1472 MECHANICS' LIEN. [ART. 63

such mortgage. Section 15 has 110 application. The Marcelia Ann, 34
Fed. 143.

Sections 43 to 47 abrogate the maritime Hen for materials furnished in
Maryland for building, repairing, etc., a vessel; a lien secured under said
sections is subordinate to a claim secured by a prior mortgage. The D. B.
Steelman. 48 Fed. 583.

See sec. 15 and notes.

1904, art. 63, sec. 48. 1888, art 63. sec. 49. 1860, art. 61, sec. 49.
1856, ch. 294, sec. 4.

48. The claimant under such lien on any boat or vessel may, at
any time after his claim has been filed as aforesaid within the period
to which he is entitled to the benefit of his lien, sue out of the court in
which his claim is filed a writ of scire facias directed to the sheriff of
the county or city, and returnable to the next ensuing court that shall
sit within twenty days after the issuing of the writ.
See sec. 24, et seq.

Ibid. sec. 49. 1888. art. 63, sec. 50. 1860, art. 61, sec. 50.
1856, ch. 294, sec. 4.

49. The sheriff shall immediately serve such writ on the owner or
his agent, if the agent have charge of the boat or vessel, or, if neither
can be found within his bailiwick, shall set up a copy of the writ, or
a short notice containing the substance thereof, at the postoffice nearest
to the place where such boat was built and shall also cause a copy to be
published once in each of two consecutive weeks in some newspaper
having general circulation in said county or city.

See sec. 28.

Ibid. sec. 50. 1888, art. 63, sec. 51. 1860, art. 61, sec. 51.
1S56. ch. 294. sec. 4.

50. Upon the return of the writ endorsed "summoned" by the
sheriff, or where the owner or his agent can not be found upon its
return with the sheriff's and printer's certificates showing that a copy
was set up at the nearest postoffice, and also published as directed in
the preceding section, if the owner or his agent do not appear, judg-
ment shall be rendered for the principal and interest of the claim and

costs.

See sections 32 and 34.

Ibid. sec. 51. 1888, art. 63. sec. 52. 1860. art. 61, sec. 52.
1856, ch. 294, sec. 4.

51. If the owner shall appear on the return of the writ he may,
with consent of the claimant, submit the case upon the evidence to the
court, or either party may demand a trial by jury, which shall be had
at the term to which the writ is returnable, unless for good cause the
court shall continue the cause.

Ibid. sec. 52. 1888, art. 63, sec. 53. 1860, art. 61. sec. 53.
1856, ch. 294, sec. 4.

52. The judgment rendered in such scire facias may be enforced
as other judgments and the sheriff shall deposit the money made
thereon with the clerk of the court to be disbursed under the order of
the court among the parties entitled to the same.
See sec. 35.