988 MECHANICS' LIEN. [ART. 63.

P, G. L, (1860,) art. 61, sec. 85. 1838, ch. 205, sec. 20. 1886, ch. 228.

35. Every judgment rendered on a scire facias under this
article may be enforced by execution or otherwise, as other judg-
ments are; but after a scire facias has been issued and returned,
the failure of the lienor to prosecute the same with effect shall
entitle the defendant therein to his costs and a judgment dis-
charging the lien claimed, unless the court for good cause shown
shall permit the plaintiff in such scire facias to dismiss the same
without prejudice to the further assertion of his lien; and in
granting such permission, the court may impose such conditions

on the plaintiff as it may deem proper; and whatever judgment
may be entered on any scire facias shall be noted on the record

of such claim in the clerk's office of said court.

Ibid. sec. 36. 1838, ch. 205, sec. 21.

36. 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 materials 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 respec-
tive demands.

Ibid. sec. 37. 1838, ch. 205, sec. 22. 1886, ch. 228.

37. In any case in which a lien claim shall have been filed
against any building, and in which no proceedings towards en-
forcing the same are pending, the superior court of Baltimore
city or the circuit court for the county, as the case may be, may,
on the motion or petition of any person interested in the prop-
erty affected, require the lien claimant to appear in court by a
given day, and proceed to the trial and final disposition of the
issues involved in such claim in the same manner as if a scire
facias had been issued and returned at his instance, and under
the same penalties as to defaults as are provided in section 35
of this article.

Ibid sec 38 1838, ch 205, sec. 23. 1841, ch. 76, sec. 15.

38. The lien of every such debt for which a claim may have
been filed as aforesaid shall expire at the end of five years from
the day on which it was filed, unless the same shall be revived by