1062                             Laws of Maryland                      [Ch. 349

(b) Buildings.

(1)    Unfinished building.

Where a building shall be commenced and not finished, the lien
shall attach thereto to the extent of the work done or materials
furnished.

(2)    Building erected by tenant.

Where a building shall be erected by a tenant for life or years,
or by an architect, builder or other person employed by the tenant,
the lien shall only apply to the extent of the interest of the tenant.

9-103. Notice to owner where contract is with person other than
owner.

(a)    Generally.

If the contract for furnishing such work or materials, or both,
shall have been made with an architect or builder or any other
person except the owner of the land on which the building may
be erected, or his agent the person so doing work or furnishing
materials, or both, shall not be entitled to a lien unless, within
ninety days after furnishing the same, he or his agent shall give
notice in writing to such owner or agent, if resident within the city or
county, of his intention to claim such lien.

(b)    Property owned by husband and wife.

For the purposes of notice in this section where property is owned
by husband and wife, either jointly or as tenants by the entireties,
and said husband and wife are not separated or divorced, then
said notice above referred to shall be sufficient as to delivery if re-
ceived by either husband or wife.

(c)    Notice to person whose name appears in assessment books.

Notice given to the person appearing as taxpayer in the assess-
ment books of the county where the lot is situated shall constitute
notice to all actual owners.

(d)    Where impossible to give notice.

If such notice cannot be given on account of absence or other
causes, the claimant or his agent may, in the presence of a compe-
tent witness and within ninety days, place said notice upon the
door or other front part of said building and shall file a claim with
the clerk of the circuit court for the county. Notice by posting
according to this section shall be sufficient in all cases where the
owner of the lot has died and his successors in title do not appear
from the public records of the county.

9-104. Rights of owner on receipt of notice.

In all cases in which a contractor or builder of a building shall
have purchased materials or contracted for work and the party
with whom such contract was made shall have given notice as re-
quired in § 9-103 to the owner of such building, it shall be lawful
for the owner to retain from the cost of such building the amount
which he may ascertain to be due to the party giving such notice;