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Session Laws, 1853
Volume 403, Page 650   View pdf image (33K)
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650                                        LAWS OF MARYLAND.

deducting therefrom any proper liens upon the same,
then such deeds shall be averaged, and the creditors
aforesaid shall be paid in proportion to their respective
demands.
     Petition to
court.
     SEC. 14.  And be it enacted, That in every case
in which any claim shall be filed against any building
as aforesaid, and no scire facias shall have issued
thereon, it shall be lawful for the owner of such building,
or any person interested therein, to apply, by petition
to the court in which such claim shall be filed,
setting forth the facts; whereupon such court may grant
a rule upon the party claimant and others interested, to
appear in court at a time to be fixed for such purposes,
and on the return of such rule, may proceed in like
manner as if a scire facias had been issued by such
claimant, and had been duly served and returned.
Expiration of
lien.
     SEC. 15.  And be it enacted, That the lien of every
such debt for which a claim shall have been filed as
aforesaid, shall expire at the end of three years from
the day on which such claim shall have been filed,
unless the same shall be revived by scire facias, in the
manner provided by law in other cases of judgments,
in which case such lien shall continue for another
period of three years, and so from one such period to
another, unless such lien shall be satisfied, or the same
extinguished by a sheriff's sale or otherwise according
to law.
     Satisfaction
to be entered.
     SEC. 16.  And be it enacted, That in every case in
which the amount of any claim as aforesaid shall be
paid or otherwise satisfied, it shall be the duty of the
claimant or his legal representative, at the request of the
owner of the building, or of any other person interested,
and on payment of the costs, to enter satisfaction on
the record of such claim in the office of the clerk of
the circuit court for Dorchester and Talbot counties, in
which such claim shall have been entered, which shall
forever thereafter discharge and release the same, and in
the event of the failure of the claimant in having said
claim entered, satisfied, as aforesaid, then the clerk of
said county is hereby required, upon the filing of the
receipt of such claimant, to enter satisfaction on the
record as aforesaid.
     Act not to
effect prior
lien.
     SEC. 17.  And be it enacted, That nothing in this
act contained shall be construed to impair or otherwise
effect the prior lien of any other person, or the right of
any person to whom any debt may be due for work
done, or materials furnished, to maintain any personal
action against the owner of the building, or any other
person liable therefor, to recover the amount of such
debt.



 
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Session Laws, 1853
Volume 403, Page 650   View pdf image (33K)
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