THOMAS G. PRATT, ESQUIRE, GOVERNOR.

1845.

cond sections of the act of Assembly, passed at this De-

cember session, eighteen hundred and forty-five, enti-
tled, a supplement to an act entitled, an act relating to
the lien of mechanics and others upon buildings, passed

CHAP. 287.

at December session, eighteen hundred and thirty-eight,
chapter two hundred and five, it shall and may be law-
ful for such owner to retain from the cost of such build-
ing, the amount which he may ascertain to be due to the
party giving such notice, and that in case a lien be laid
by the party giving such notice, and be also laid by the
contractor or builder, the said contractor or builder shall
receive only the difference between the amount due him
and that due to the person giving such notice.

May be lawful.

SEC. 9. And be it enacted, That the notice by publi-
cation directed by the seventeenth section of the original
act to which this is a supplement, shall specify the name
of the claimant or person filing a lien, the name of the
owner or supposed owner of the building, and the name
of the contractor, if any, at whose instance the work was
done, or materials were furnished, the amount claimed to
be due, and the locality of the building or buildings,
against which the said lien has been or may be filed, such
as a building fronting on a named street in the city of
Baltimore, or a building situate on a farm in a named
county occupied by a named person, or such general
description of locality as may appear to the said sheriff
to be sufficient, and that the sheriff of Baltimore city or
county when the said writ of scire facias is to him direct-
ed, shall publish the said notice in two daily newspapers
published in the city of Baltimore, the first notice to be
published at least ten days before the return day of the
said writ of scire facias, and to continue the same once

Notice by pub-
lication, &c.

or twice or thrice a week as he may think proper; pro-
vided, the expense of the publication in each paper shall
not exceed five dollars, and that the sheriff of any other
county to whom the said writ of scire facias, is or may
be directed, shall publish the said notice in two newspa-
pers published in such county, if there be two, and if not,
in such newspaper as may be there published, and if
none, in such newspaper or two newspapers as he may
think proper; provided, that the expense thereof shall
not exceed ten dollars; and provided also, that the first
of the said publications, shall be inserted at least three
weeks before the return day of the said writ of scire fa-
cias.

Provisoes.

SEC. 10. And be it enacted, That no writ of scire fa-
cias shall be issued out of any county court, except Bal-

Not to issue a
writ of sciri
facias.