1847.

LAWS OF MARYLAND.

CHAP. 181.

Proviso.

ly to the extent of the interest of the said lessee or ten-
ant for life or years, and that where a building is erect-
ed upon a lot or parcel of ground belonging to a married
woman,by the husband of such married woman, or person
employed by such husband, the said lien for work and ma-
terials shall not attach unless notice thereof be given to
such married woman, in writing, within sixty days after
such work done or materials furnished, or both, as the case
may be, and that the said lien lor work and materials
shall be preferred to all mortgages, judgments, liens and
incumbrances which attached upon the said building or
ground covered thereby, or ground necessary for the use
thereof, as by the second section of the original act to
which this is a supplement is provided subsequently to
the commencement thereof; provided always, that mort-
gages; incumbrances and liens, other than leases, which
have attached; thereto prior to the commencement of the
said building, and which by existing laws of this State
are required woe recorded, shall not be prefered, but
he postponed, unless the same are recorded prior to the
commencement of said building.

After notice,
owner to retain
money in his
hands in cer-
tain cases.

SEC. 7. And be it enacted, That in all cases in which
a contractor or builder of a house shall have purchased
materials or contracted for work, and the party from
whom such purchase or with whom such contract has
been made shall give notice to the owner of such build-
ing in writing, stating the nature of materials furnished
or work to be done under such contract, the amount due
or to become due for the same, and the name of the con-
tractor or builder to whom furnished, or with whom the
contract was made, it shall and may be lawful for such
owner to retain from the cost of such building the
amount which he may ascertain to be due or to become
due to the party giving such notice, and that in case a
lien be laid by the party giving such notice, and be also
fed 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.

Where there
are two build-
ings owned by
same person,
claimant to
specify the a-
mount due on
each building.

SEC. 8. And be it enacted, That in every case in
which one claim for materials furnished or work done,
shall be filed by the persons preferring the same against
two or more buildings owned by the same person, the
person or persons filing such joint claim shall at the
same time designate the amount which he claims to be
due to him on each of said buildings, otherwise such
claim shall be postponed to all other lien creditors of
what kind soever; but it shall and may be lawful to is-