LAWS OF MARYLAND.

1842

such builder, and that every claim as aforesaid, shall set i
forth, first, the name of the party claimant and the owner,
or reputed owner of the building, and also of the contractor,
architect, or builder, where the contract of the claimant
was made with such contractor, architect, or builder; second
the amount or sum claimed to he due and the nature or
kind of the work done o>- the kind and the amount of ma-
terials furnished, and the time when the materials were fur-
nished or the work was done as the case may be; third, the
locality of the building, and the size and number of the sto-
ries of the same, or such other matters of description as

CHAP. 183.

shall be sufficient to identify the same.
SEC. 5. And be it enacted, That the proceedings to re-
cover the amount of any claim as aforesaid, shall be by
writ of scire facias in the following form viz:
County, State of Maryland,
To the Sheriff of said county, Greeting: Whereas,
hath filed a claim in our Court against
for the sum of
for work done or materials furnished as the case may be,
to and for a certain building to wit (describing it as in the
claim ) and whereas it is alleged that the said sum still re-
mains due and unpaid to the said
now we command you that you make known to the said
and to all such persons as may hold or occupy the
said building, that they be, and appear before the Judges
of our said Court at a Court to be held at
on the day of next to show if any thing
they know or have to say, why the said sum of
should not be levied of the said building to the use of said
according to the form and effect of the
act of Assembly in such case made and provided, if to them
it shall seem expedient, and have you then and their this
writ. Witness.

Proceedings
to recover to
be by scire
facias.

SEC. 6. And be it enacted. That the writ of scire facias
aforesaid shall be served in the manner as a summons upon
the defendant therein named, if he can be found in the coun-
ty, and a copy thereof shall also be left with some person
residing in the building, if occupied as a place of residence,
but if not so occupied, it shall he the duty of the Sheriff to

Scire facias
to be served
in the manner
of a summons

affix a copy of such writ upon the door or other front part
if such building; provided, that personal service or the de-
fendant shall not be required, if he cannot be found in the
county.

Proviso.

SEC. 7. And be it enacted, That it shall also be the duty
of the sheriff to whom any such writ of scire facias, may be
directed, to give notice thereof to all other claimants, and
persons interested by advertisment in some newspaper

Sheriff to give
notice to all
claimants.