MECHANICS' LIEN. 2141

at length upon the record book hereinafter mentioned and if approved by
the court shall be conclusive upon all persons concerned.

Where a petition is filed under sec. 6 as a part of a pending lien case, and sur-
veyor's report is not acted on until final decree in such case, the report may be
reviewed on appeal. This section and word " designed " as used therein, construed.
Filston Farm Co. v. Henderson, 106 Md. 372.

Cited but not construed in Fulton v. Parlett, 104 Md. 70; Nioolai v. Baltimore,
100 Md. 585.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1838, ch. 205, sec. 7.

8. If any proceedings shall be instituted to enforce any lien under
this article before the boundaries of the lot, land or curtilage which ought
to be appurtenant thereto shall be designated, it shall be lawful for the
court upon application to stay such proceedings until such designation
shall be made and thereupon order the surveyor to ascertain and report
such boundaries as described in the preceding section.
See notes to sec. 5.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1845, ch. 287, sec. 7.

9. Where a building shall be erected by a lessee or tenant for life or
years of a farm or lot of ground or by an architect, builder, or other person
employed by such lessee or tenant the lien shall only apply to the extent
of the interest of such lessee or tenant.

This section applied, where land upon which buildings were erected had been
leased for ninety-nine years renewable forever. Agreements to lease; rights of
bona fide purchasers for value. Hoffman v. McCoIgan, 81 Md. 394; Beehler v.
Ijams, 72 Md. 195; Lenderking v. Rosenthal, 63 Md. 34; Gable v. Preachers, etc.,
Society, 59 Md. 458; Mills v. Matthews, 7 Md. 322. And see Real Estate Co. v.
Phillips, 90 Md. 526.
See sec. 15 and notes.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1845, ch. 287, sec. 7.

10. Where a building shall be erected on a lot of ground belonging
to a married woman by her husband or some person by him employed
the said lien shall not attach unless notice thereof be given to such married
woman in writing within sixty days after doing such work or furnishing
such materials, or both, as the case may be.

Unless the husband is proved to have been acting as agent for wife and not as
husband, the notice must be served personally on wife; service on husband as
wife's agent under sec. 11 is sufficient, however, where agency is established. Conway
v. Cook, 66 Md. 292; Rimmey v. Getterman, 63 Md. 431; Jarden v. Pumphrey,
36 Md. 363.

If the notice required by this section is not given, the lien cannot be enforced.
Frazee v. Frazee, 79 Md. 30.

The history and requirements of this section compared with those of sec. 11.
Notice held sufficient. Fulton v. Parlett, 104 Md. 67.

See notes to sec. 11.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1838, ch. 205, sec. 9. 1845, ch. 176, sec. 1.

11. If the contract for furnishing such work or materials, or both,
shall have been made with any architect or builder or any other person
except the owner of the lot on which the building may be erected, or his
agent, the person so doing work or furnishing materials, or both, shall not
be entitled to a lien unless, within sixty days after furnishing the same,