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Session Laws, 1939
Volume 581, Page 1624   View pdf image (33K)
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1624 LAWS OF MARYLAND. [CH. 754

24. The proceedings to recover the amount of any lien
under this article, whether upon a house, machine, wharf,
bridge, boat or vessel, shall be by bill in equity and the
same proceedings shall be had as used by the courts of
equity to enforce other liens and the court shall decree a
sale and appoint a trustee to make sale thereof and shall
apportion the proceeds of such sale among the persons
entitled to liens according to their respective rights.

38. The lien of every such debt for which a claim may
have been filed according to the provisions of this article
shall expire at the end of two years from the day on which
it was filed, during which time the claimant may bring pro-
ceedings in equity to enforce the lien, and the owner of the
property subject to the lien, or any other person interested
therein, may bring proceedings in equity to compel the
claimant to prove the validity of the lien or have it declared
void; and in case the lien claimant or his assigns may be
non-residents of the State of Maryland or may be persons
who may be proceeded against as such non-residents, notice
may be given to him, it or them by publication as in other
equity cases.

38A. Whenever a lien has been filed under this Article
on any property, the owner of the property or any other
person interested therein may file with the Court a bond
in an amount fifty per centum (50%) greater than the sum
for which the lien has been filed and conditioned on pay-
ment of said sum plus the cost of recovering the same. If
said bond shall be approved by the Circuit Court, or Clerk
thereof, the property shall be released from the lien, but
the bond shall remain subject to the final disposition of the
claim. No such bond shall be approved by the court or
the clerk thereof until the claimant shall have had at least
ten days' notice of the intention to apply to the court for
such release of the property from the lien, which notice
shall give the names and addresses of the surety or sureties
on the bond to be offered and the time when the proffer of
the bond shall be made. The claimant may appear and
object to such approval, but solely on the ground of insuf-
ficiency of the bond. The above notice shall be by personal
service upon the lien claimant if a resident, and by reg-
istered mail to the last known address of said claimant if
a non-resident of the State of Maryland.

39. In every case in which the amount of such lien
shall be paid or otherwise satisfied, the claimant or his
legal representative, at the request of the owner of the
building or of any other person interested therein, and on


 

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Session Laws, 1939
Volume 581, Page 1624   View pdf image (33K)
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