MECHANICS' LIEN. 2149

For case involving enforcement of a lien by sureties, who guaranteed against liens,
see German, etc., Church v. Heise, 44 Md. 476. See also Pinning v. Skipper, 71 Md.
351.

Cited but not construed in Ortwine v. Caskey, 43 Md. 136.

See notes to sec. 15.

An. Code, sec. 26. 1904, sec. 26. 1888, sec. 26. 1838, ch. 205, sec. 14.

26. If the proceeding to enforce such lien is by scire facias, the scire
facias shall recite the filing of the claim with the name of the owner of
the property to be affected by the lien, the name of the claimant and the
amount of claim and the date of filing the same, with the usual clause of
scire facias to the persons to be affected by such writ.

Where a claim is filed for separate amounts against two different buildings, two
sums should not be blended in writ and a lien for whole claimed on each building.
Plummer v. Eckenrode, 50 Md. 234.

An action under this section is not a suit for debt or damage, but a proceeding
in rem. Miller v. Barroll, 14 Md. 184. And see Shyrock v, Hensel, 95 Md. 626.

The sci. fa. notifies the defendant and gives him an opportunity of showing cause
against enforcing the lien. Kees v. Kerney, 5 Md. 422.

An. Code, sec. 27. 1904, sec. 27. 1888, sec. 27. 1838, ch. 205, sec. 15. 1845, ch. 287, sec. 10.

27. No scire facias on such claim shall be issued in the city of Balti-
more within fifteen days nor in any county within thirty days from the
return day of such writ.

An. Code, sec. 28. 1904, sec. 28. 1888, sec. 28. 1838, ch. 205, sec. 17.

28. The said writ shall be served in the same manner as other writs
of scire facias upon the defendant therein named, if he can be found
within the city or county, and a copy thereof shall be left with some person
residing in the building, but if not occupied as a residence the sheriff shall
affix a copy thereof upon the door or other front part of such building.

Where the sci. fa. is issued against certain parties only, and notice required by
sec. 29 is not given, judgments recovered cannot affect rights of third persons having
liens. McKim v. Mason, 3 Md. Ch. 210.

This section must be strictly complied with by the sheriff, and his return must
show a full compliance. Plummer v. Eckenrode, 50 Md. 232.

An. Code, sec. 29. 1904, sec. 29. 1888, sec. 29. 1838, ch. 205, sec. 17. 1845, ch. 287, sec. 9.

29. The sheriff shall also give notice thereof to all other claimants and
persons interested by advertisement, specifying in such notice the name
of the claimant or person filing the lien, the name of the owner or supposed
owner of the building and the name of the contractor, if any, at whose
instance the work was done or materials furnished, the amount claimed to
be due, the locality of the building against which the lien has been filed,
such as a building fronting on a named street in the city of Baltimore, or
a building situated on a farm in a named county occupied by a named per-
son, or such general description of locality as may appear to the said
sheriff to be sufficient, and the sheriff of Baltimore city, when the writ is
directed to him, shall publish the said notice in two daily newspapers pub-
lished in the city of Baltimore, the first notice to be published at least
ten days before the return day of the writ and shall continue the same once
or twice or thrice a week as he may think proper, the expense of publica-
tion in each newspaper not to exceed five dollars, and the sheriff of any