MECHANICS' LIEN. 2155

Secs. 43 to 47 abrogate maritime lien for materials furnished in Maryland for
building, repairing, etc., a vessel; a lien secured under said sections is subordinate
to a claim secured by a prior mortgage. The D. B. Steelman, 48 Fed. 583.

See sec. 15 and notes.

An. Code, sec. 48. 1904, sec. 48. 1888, sec. 49. 1856, ch. 294, sec. 4.

48. The claimant under such lien on any boat or vessel may, at any
time after his claim has been filed as aforesaid within the period to which
he is entitled to the benefit of his lien, sue out of the court in which his
claim is filed a writ of scire facias directed to the sheriff of the county or
city, and returnable to the next ensuing court that shall sit within twenty
days after the issuing of the writ.
See sec. 24, et seq.

An. Code, sec. 49. 1904, sec. 49. 1888, sec. 50. 1856, ch. 294, sec. 4.

49. The sheriff shall immediately serve such writ on the owner or his
agent, if the agent have charge of the boat or vessel, or, if neither can be
found within his bailiwick, shall set up a copy of the writ, or a short notice
containing the substance thereof, at the postoffice nearest to the place where
such boat was built and shall also cause a copy to be published once in
each of two consecutive weeks in some newspaper having general circula-
tion in said county or city.

See sec. 28.

An. Code, sec. 50. 1904, sec. 50. 1888, sec. 51. 1856, ch. 294, sec. 4.

50. Upon the return of the writ endorsed " summoned " by the sheriff,
or where the owner or his agent can not be found upon its return with
the sheriff's and printer's certificates showing that a copy was set up at the
nearest postoffice, and also published as directed in the preceding section,
if the owner or his agent do not appear, judgment shall be rendered for the
principal and interest of the claim and costs.
See secs. 32 and 34.

An. Code, sec. 51. 1904, sec. 51. 1888, sec. 52. 1856, ch. 294, sec. 4.
51. If the owner shall appear on the return of the writ he may, with
consent of the claimant, submit the case upon the evidence to the court,
or either party may demand a trial by jury, which shall be had at the term
to which the writ is returnable, unless for good cause the court shall con-
tinue the cause.

An. Code, sec. 52. 1904, sec. 52. 1888, sec. 53. 1856, ch. 294, sec. 4.

52. The judgment rendered in such scire facias may be enforced as
other judgments and the sheriff shall deposit the money made thereon
with the clerk of the court to be disbursed under the order of the court
among the parties entitled to the same.
See sec. 35.