MECHANICS' LIEN 2555

who may be proceeded against as such non-residents, notice may be given
to him, it or them by publication as in other equity cases.

Under this section, court has no jurisdiction to decree sale of lands when more than
five years had expired from filing of claim, without revival of lien. Appointment of
receivers; sale subject to lien. Hayes v. Armstrong, 145 Md. 271.

Under this section, the sci. fa, must issue within five years; lien compared with a
judgment. Blocher v. Worthington, 10 Md. 4. And see Lucas v. Taylor, 105 Md. 112.

See sec. 37 and note.

1939, ch. 754, sec. 38A.

29. Whenever a lien has been filed under this Article on any property,
the owner of the property or any other person interested therein may
file with the Court a bond in an amount fifty per centum (50%) greater
than the sum for which the lien has been filed and conditioned on payment
of said sum plus the cost of recovering the same. If said bond shall be
approved by the Circuit Court, or Clerk thereof, the property shall be
released from the lien, but the bond shall remain subject to the final dis-
position of the claim. No such bond shall be approved by the court or
the clerk thereof until the claimant shall have had at least ten days' notice
of the intention to apply to the court for such release of the property from
the lien, which notice shall give the names and addresses of the surety or
sureties on the bond to be offered and the time when the proffer of the
bond shall be made. The claimant may appear and object to such approval,
but solely on the ground of insufficiency of the bond. The above notice
shall be by personal service upon the lien claimant if a resident, and by reg-
istered mail to the last known address of said claimant if a non-resident of
the State of Maryland.

An. Code, 1924, sec. 39. 1912, sec. 39. 1904, sec. 39. 1888, sec. 39. 1838, ch. 205, sec. 24.

1939, ch. 754, sec. 39.

30. In every case in which the amount of such lien shall be paid or
otherwise satisfied, the claimant or his legal representative, at the request
of the owner of the building or of any other person interested therein, and
on payment of the costs, shall enter satisfaction on the record of such claim
in the office of the clerk of the circuit court for the county or circuit court
of Baltimore City, as the case may be, which shall forever discharge and
release the same.

An. Code, 1924, sec. 40. 1912, sec. 40. 1904, sec. 40. 1888, sec. 40. 1838, ch. 205, sec. 25.

31. If any person who shall have received satisfaction for such claim
shall neglect or refuse to enter satisfaction therefor within sixty days after
request and payment of the costs of suit, he shall forfeit and pay to the
party aggrieved any sum not exceeding one-half of the amount of such
claim, to be recovered in the same manner as debts of a like amount are
recoverable.

An. Code, 1924, sec. 41. 1912, sec. 41. 1904, sec. 41. 1888, sec. 41. 1845, ch. 287, sec. 1.

32. This article shall be construed and have the same effect as laws
which given general jurisdiction or are remedial in their nature; and such
amendments shall, from time to time and at any time, be made in the
proceedings, commencing with the claim or lien to be filed and extending
to all subsequent proceedings, as may be necessary and proper; provided
that the amount of the claim or lien filed shall not in any case be enlarged.

Court may permit surplus words in bill of particulars attached to claim to be stricken
out. Caltrider v. Isberg, 148 Md. 666.