ART. 63] MECHANICS' LIEN. 747

ARTICLE LXIII

MECHANICS' LIEN.

Jewelers.

53. Lien of jewelers and silversmiths; sale.
1.

The right to a mechanics' lieu is not a vested one, but is a remedy only,
created by statute; the right to the lien depends entirely upon the statute, .
and the party seeking the remedy must come within the provisions of the
statute. Maryland Casualty Co. v. Lacios, 121 Md. 690.

In Baltimore City there is a mechanics' lien only for labor and not for
materials. Where an indivisible building contract Includes labor and
materials, there is in Baltimore City no lien for either. Punctuation is
not an essential part of an act; the act of 1910, chapter 52, interpreted.
Dunn v. Brager, 116 Md. 244. And see Dipaula v. Green, 116 Md. 494.

There being no lien for materials in Baltimore City, an agreement to
pay a claim provided no lien (for materials) be filed, is void because it
has no consideration. Dipaula v. Green, 116 Md. 494.

The act of 1910, chapter 52 (p. 564), was validly passed and is constitu-
tional. Baltimore Warehouse Co. v. Canton Lumber Co., 118 Md. 138.

To the second note to this section under the heading "Act 1898, Ch. 502,"
on page 1455 of volume 2 of the Annotated Code, add the case of Md.
Casualty Co. v. Lacios, 121 Md. 688.

As to liens of the owners of stallions, see article 27, sections 198 and 199.

3.

While the mere acceptance of a note and its transfer by the claimant is
not a waiver of his lien, if the endorsee, when the note comes due with
the knowledge and assent of the claimant, accepts a new note from the
maker without the claimant's endorsement, and so disposes of the new
note that it is beyond the control of the claimant and cannot be produced
or accounted for by him, the inference arises that the note was regarded
as a payment and that the claimant waived his lien. Wix v. Bowling, 120
Md. 273.

1.

A material-man may not keep alive or revive his right to a lien by fur-
nishing materials outside of, and in addition to, those contemplated by a
contract, or under a separate contract, after the first contract has been
performed. Brunt v. Farinholt Co., 121 Md. 132.

To the first note to this section on page 1458-1459 of volume 2 of the
Annotated Code, add the case of Brunt v. Farinholt Co., 121 Md. 130.

Cited but not construed in Maryland Casualty Co. v. Lacios, 121 Md. 688.

15.

When a mechanics' lien attaches prior to a judgment, the former is the
superior claim and a purchaser under a sci. fa. to enforce the judgment
takes subject to the mechanics' lien. Held that the validity of the mechan-
ics' lien claim was established for the purposes of the decree and that it
was not subject to an attack in a proceeding of the character of the case
at bar upon the grounds alleged in the bill by one holding a lien like that
of the appellee. Long Contracting Co. v. Albert, 116 Md. 115.