MECHANICS' LIEN. 2151

An. Code, sec. 34. 1904, sec. 34. 1888, sec. 34. 1838, ch. 205, sec. 19.
34. If the defendant shall not, after due notice, appear and plead to
the suggestion, judgment shall be entered for the claimant filing the peti-
tion and the amount of the claim shall be ascertained as in other cases.

How judgment for the claimant should be entered. Plummer v. Eckenrode,
50 Md. 234.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 35. 1838, ch. 205, sec. 20. 1886, ch. 228

35. Every judgment rendered on a scire facias under this article may
be enforced by execution or otherwise, as other judgments are; but after
a scire facias has been issued and returned, the failure of the lienor to
prosecute the same with effect shall entitle the defendant therein to his
costs and a judgment discharging the lien claimed, unless the court for
good cause shown shall permit the plaintiff in such scire facias to dismiss
the same without prejudice to the further assertion of his lien; and in
granting such permission, the court may impose such conditions on the
plaintiff as it may deem proper; and whatever judgment may be entered
on any scire facias shall be noted on the record of such claim in the clerk's
office of said court.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 36. 1838, ch. 205, sec. 21.

36. If the proceeds of such building and ground shall not be sufficient
to pay the full amount of all debts due as aforesaid for work done and ma-
terials furnished, after deducting therefrom any prior liens on the same,
then such debts shall be averaged and the said creditors shall be paid in
proportion to their respective demands.
As to prior liens, see sec. 15.

An. Code, sec. 37. 1904, sec. 37. 1888, sec. 37. 1838, ch. 205, sec. 22. 1886, ch. 228.

37. In any cases in which a lien claim shall have been filed against
any building and in which no proceedings towards enforcing the same are
pending, the superior court of Baltimore city or the circuit court for the
county, as the case may be, may, on the motion or petition of any person
interested in the property affected, require the lien claimant to appear in
court by a given day and proceed to the trial and final disposition of the
issues involved in such claim in the same manner as if a scire facias had
been issued and returned at his instance and under the same penalties as
to defaults as are provided in section 35 of this article.

For a petition filed under this section, see Miller v. Barroll, 14 Md. 182.

An. Code, sec. 38. 1904, sec. 38. 1888, sec. 38. 1838, ch. 205, sec. 23. 1841, ch. 76, sec. 15.

38. The lien of every such debt for which a claim may have been filed
as aforesaid shall expire at he end of five years from the day on which it
was filed, unless the same shall be revived by scire facias in the manner
provided by law in the case of judgments, in which case such lien shall con-
tinue in like manner for another period of five years and so on from