1838.

LAWS OF MARYLAND.

CHAP. 205.

Assembly in such rase made and provided, and have
you these monies before our Judges, at our county

court, in the county aforesaid, there to be held in the

day of next, to render unto
said, and have you then and there this writ: &c.

Case proceedings

be not sufficient.

Averaged in pro-
portion.

Sec. 21. And be it enacted, That, provided, that if
the proceeds of such building and ground as aforesaid,
shall not be sufficient to pay the full amount of all debts.
due as aforesaid, for work done, and materials furnish-
ed, after deducting therefrom any prior liens upon the
same, then such debts shall be, averaged, and the credi-
tors aforesaid shall be paid in proportion to their re-
spective demands.

Case of claim filed.

No scire facias is-

sue.

Petition to court.

Rule granted.

May proceed.

Sec. 22. 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 there-
on, 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, where upon such court may grant a rule
upon the party claimant, and others interested, to ap-
pear in court at a time to be fixed for such purpose,
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.

Lien expenses in 5

years.

Unless revived.

Sec. 23. 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 five years from the
day on which such claim shall have been filed, unless
the same shall be revived by scire facias in the man-
ner provided by law in the case of judgments, in which
case such lien shall continue in like manner, for anoth-
er period of five years, and so from one such period to

another, unless such lien be satisified, or the same to

be extinguished, by a sheriff's sale, or otherwise, ac-
cording to law.

On payment.

Satisfaction to be

entered.

Sec. 24. 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 in-
terested therein, and on payment of the costs, to enter
satisfaction on the record of such claim, in the office of