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The Maryland Code Public General Laws, 1904
Volume 393, Page 1515   View pdf image (33K)
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ARTS. 63] BOATS AND VESSELS. 1515

vessel, or, if neither can be found within his bailiwick, shall set
up a copy of the writ, or a short notice containing the sub-
stance thereof, at the postoffice nearest to the place where such
boat was built and shall also cause a copy to be published once
in each of two consecutive weeks in some newspaper having
general circulation in said county or city.

1888, art. 63, sec 51. 1860, art. 61, sec. 51. 1856, ch. 294, sec. 4.
60. Upon the return of the writ endorsed "summoned" by
the sheriff, or where the owner or his agent cannot be found
upon its return with the sheriff's and printer's certificates
showing that a copy was set up at the nearest postoffice, and
also published as directed in the preceding section, if the
owner or his agent do not appear, judgment shall be rendered
for the principal and interest of the claim and costs.

Ibid. sec. 52. 1860, art. 61, sec. 52. 1856, ch. 294, sec. 4.

51. If the owner shall appear on the return of the writ he
may, with consent of the claimant, submit the case upon the
evidence to the court, or either party may demand a trial by
jury, which shall be had at the term to which the writ is
returnable, unless for good cause the court shall continue the
cause.

Ibid. sec. 53. 1860, art. 61, sec. 53. 1856, ch. 294, sec. 4.

52. The judgment rendered in such scire facias may be
enforced as other judgments and the sheriff shall deposit the
money made thereon with the clerk of the court to be disbursed
under the order of the court among the parties entitled to the
same.

NOTE The act of 1898, chapter 502, repeals sections 1, 2, 10, 11, 13, 14,
17, 20, 21, 23, 27, 30, 36 and 42 of this article, so far as these sections relate
to Baltimore city., and re-enacts them with amendments limiting the right
of lien in Baltimore city to mechanics and workmen for unpaid work and
labor and putting an end as to Baltimore city to the lien heretofore existing
in favor of material men. The pre-existing law is not changed by this act
as to the counties. This act has been held to be constitutional. Goldman
v Brinton, 90 Md. 266. Wilson v Simon, 91 Md. 1. The act of 1902,
chapter 432, makes a change as to Baltimore county.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1515   View pdf image (33K)
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