ART. 63] DISTRIBUTION—DURATION OF LIEN. 1511

claimant filing the petition and the amount of the claim shall
be ascertained as in other cases.

1888, art. 63, sec. 35. 1860, art. 61, sec. 35. 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
judgments 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 discharging 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. 1860, art. 61, 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 there-
from any prior liens on the same, then such debts shall be
averaged and the said creditors shall be paid in proportion to
their respective demands.

Ibid, sec 37. 1860, art. 61, 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
enforcing the same are_j pending, the superior court of Balti-
more 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 property affected, require the lien claimant to appear in
court by a given day and proceed to the trial and final dispo-
sition 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. 1860, art 61, 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