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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1460   View pdf image (33K)
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1460 MECHANICS' LIEN. [ART. 63

witness and within sixty days, place said notice upon the door or other
front part of said building and shall file a claim with the clerk of the
circuit court for the county or the superior court of Baltimore city, as
the case may be, as hereinafter mentioned.

This section does not give the claimant an option, but can only be availed
of when it is proven that the notice required by section 11, is impracticable.
Held that claimant was not entitled to resort to this section. Hill v. Kauf-
man, 98 Md. 251; Hensel v. Johnson, 94 Md. 735; Kenly v. Sisters of
Charity, 63 Md. 309.

The notice prescribed by this section should be addressed to the person
for whom it Is intended, the owner or his agent, naming him. Hensel v.
Johnson, 94 Md. 736; Kenly v. Sisters of Charity, 63 Md. 310.

1904, art. 63, sec. 13. 1888, art. 63, sec. 13. 1860, art 61. sec. 13.
1845, ch. 287, sec. 8.

13. In all cases in which a contractor or builder of a house shall
have purchased materials or contracted for work and the party with
whom such contract was made shall have given notice as required in
the two preceding sections to the owner of such building, it shall be
lawful for the owner to retain from the cost of such building the
amount which he may ascertain to be due to the party giving such
notice; and in case any lien be laid by the party giving such notice
and be also laid by the contractor or builder, the said contractor or
builder shall receive only the difference between the amount due him
and that due the person giving the notice.

The notice required by section 11, is in order to enable the owner to
comply with this section. Fulton v. Parlett, 104 Md. 66. And see Greenway
v. Turner, 4 Md. 304.

This section referred to in determining the sufficiency of a notice under
section 11. Thomas v. Barber, 10 Md, 391.

Ibid. sec. 14. 1888, art. 63, sec. 14. 1860, art. 61, sec. 14.
1845, ch. 176, sec. 5.

14. Any person furnishing work or materials, or both, and com-
plying with the provisions of this article shall be entitled to the lien
hereby given without regard to the amount of his claim.

Under this section and in the light of section 24, the fact that the
plaintiff's claim is less than twenty dollars, is immaterial. Watts v.
Whittlngton, 48 Md. 357.

Ibid. sec. 15. 1888, art. 63, sec. 15. 1860, art. 61, sec. 15. 1838, ch. 205,
sec. 9. 1845, ch. 287, sec. 7.

15. The lien hereby given shall be preferred to all mortgages, judg-
ments, liens and encumbrances which attach upon the said building or
the grounds covered thereby subsequently to the commencement thereof;
and all the mortgages and liens other than liens which have attached
thereto prior to the. commencement of the said building and which by
the laws of this State are required to be recorded shall be postponed
to said lien, unless recorded prior to the commencement of said building.
This section has no application to deeds, and where a deed creating a
lease for ninety-nine years, renewable forever, is executed prior to the com-
mencement of a building, although recorded thereafter, the mechanics' lieu
attaches only to the leasehold interest. Rights of bona fide purchaser of
reversion. Beehler v. Ijams. 72 Md. 196. Cf. Miller v. Barroll, 14 Md. 183

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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