FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

shall be the duty of the sheriff to affix a copy of said scieri
facias upon the door or other front part of the house against
which the claim is sought to be recovered.

CHAP. 76.

Sec. 9. And be it enacted, That it shall also be the du-
ty of the sheriff to whom any such writ of scieri facias may
be directed to give notice thereof to all other claimants and
persons interested, by advertisement in one or more news-
papers published in the town of Cumberland, at least ten
days before the return of the writ.

Notice to be
given.

'Sec. 10. And be it enacted, That upon the return of
such writ, it shall be lawful for any other person or per-
sons having filed his or their claim as aforesaid, to cause to
be entered on the record of the same suit, a suggestion set-
ting forth the amount and nature of his demand, and there-
upon he may have a rule upon the defendant to appear and
plead thereto, as in other cases.

Upon return
of writ

Sec. 11. And be it enacted, That if the defendant shall
appear and plead to such suggestion and issue, either in fact
or law, be joined upon any plea, such particular issue shall
be tried and be determined as in other cases, if the defendant
shall not plead to such suggestion after due notice, judg-
ment shall be entered for the claimant filing the same, and
the amount of the claim shall be ascertained as in other
cases.

Determined
as in other ca-
ses

Sec. 12. And be it enacted, That the execution for every
judgment rendered in virtue of this act, shall be by writ of
fieri facias, in which the sheriff shall be directed to levy the
same upon the house and lot particularly referred to and
mentioned in the proceedings thereof.

Execution to
be by fieri
facias

Sec. 13. And be it enacted, That provided, that if the
proceeds of such buildings and ground as aforesaid, shall
not be sufficient to pay the full amount of all debts due as
aforesaid, for work done and materials furnished, after de-
ducting therefrom any prior liens upon the same, then such
debts shall be averaged, and the creditors aforesaid shall be
paid in proportion to their respective demands.

If not suffi-
cient to pay
all liens, pro-
ceeds to be
divided

Sec. 14. And be it enacted, That in every case in which
any claim shall be filed against any building as aforesaid, and
no scieri 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 inter-
ested to appear in court at a time to be fixed for such pur-
poses, and on the return of such rule, may proceed in like
manner as if a scieri facias had been issued by such claimant,
and had been duly served and returned.

Claim filed,
and no scieri
facias issued