brinton. 90 Md. 264.

This section applied. Blake v. Pitcher. 46 Md. 407; Thomas v. Turner, 16
Md. 110.

Ibid. sec. 4. 1888. art. 63, sec. 4. 1860, art. 61, sec. 4. 1838, ch. 205, sec. 2.

4. The said lien shall extend to the ground covered by such building
and to so much other ground immediately adjacent thereto and belong-
ing in like manner to the owner of such building as may be necessary
for the ordinary and useful purposes of such building, the quantity and
boundaries whereof shall be designated in the following manner.

A lien for the erection of buildings for a school, held to be restricted to
the farm tract on which such buildings were located, and not to extend to