1470 MECHANICS' LIEN. [ART. 63

The lien claim can not be amended in the court of appeals. Baker v.
Winter, 15 Md. 10.

This section does not dispense with the forms of pleading. Kees v. Kerney.
5 Md. 422.

Cited but not construed in Wehr v. Shryock, 55 Md. 338.

1904, art. 63, sec. 42. 1888, art. 63, sec. 42. 1860 art. 61, sec. 42.
1838, ch. 205, sec. 26.

42. Nothing contained in this article shall be construed to affect the
right of any person to whom any debt may be due for work done or
materials furnished to maintain any personal action against the owner
of the building or any other person liable therefor.

This section followed. McLaughlin v. Reinhart, 54 Md. 80; Sodini v.
Winter, 32 Md. 134.

Boats and Vessels.

Ibid. sec. 43. 1888, art. 63, sec. 44. 1860, art. 61, sec. 44. 1856, ch. 294,
sec. 1. 1865, ch. 190.

43. All boats or vessels of any kind whatsoever used or intended to
be used on the waters of the Chesapeake bay and its tributaries, the
Chesapeake and Ohio canal, and other waters of this State, as carriers
of freight or passengers, and all other boats or vessels belonging in this
State shall be subject to a lien and bound for the payment thereof as
preferred debts for all debts due to boat builders, mechanics, merchants,
farmers or other persons, from the owners, masters or captains, or other
agents of such boats or vessels for materials furnished or work done in
the building, repairing or equipping the same.

This section referred to in construing section 47—see notes thereto. The
D. B. Steelman, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.
Cited but not construed in Lucas v. Taylor, 105 Md. 103.
See sections 1 and 22 and notes.

Ibid. sec. 44. 1888, art. 63, sec. 45. 1860, art. 61, sec. 45.
1856, ch. 294, sec. 1. 1865, ch. 190. 1900, ch. 28.

44. No person shall be entitled to a lien under the preceding section
unless he shall, within six months from the commencement of the build-
ing, repairing, equipping or refitting of such boat or vessel, deliver to
the clerk of the circuit court for the county where the building, repair-
ing, equipping or refitting was done, or the clerk of the superior court
of Baltimore city, if done in the city of Baltimore, an account or state-
ment verified by the oath of the claimant taken and subscribed before
some justice of the peace or other officer authorized to administer an
oath, setting forth the names of the claimant and debtor; and, if the debt
was not contracted by the owner but by his agent, the name of such
agent, the name or other certain description of the boat or vessel and
the place where built, repaired, equipped or refitted and the particulars
or items of the claim or debt; and which account or statement shall be
re-delivered by such clerk to the party filing the same after it has been
recorded as provided in section 45.