1463 MECHANICS' LIEN. [ART. 63

1904, art 63, sec. 35. 1888, art. 63, sec. 35. 1860, art. 61, sec. 35. 1838, ch. 205,

sec. 20. 1886, ch. 228.

35. Every judgment rendered on a scire facias under, this article
may be enforced by execution or otherwise, as other judgments are; but
after a scire facias has been issued and returned, the failure of the lienor
to prosecute the same with effect shall entitle the defendant therein to
his costs and a judgment discharging the lien claimed, unless the court
for good cause shown shall permit the plaintiff in such scire facias to
dismiss the same without prejudice to the further assertion of his lien;
and in granting such permission, the court may impose such conditions
on the plaintiff as it may deem proper; and whatever judgment may be
entered on any scire facias shall be noted on the record of such claim in
the clerk's office of said court.

Ibid. sec. 36. 1888, art. 63, sec. 36. 1860, art. 61, sec. 36.
1838, ch. 205, sec. 21.

36. If the proceeds of such building and ground shall not be suffi-
cient 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 respective demands.
As to prior liens, see sec. 15.

Ibid. sec. 37. 1888, art. 63, sec. 37. 1860, art. 61, sec. 37. 183S, ch. 205,
sec. 22. 1886, ch. 228.

37. In any case in which a lien claim shall have been filed against
any building and in which no proceedings towards enforcing the same
are pending, the superior court of Baltimore city or the circuit court
for the county, as the case may be, may, on the motion or petition of
any person interested in the property affected, require the lien claimant
to appear in court by a given day and proceed to the trial and final dis-
position of the issues involved in such claim in the same manner as if a
scire facias had been issued and returned at his instance and under the
same penalties as to defaults as are provided in section 35 of this article.
For a petition filed under this section, see Miller v. Barroll, 14 Md. 182.

Ibid. sec. 38. 1888, art. 63, sec. 38. 1800, art. 61, sec. 38. 1838, ch. 205,
sec. 23. 1841, ch. 76, sec. 15.

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.

Under this section, the sci. fa. must issue within the five years; the lien
compared with a judgment. Blocher v. Worthington, 10 Md. 4. And see
Lucas v. Taylor, 105 Md. 112.
See sec. 46 and note.