ART. 63] NOTICE TO OWNER. 1505

building may be erected, or his agent, the person so doing work
or furnishing materials, or both, shall not be entitled to A lien
unless, within sixty days after furnishing the same, he or his
agent shall give notice in writing to such owner or agent, if
resident within the city or county, of his intention to claim
such lien.

Greenway v Turner, 4 Md. 296. Hess v. Poultney, 10 Md. 267. Thomas
v. Barber, 10 Md. 390. Shoop v Powles, 13 Md. 304 Miller v. Barroll, 14
Md. 173. Pue v. Hetzell, 16 Md 539. Weber v. Weatherby, 34 Md. 656.
Jarden v. Pumphrey, 36 Md. 361. Trustees, etc., v. Heise, 44 Md. 453.
Blake v. Pitcher, 46 Md. 465. Reindollar v. Flickinger, 59 Md. 472 Kenly
v. Sisters of Charity of St. Joseph, 63 Md. 309. Conway v Crook, 66 Md
291. Real Estate Co. v Phillips, 90 Md. 524. Wilson v. Simon, 91 Md. 4

1888, art. 63, sec. 12. 1860, art. 61, sec. 12. 1845, ch. 176, sec. 2.

12. If such notice cannot be given on account of absence or
other causes, the claimant or his agent may, in the presence of
a competent 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.

Kenly v. Sisters of Charity of St. Joseph, 63 Md. 309.

Ibid. sec. 13. 1860, art. 61, sec. 13. 1845, ch. 287, sec. 8.

13. In all cases in which a contractor or 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 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 ascer-
tain to be due to the party giving 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 contractor or builder
shall receive only the difference between the amount due him
and that due the person giving the notice.

Weber v. Weatherby, 34 Md. 656.

Ibid. sec. 14. 1860, art. 61, sec. 14. 1845, ch. 176, sec. 5.

14. Any person furnishing 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
claim.
Watts v. Whittington, 48 Md. 354.