1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 183.

Upon return
of writ it is
lawful for any
other person
having tiled a
claim to enter
suggestion.

published in the county where the property advertised is
situated at least ten days before the return day of the writ.
SEC. 8. And be it enacted, That upon the return of such
writ it shall be lawful for any other person having filed a
claim as aforesaid, to cause to be entered on the record of
the same suit, a suggestion setting forth the amount and na-
ture of his demand, and thereupon he may have a rule
upon the defendant to appear and plead thereto, as in other
actions, and 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 determined,
as in other cases, and if the defendant shall not plead to
such suggestion, after due notice, judgment shall be entered
for the claimant, filing the same, and the amount of the
claim shall be ascertained as in other cases.

Execution for
judgment to
be by fieri fa-
cias.

SEC. 9. And be it enacted, That the execution for every
judgment shall be by a writ of fieri facias in the following
form:
County to wit:
The State of Maryland to the Sheriff of said county
Greeting: We command you, that without any other writ
from us of the following described building and lot of
ground, of A. B. to wit, (describing the same according to
the record) in your bailewick, you cause to be levied as
well a certain debt of which C. D.
lately in our court for the county aforesaid by the conside-
ration of the said court, recovered of the said A. B. to be
levied of the said building and lot of ground, as also the
interest thereon from the day of. Also the
further sum of amounting in the whole
to the sum of and also of the sum of
further for the costs, which accrued
thereof according to the form and effect of the acts of as-
sembly in such case made and provided, and have you these
moneys before our judges at our county court, in the county
aforesaid, there to be held on the day of
next, to render unto the said C. D. for his
debt, interest and costs aforesaid, and have you then and
there this writ, &c.

Debts to be
averaged.

SEC. 10. And be it enacted, That if the proceeds of
such building and ground aforesaid shall not be sufficient to
pay the full amount of all debts due as aforesaid, for work
done and materials furnished, alter deducting therefrom any
prior liens upon the same, then such debts shall be avera-
ged, and the creditors aforesaid shall be paid, in proportion
to their respective demands.

Owner may
apply by pe-
tition to court.

SEC. 11. And be it enacted, That in every case in which
any claim shall be filed against any building as aforesaid,