PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

be equitable and just; provided, nothing herein contain-
ed shall be so construed as to prevent any and all per-
sons employed as laborers or furnishing materials from
tiling liens in their own names.

CHAP. 181.

Proviso.

SEC. 3. 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 thereto to the ex-
tent of the work done or materials furnished.

Liens to attach
to extent of
work done.

SEC. 4. And be it enacted, That no person having a
lien for work done or materials furnished shall be con-
sidered as waiving such by granting a credit or receiving
notes or other securities, unless the same be received as
payment, or the said lien be expressly waived, but that
the sole effect thereof shall be to prevent the issuing of
a scire facias or other proceeding to enforce the said
lien until the expiration of the credit agreed upon; pro-
vided however, that the lien or claim be filed within the
time required by law.

Reception of
notes not to be
waiver of lien.

Proviso.

SEC. 5. And be it enacted, That in case there be no
designation of the boundaries of the lot or curtilage to
a building against or upon which any claim or lien is
filed, it shall and may be lawful for the judges of the
county court to appoint three commissioners to fix and
determine the said boundaries as the court may direct,
and that it shall be the duty of the said commissioner
to examine the building or place at which such building
is being or has been erected, and to make a report to the
clerk of Allegany county court, in which they shall suf-
ficiently designate and describe, by metes and bounds,
with their courses and distances, and by a draft, if ne-
cessary, the limits and extent of ground necessary for
the convenient use of such building for the purposes for
which it was designed, and such report shall be entered
at length upon the mechanics lien docket, and if ap-
proved by the court shall be conclusive upon all persons

Commissioners
to be appointed
to designate
boundaries in
certain cases.

concerned; provided however, that if the owner of said
lot or parcel of ground, previously to the commence-
ment of the building to be erected therein, declares and
defines in writing the boundaries of the said lot or par-
cel of ground, and causes the same to be entered upon
the docket aforesaid, such designation of boundaries so
made and entered upon record shall be obligatory upon
all persons concerned.

Proviso.

SEC. 6. And be it enacted, That where a building
shall be erected by a lessee or tenant for life or years
of a lot or parcel of ground, or by a contractor or build-
er employed by such lessee or tenant, that the lien for
work and materials aforesaid shall apply and attach on-

Cases where
liens may at-
tach.