2554 ARTICLE 63

An. Code, 1924, sec. 36. 1912, sec. 36. 1904, sec. 36. 1888, sec. 36. 1838, ch. 205, sec. 21.

25. 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.

1939, ch. 250, sec. 36A.

26. In any suit to enforce a lien hereunder, the owner of the building
and premises to which such lien may have attached, as aforesaid, may be
allowed to pay into court the amount claimed by the lienor, and such addi-
tional amount, to cover interest and costs, as the court may direct, or he may
file a written undertaking, with two or more sureties, to be approved by
the court, or Clerk thereof, to the effect that he and they will pay the judg-
ment that may be recovered and costs, which judgment shall be rendered
against all the persons so undertaking. On the payment of said money into
court, or the approval of such undertaking, the property shall be released
from such lien, and any money so paid in shall be subject to the final decree
of the court.

1939, ch. 250, sec. 36B.

27. Undertaking to discharge liens before suit.—Such an undertaking
as mentioned in Section 26 may be offered before any suit brought in
order to discharge the property from existing liens, and the same pro-
ceedings shall be had as above directed in relation to the undertaking to be
given after the commencement of the suit, and said undertaking shall
be to the effect that the owner and his said sureties will pay any judgment
that may be rendered in any suit that may thereafter be brought for the
enforcement of said lien.

An. Code, 1924, sec. 38. 1912, sec. 38. 1904, sec. 38. 1888, sec. 38. 1838, ch. 205, sec. 23.
1841, ch. 76, sec. 15. 1939, ch. 754, sec. 38.

28. The lien of every such debt for which a claim may have been filed
according to the provisions of this article shall expire at the end of two
years from the day on which it was filed, during which time the claimant
may bring proceedings in equity to enforce the lien, and the owner of the
property subject to the lien, or any other person interested therein, may
bring proceedings in equity to compel the claimant to prove the validity
of the lien or have it declared void; and in case the lien claimant or his
assigns may be non-residents of the State of Maryland or may be persons

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.

33. 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. 32 does not dispense with the forms of pleading. Pleas should notify the plaintiff
of the grounds of defense. Kees v. Kerney, 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.

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