2552 ARTICLE 63

Where materials are furnished for a row of houses under one contract, and materials
going into certain of houses only have been furnished within six months, the lien is
valid as to all of the houses, and amount due by each house will be apportioned under
this section. Okisko Co. v. Matthews, 3 Md. 177.

Where materials for two rows of houses are furnished under an entire contract, the
fact that the two rows are separated by an alley does not prevent operation of this
section. Goldheim v. Clark, 68 Md. 504.

A failure to apportion a claim does not defeat the claim, but postpones it "to other
lien creditors." Fulton v. Parlett, 104 Md. 69; Development Corp, v. Ross, 142 Md. 525;
Caltrider v. Isberg, 148 Md. 664.

This section complied with Plummer v. Eckenrode, 50 Md. 232.

An. Code, 1924, sec. 22. 1912, sec. 22. 1904, sec. 22. 1888, sec. 22. 1845, ch. 176, sec. 4.

1868, ch. 23.

22. Every machine, wharf and bridge erected, constructed or repaired
within this State shall be subject to a lien in like manner as buildings are
made subject under the provisions of this article.

Wall or bulkhead built to retain refuse dumped behind it, held not to be wharf within
meaning of this section. Canton Lumber Co. v. Cooper, 75F (2d) 92.

The machine contemplated by this section is one which has not lost its character
as a movable chattel. A heating apparatus, consisting of boiler, furnace, etc., is not
such a machine. Stebbins v. Culbreth, 86 Md. 657. Nicolai v. Baltimore, 100 Md. 585;
Shacks v. Ford, 128 Md. 290.

This section does not give a lien for machinery purchased for manufacturing ma-
terials for a bridge, nor for appliances used to carry such materials to the bridge. While
lien law is to be liberally construed, it cannot be stretched beyond its limits. Basshor v.
B. & O. R. R. Co., 65 Md. 103.

This section is not applicable to coal cars, nor to any machinery movable in its opera-
tion or use. New England, etc., Co. y. B. & O. R. R. Co., 11 Md. 89.

The lien of a machinist on a machine which he builds and then puts up in a factory
which is already subject to a mortgage is subordinate to mortgage—see sec. 15. How
lien may arise under this section. Denmead v. Bank of Baltmore, 9 Md. 183. And see
Jones v. Hancock, 1 Md. Ch. 189. Cf. McKim v. Mason, 3 Md. Ch. 210.

Where a machine against which a mechanics' lien claim has been filed is sold in
equity en masse with real estate, with an agreement that the whole was to be sold
free from incumbrances, lien claimant is entitled to share in the proceeds, and to
that end relative value of real estate and machinery may be proven. Wells v. Canton
Co., 3 Md. 242 (overruling Jones v. Hancock, 1 Md. Ch. 190).

See secs. 1 and 34 and notes.

An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 23. 1888, sec. 23. 1838, ch. 205, sec. 13.

23. Every such debt shall be a lien until after the expiration of six
months after the work has been finished or the materials furnished, al-
though no claim has been filed therefor, but no longer, unless a claim shall
be filed at or before the expiration of that period.

Time of filing claim.

When claim may be filed in six months from last item on account, and when it
must be filed in six months from time of furnishing of different parcels of materials
or doing of different portions of the work—when contracts are entire and when separate
and distinct. The claim must be filed within six months from completion of work
for which claim is filed, and not from completion of building. Computation of time.
German, etc., Church v. Heise, 44 Md. 476; Hensel v. Johnson, 94 Md. 732; Clark v.
Boarman, 89 Md. 432; Maryland Brick Co. v. Dunkerly, 85 Md. 210; Wilson v. Wilson,
51 Md. 159; Watts v. Whittington, 48 Md. 356; Okisko Co. v. Matthews, 3 Md. 176;
Wix v. Bowling, 120 Md. 267.

Where materials are furnished for a row of houses under one contract, and materials
going into certain of houses only have been furnished within six months, lien is valid
as to all of houses. Okisko Co. v. Matthews, 3 Md. 177.

Where bricks are furnished, as ordered, for a number of houses without a special
contract, and three of them are completed more than six months before filing of
the lien and are sold of record before filing of the lien, the delivery of bricks for
certain of the other houses within the six months will not extend time so as to give
contractor a lien on three houses so completed and sold. Ortwine v. Caskey, 43 Md. 138.

The six months begins to run as to labor, from time building is completed; as to
materials, from time they are furnished. Heath v. Tyler, 44 Md. 318. Cf. Rosenthal
v. Maryland Brick Co., 61 Md. 596.