696

LIENS OF MECHANICS AND OTHERS. [ART. 67.

port to such court, in which he shall sufficiently designate and de-
scribe, by metes and bounds, with their courses and distances, and
by a draft if necessary, the limits and extent of grounds necessary
for the convenient use of such building for the purpose for which
it was designed, and such report shall be entered at length upon the
record book hereinafter mentioned, and if approved by the court,
shall be conclusive upon all persons concerned.

Id s 8
1838, c 205, s 7
Stay of proceed-
ings until desig-
nation of boun-
daries

8. If any proceedings shall be instituted to enforce any lien
under this article, before the boundaries of the lot, land, or curti-
lage which ought to be appurtenant thereto shall be designated, it
shall be lawful for the court, upon application, to stay such proceed-
ings until such designation shall be made, and thereupon order the
surveyor to ascertain and report such boundaries as described in the
preceding section.

Id s 9
1845 c 287, s 7
Building by
lessee or tenant
liable to extent
of his interest
7 Md 315

9. Where a building shall be erected by a lessee or tenant for
life or years of a farm or lot of ground, or by an architect, builder,
or other persons employed by such lessee or tenant, the lien shall
only apply to the extent of the interest of such lessee or tenant.

Id s 10
1845, c 287, s 7
Notice to he
given to mar-
ried woman,
where building
erected by hus-
band
36 Md 361.

10. Where a building shall be erected on a lot of ground belong-
ing to a married woman, by her husband, or some person by him
employed, the said lien shall not attach unless notice thereof be
given to such married woman in writing within sixty days after
doing such work or furnishing such materials, or both, as the case
may be.

Id s 11
1838, c 205, s 9,
1845, c 176, s 1
Notice to owner
where contract
made with
architect or
builder
4 Md 296, 10
Md 267, 390, 14
Md 178. 32 Md
130. 84 Md 656,
36 Md 361,
44 Md 453, 46
Md 465

11. If the contract for furnishing such work or materials, or
both, shall have been made with any architect or builder, or any
other person except the owner or owners of the lot on which the
building may be erected, or his or their agent, the person or persons
so doing work or furnishing materials, or both, shall not be enti-
tled to a lieu unless, within sixty days after furnishing the same, he
or they, or his or their agent, shall give notice in wilting to such
owner or owners, or agents, if resident within the city or county, of
his or their intention to claim such lien.

Id. s 12
1845, c 176, s 2
Notice, how
given

12. If such a notice cannot be given on account of absence, or
other causes, the claimant or his agent may, in the presence of a com-
petent witness, and within sixty days, place said notice upon the
door or other front part of said building, and shall file a claim with
the clerk of the Circuit Court for the County or the Superior Court
of Baltimore City, as the case may be, as hereinafter mentioned.

Id s 13
1845, c 287, s 8
Owner, on
notice, may re-
tain to meet
claim

13. In all cases in which a contractor or a builder of a house
shall have purchased materials or contracted for work, and the party
with whom such contract was made shall have given notice as required
in the two last preceding sections, to the owner of such building, it
shall be lawful for the owner to retain from the cost of such building
the amount which he may ascertain to be due to the party giving

When contrac-
tor entitled to
difference only

such notice; and in case any lien be laid by the party giving such
notice, and be also laid by the contractor or builder, the said con-