1458 MECHANICS' LIEN. [ART. 63

1904. art. 63. sec. 8. 1888, art. 63, sec. 8. 1860. art. 61, sec. 8.
1838, ch. 205, sec. 7.

8. If any proceedings shall be instituted to enforce any lien under
this article before the boundaries of the lot, land or curtilage which
ought to be appurtenant thereto shall be designated, it shall be lawful
for the court upon application to stay such proceedings until such desig-
nation shall be made and thereupon order the surveyor to ascertain and
report such boundaries as described in the preceding section.
See notes to sec. 5.

Ibid. sec. 9. 1888, art. 63, sec. 9. 1860, art. 61, sec. 9. 1845, ch. 287, sec. 7.

9. Where a building shall be erected by a lessee or tenant for life
or years of a farm or lot of ground or by an architect, builder, or other
person employed by such lessee or tenant the lien shall only apply to
,the extent of the interest of such lessee or tenant.

This section applied, where the land upon which the buildings were erected
had been leased for ninety-nine years renewable forever. Agreements to
lease; rights of bona fide purchasers for value. Hoffman v. McColgan, 81
Md. 394: Beehler v. Ijams, 72 Md. 195; Lenderking v. Rosenthal, 63 Md. 34;
Gable v. Preachers, etc.. Society, 59 Md. 458; Mills v. Matthews, 7 Md. 322.
And see Real Estate Co. v. Phillips, 90 Md. 526.
See sec. 15 and notes.

Ibid. sec. 10. 1888, art. 63, sec. 10. 1860, art. 61, sec. 10.
1845, ch. 287, sec. 7.

10. Where a building shall be erected on a lot of ground belonging
to a married woman by her husband or some person by him employed
the said lien shall not attach unless notice thereof be given to such
married woman in writing within sixty days after doing such work or
furnishing such materials, or both, as the case may be.

Unless the husband is proved to have been acting as the agent for the
wife and not as husband, the notice must be served personally on the wife;
service on the husband as the wife's agent under section 11, is sufficient,
however, where the agency is established. Conway v. Cook, 66 Md. 292;
Rimmey v. Getterman, 63 Md. 431; Jarden v. Pumphrey, 36 Md. 363.

If the notice required by this section is not given, the lien can not be
enforced. Frazee v. Frazee, 79 Md. 30.

The history and requirements of this section compared with those of
section 11. Notice held sufficient. Fulton v. Parlett, 104 Md. 67.

See notes to sec. 11.

Ibid. sec. 11. 1888, art. 63, sec. 11. 1860, art. 61. sec. 11. 1838. ch. 205.
sec. 9. 1845, ch. 176, sec. 1.

11. If the contract for furnishing such work or materials, or both,
shall have been made with any architect or builder or any other person
except the owner of the lot on which the building may be erected, or
his agent, the person so doing work or furnishing materials, or both,
shall not be entitled to a lien unless, within sixty days after furnishing
the same, he or his agent shall give notice in writing to such owner or
agent, if resident within the city or county, of his intention to claim
such lien.

Sufficiency, time and service of notice.

When the notice required may be given in sixty days from the last item
on the account, and when it must be given in sixty days from the time of