698
|
LIENS OF MECHANICS AND OTHERS. [ART. 67.
|
Id s 20
1845, c 287, s 2
Where con-
tractor has filed
claim, how
creditor of con-
tractor may
come in
|
20. Where a claim is filed by a contractor or builder who is in.
debted for work done or materials furnished at his request or on his
account, the person or persons to whom he may be indebted shall
have the benefit of such lien, and may, by petition, claim to be paid
the amount due him or them by such contractor or builder out of
the moneys to be received for such claim or lien; and the same
shall be apportioned in such manner and form and by such proceed-
ings as shall be equitable and just.
|
Id 9 21
1848, c 205, s 12
How claims in
be filed against
more buildings
than one
3 Md 168
|
21. In every case in which one claim for materials shall be filed
by the person preferring the same against two or more buildings
owned by the same person, the person filing such joint claim shall
at the same time designate the amount he claims to be due him on
each of said buildings, otherwise such claim shall be postponed to
other lien creditors; and the lien of such claimant shall not extend
beyond the amount so designated, as against other creditors having
liens by judgment, mortgage, or otherwise.
|
1868, c 23
Machines,
wharves, and
bridges subject
to hen
9 Md 184, 11
Md 89
15 Howard, 267
3 Md Ch 210
Art 61, s 23
1838, c 205, 6 13
lion long to
continue with-
out claim being
filed
3 Md 168, 14
Md 298. 15 Md
1, 32 Md 130,
43 Md 143, 44
Md 312, 453
|
LIENS AGAINST MACHINES, WHARVES, AND BRIDGES.
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.
23. Every such debt shall be a lien until after the expiration of
six months after the work has been finished, or the materials fur-
nished, although no claim has been filed therefor, but no longer, un-
less a claim shall be filed at or before the expiration of that period
PROCEEDINGS.
|
1868, c 23
Bill in equity or
scire facias
|
24, The proceedings to recover the amount of any lien under this
article, whether upon a house, machine, wharf, bridge, boat, or ves-
sel, shall be by bill in equity or by scire facias.
|
Art 61, s 25
1838, c 203, s 14
Proceeding by
bill in equity
41 Md 143, 44
Md 453, 46 Md
573
|
23. If the proceeding is by bill in equity, the same proceedings
shall be had as used by the courts of equity to enforce other liens,
and the court shall decree a sale, and appoint a trustee to make sale
thereof, and shall apportion the proceeds of such sale among the
persons entitled to liens according to their respective rights
|
Id s 26
1838, c 205, s 14
Proceeding by
sci fa
|
2G. If the proceeding to enforce such lien is by scire facias, the
scire facias shall recite the filing of the claim, with the name of the
owner of the property to be affected by the lien, the name of the
claimant, and the amount of the claim, and the date of filing the
same, with the usual clause of scire facias, to the persons to be af-
fected by such writ.
|
Id s 27.
1838, c 205, s 15,
1845, c 287, s 10
When sci fa to
be issued
|
27. No scire facias on such claim shall be issued in the city of
Baltimore within fifteen days, nor in any county within thirty days
from the return day of such writ.
|
Id s 28
1838, c 205, s 16
How writ to
be served
|
28. The said writ shall be served in the same manner as other
writs of scire facias upon the defendant therein named, if he can
be found within the city or county, and a copy thereof shall be left
|
|
|