ART. 67. ] LIENS OF MECHANICS AND OTHERS.

tractor or builder shall receive only the difference between the amount
due him and that due the person giving the notice.

697

14. Any person furnishing the work or materials, or both, and
complying with the provisions of this article, shall be entitled to the
lien hereby given, without regard to the amount of his or their claim.

Id s n

1845. c 176, s o
Who entitled
to lien

15. The lien hereby given shall be preferred to all mortgages,
judgments, liens, and incumbrances which attach upon the said build-
ing or the grounds covered thereby subsequently to the commence-
ment thereof, and all the mortgages and liens other than liens which
have attached thereto prior to the commencement of the said build-
ing, and which by the laws of this State, are required to be recorded,
shall be postponed to said lien, unless recorded prior to the com-
mencement of said building.

Id s 15
1818, c 205, s 9,
1845, c 287, s 7
To what to be
preferred
3 Md 234, 7 Md
315, 9 Md 179,
84 Md 108 86
Md 65, 38 Md
288, 45 Md. 389,
40 Md 573
1 Md Ch 187,
3 Md Ch 186.
6 Gill 17

16. If the building against which any claim shall be filed under
this article, or any of the ground adjacent thereto, shall be sold un-
der judgment or decree on mortgage, or any other decree or process
of any court of law or equity, or by a trustee of an insolvent debtor,
before the extent of the lien of the claimant shall be ascertained as
before directed, the court from which execution issued, or which
passed such decree, or by which such trustee was appointed, may
determine the respective lights of the parties, and the apportion-
ment and appropriation of all liens, and for that purpose may ap-
point an auditor to inquire into and report the facts, or upon appli-
cation of any of the parties, may direct an issue to try the facts, and
may decree distribution accordingly.

Id s 16
1838, c 205, s 8,
1845, c 287, s 8
How priorities
ascertained
where building
sold under legal
process
4 Md 234. 9
Md 179
3 Md Ch 186

17. Each person entitled to such lien shall file a claim or state-
ment of his demand in the office of the clerk of the Circuit Court
for the county, or the Superior Court of Baltimore City, as the case
may be.

Id s 17
1838, c 205. s 10
Where claim of
lien to be filed
14 Md 183, 29
Md 595.

18. The clerks of the Circuit Courts for the several counties and
the Superior Court of Baltimore City shall each procure and keep a
docket or book to be called " The Mechanic's Lien Docket, " in which
he shall record all designations or descriptions of lots or pieces of
ground, and all claims which may be filed by virtue of this article,
together with the day of filing the same, and shall cause the names
of the owner of the lot of ground and of the contractor, architect or
builder, if such be named, and of the person claiming the lien under
this law, to be recorded therein.

Id s 18
1838, c 205, s 3
Clerks to keep
record.

10. Every such claim shall set forth; First, the name of the
party claimant, and of the owner or reputed owner of the building,
and also of the contractor or architect, or builder, when the contract
was made by the claimant with such contractor, architect or builder;
Second, the amount or sum claimed to be due, and the nature or kind
of work or the kind and amount of materials furnished, and the time
when the materials were furnished or the work done; Thirdly, the
locality of the building, and the number and size of the stories of the
same, or such other matters of description as may be necessary to
identify the same.

Id s 19
1838, c 205, s 11
What claim
shall set forth
5 Md 422, 14
Md 296, 15 Md
1, 16 Md 539,
34 Md 36
6 bill, 27