1846.

LAWS OF MARYLAND.

CHAP. 290.

sons entitled to such lien, shall file his or their claim with
the clerk of the county court in ninety days after the
furnishing of materials, or work dune to such building,
or within sixty days after the completion of the same.

On unfinished
buildings lien
to attach to the
extent of work
done.

SEC. 7. And be it enacted, That in all cases in which
a building shall be commenced, and the same shall not
be finished, the said liens shall attach there to the extent
of the work done and materials furnished; provided,
however, that no lien shall take effect where an express
contract exists between the owner of a building and the
builder thereof, in whole or in part, unless such contract
shall be fulfilled on the part of such builder so construct-
ing; and provided further, that the foregoing proviso in
this section shall not be so construed as to impair the
lien or claim of any other person or persons filed in
pursuance of the provisions of the said original act and
this its supplement, and that if any person or persons
shall file leins or claims as aforesaid for work done or
materials furnished to a contractor in the construction of
the building, and such contractor shall not have per-
formed, fulfilled or completed said contract with the
owner of such building, the courts in making allowance
for and enforcing the payment of such leins and claims
filed as aforesaid, shall consider the loss and injury of all
kinds, if any, resulting to the owner of such building by
the non performance, non-fulfilment or non-completion of
such contract by said contractor; and shall, if there be
any loss or injury as aforesaid, reduce, allow, disallow or
regulate such liens or claims as aforesaid in such mode or
manner as will be equitable and just.

May appear
by petition.

SEC. 8. And be it enacted, That any person having, or
claiming to have, any interest in any building proceeded
against, may, upon petition, be authorised to appear and
be made a party defendant, and that the person so doing
shall become responsible for costs.

Relate to Wa-
shington co'ty.

SEC. 9. And be it enacted, That this supplement only
relates to Washington county and none other.

Repealed.

SEC. 10. And be it enacted, That all acts, and parts
of acts, inconsistent with this act be, and the same are
hereby repealed.