2150 ARTICLE 63.
county shall publish the said notice in two newspapers published in such
county, if there be two, and if not, in such newspaper as may be there
published, and if none, in such newspaper or newspapers as he may think
proper, the first of said publications to be inserted at least three weeks
before the return day of the writ and the expense of publication not to
exceed ten dollars.
Cited but not construed in Plummer v. Eckenrode, 50 Md. 233; Thomas v.
Barber, 10 Md. 389.
See notes to sec. 28.
An. Code, sec. 30. 1904, sec. 30. 1888, sec. 30. 1845, ch. 287, sec. 11.
30. In all cases where one claim has been filed by one person for work
done or materials furnished, or both, for distinct buildings, it shall be law-
ful to issue one writ of scire facias to recover the same, which writ shall
specify the amount claimed on each; and any party in interest upon the re-
turn of said writ may apply for and have as many cases docketed as there
are houses proceeded against, and separate judgments shall be entered
against each house and the same proceedings shall be had as if separate
liens had been filed.
Where a claim is filed for separate amounts against two different buildings, the two
sums should not be blended in the writ and a lien for the whole claimed on each
building. Plummer v. Eckenrode, 50 Md. 234.
Application under latter portion of this section must be made "on the return of
the writ," otherwise it will be too late. Wilson v. Merryman, 48 Md. 340.
This section applied. McLaughlin v. Reinhart, 54 Md. 81.
See sec. 21.
An. Code, sec. 31. 1904, sec. 31. 1888, sec. 31. 1845, ch. 287, sec. 12.
31. Upon the return of the writ any person having or claiming to have
any interest in any building proceeded against may, upon petition, be
authorized to appear and be made a party defendant, and upon so doing
he shall become liable for costs.
An. Code, sec. 32. 1904, sec. 32. 1888, sec. 32. 1838, ch. 205, sec. 18.
32. Upon the return of the writ any other person having filed a claim
as aforesaid may cause to be entered upon the record of the same suit a
suggestion setting forth the amount and nature of his demand and may
have a rule upon the defendant to appear and plead thereto as in other
actions.
An. Code, sec. 33. 1904, sec. 33. 1888, sec. 33. 1838, ch. 205, sec. 19.
33. If the defendant shall appear and plead to such suggestion and
issue either in law or fact be joined upon any plea, such particular issue
shall be tried and determined as in other cases.
If sec. 19 is complied with, no bill of particulars can be demanded. If it is not
complied with and proceedings are taken by scire facias, the proper practice is to
move to quash writ. Wilson v. Merryman, 48 Md. 337. See also Baker v. Winter,
15 Md. 7.
Sec. 41 does not dispense with the forms of pleading. Pleas should notify the
plaintiff of the grounds of defense. Kees v. Kemey, 5 Md. 422.
For a defective plea of set-off to a sci. fa. to enforce a mechanics' lien, see Dilley
v. Roman, 17 Md. 341.
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