J. MILLARD TAWES, Governor 151

SEC. 36. And be it further enacted, That Section 7 of Article 60
of the Code, title "Mandamus", be and it is hereby repealed and re-
enacted, with amendments, as follows:

7.

[Such issue] An action for a writ of mandamus shall be tried
by a jury if either party desire it [; but they may be heard or
determined by the court if both parties agree -f; and in case a
verdict shall be found for the petitioner, or if the court upon
hearing determine in favor of the petitioner, or judgment be
given for him upon demurrer or for want of a plea, such petitioner
shall thereupon recover his damages and costs as he might have
done in an action on the case for a false return, to be levied by
execution or attachment and a peremptory writ of mandamus shall
be granted thereupon without delay against the defendant J.

SEC. 37. And be it further enacted, That Section 28 of Article
63 of the Code, title "Mechanics's Lien, sub-title "In General" and
Section 39 of Article 63 of the Code, title "Mechanic's Lien", sub-
title "Boats and Vessels" be and they are hereby repealed and re-
enacted, with amendments, to read as follows:

28.

The lien of every such debt for which a claim may have been
filed according to the provisions of this article shall expire at the
end of two years from "the day on which it was filed, during which
time the claimant may bring proceedings in equity to enforce a
lien, and the owner of the property subject to the lien, or any other
person interested therein, may bring proceedings in equity to
compel the claimant to prove the validity of the lien or have it
declared void [; and in case the lien claimant or his assigns may
be nonresidents of the State of Maryland or may be persons who
may be proceeded against as such nonresidents, notice may be
given to him, it or them by publication as in other equity cases; J
and the expiration of such lien shall be stayed by the filing, within
said two year period, of any such proceeding in equity until the
conclusion of such proceeding.

39.

The claimant under such lien on any boat or vessel may enforce
the same by proceedings in equity [according to the provisions of
Section 24 of this article],

SEC. 38. And be it further enacted, That Section 5 of Article 66 of
the Code, title "Mortgages", sub-title "In General" be and it is hereby
repealed and that a new Section 5 be and it is hereby enacted in lieu
thereof, to stand in the place of the Section repealed and to read
as follows:

5 (a) In all mortgages of lands or of chattels real, or of goods and
chattels personal, situated in the State of Maryland, there may be
inserted a provision authorizing any natural person named therein,
including the mortgagee, to sell the mortgaged property or declaring
the mortgagor's assent to the passing of a decree for the sale of the
mortgaged property, upon default in a condition upon which the
mortgage provides that a sale may be made.