ART. 63] BOUNDARIES. 1503

1888, art. 63, sec. 3. 1860, art. 61, sec 3. 1845, ch. 287, sec. 5.

3. No person having such lien shall be considered as waiving
the same by granting a credit or receiving notes or other securi-
ties, unless the same be received as payment or the lien be
expressly waived, but the sole effect thereof shall be to prevent
the institution of any proceedings to enforce said lien until the
expiration of the time agreed upon.

Thomas v. Turner, 16 Md. 105. Sodini v. Winter, 32 Md. 130. Blake v.
Pitcher, 46 Md. 467. McLaughlin v. Reinhart, 54 Md. 76. Willison v.
Douglas, 66 Md. 101. Pinning v. Skipper, 71 Md. 347. Brick Co. v. Spil-
man, 76 Md 377.

Ibid, sec. 4. 1860, art 61, sec. 4. 1838, ch. 205, sec. 2.

4. The said lien shall extend to the ground covered by such
building and to so much other ground immediately adjacent
thereto and belonging in like manner to the owner of such
building as may be necessary for the ordinary and useful pur-
poses of such building, the quantity and boundaries whereof
shall be designated in the following manner.

Beehler v Ijams, 72 Md. 195.

Ibid. sec. 5 1860, art. 61, sec. 5. 1838, ch. 205, sec. 4.

5. The owner of any lot or farm who may be desirous of
erecting a'ny building or of contracting with any person for
the erection thereof may define in writing the boundaries of
the lot or land or curtilage appurtenant to such building pre-
viously to the commencement thereof and file the same with
the clerk of the circuit court for the county, or of the superior
court of Baltimore city, as the- case may be, for record, and
such designation of boundaries shall be obligatory upon all
persons concerned.

Ibid. sec. 6. 1860, art. 61, sec 6. 1838, ch. 205, sec. 5. 1845, ch. 287, sec. 6.

6. In default of such designation of boundaries previous to
the commencement of any building, it shall be lawful for the
owner of such lot or piece of ground, or for any person having
a lien upon the same by mortgage, judgment or otherwise, or
entitled to a lien by virtue of this article, to apply by petition
in writing to the judge of the circuit court for the county or
the superior court of the city of Baltimore to designate the
boundaries.

Ibid. sec. 7. 1860, art. 61, sec. 7. 1838, ch. 205, sec. 6.

7. It shall be the duty qf said court to issue an order to
the county or city surveyor or some other surveyor to examine