1064 Laws of Maryland [Ch. 349
claimant may bring proceedings in equity to enforce a lien, and the
owner of the property subject to the lien, or any other person in-
terested therein, may bring proceedings in equity to compel the claim-
ant to prove the validity of the lien or have it declared void 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 conclu-
sion of such proceeding.
9-107. Priorities.
(a) Other mechanics' liens.
If the proceeds of such building and ground shall not be sufficient
to pay the full amount of all debts due as aforesaid for work done
and materials furnished, after deducting therefrom any prior liens
on the same, then such debts shall be averaged and the said creditors
shall be paid in proportion to their respective demands.
(b) Liens other than mechanics' liens.
The lien hereby given shall be preferred to all mortgages, judg-
ments, liens and encumbrances which attach upon the said building or
the ground covered thereby subsequently to the commencement
thereof; and all the mortgages and liens other than liens which have
attached thereto prior to the commencement of the said building
and which by the laws of this State are required to be recorded
shall be postponed to said lien, unless recorded prior to the com-
mencement of said building.
9-108. No waiver by taking credit or giving security.
No person having such Hen shall be considered as waiving the
same by granting a credit or receiving notes or other securities,
unless the same be received as payment or the lien be expressly
waived, but the sole effect thereof shall be to prevent the institution
of any proceedings to enforce said lien until the expiration of the
time agreed upon.
9-109. Right to institute personal action.
Nothing contained in this article shall be construed to affect the
right of any person to whom any debt may be due for work done
or materials furnished to maintain any personal action against the
owner of the building or any other person liable therefor.
9-110. Remedial law.
This title shall be construed and have the same effect as laws
which give general jurisdiction or are remedial in their nature;
and such amendments shall, from time to time and at any time, be
made in the proceedings, commencing with the claim or lien to be
filed and extending to all subsequent proceedings, as may be necessary
and proper; provided that the amount of the claim or lien filed
shall not in any case be enlarged.
9-111. Machines, wharves, and bridges.
Every machine, wharf and bridge erected, constructed or re-
paired within this State shall be subject to a lien in like manner as
buildings are made subject under the provisions of this title.
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