MARVIN MANDEL, Governor                                   359

IF NOTICE CANNOT BE GIVEN ON ACCOUNT OF ABSENCE OR
OTHER CAUSES, THE CLAIMANT,, OR HIS AGENT IN THE PRESENCE
OF A COMPETENT WITNESS AND WITHIN 90 DAYS, MAY PLACE THE
NOTICE ON THE DOOR OR OTHER FRONT PART OF THE BUILDING
AND SHALL FILE A CLAIM WITH THE CLERK OF THE CIRCUIT
COURT OF THE COUNTY. NOTICE BY POSTING ACCORDING TO THIS
SECTION IS SUFFICIENT IN ALL CASES WHERE THE OWNER OF THE
LOT HAS DIED AND HIS SUCCESSORS IN TITLE DO NOT APPEAR ON
THE PUBLIC RECORDS OF THE COUNTY.

REVISOR'S NOTE: This; section presently appears as
Art. 21, §9-103 of the Code. Reference to
"city" in subsection (a) is proposed for
deletion in light of §1—101(b) which provides
that "county" includes the City of Baltimore.
The only other changes are in style.

9-104. RIGHTS OF OWNER ON RECEIPT OF NOTICE.

IF A CONTRACTOR OR BUILDER OF A BUILDING PURCHASES
MATERIALS OR CONTRACTS FOR WORK, AND THE PARTY WITH WHOM
THE CONTRACT IS MADE GIVES NOTICE TO THE OWNER OF THE
BUILDING AS REQUIRED BY §9-103, THE OWNER MAY RETAIN FROM
THE COST OF THE BUILDING THE AMOUNT WHICH HE ASCERTAINS
TO BE DUE TO THE PARTY GIVING NOTICE. IF THE PARTY
GIVING NOTICE AND THE CONTRACTOR OR BUILDER ATTACH A
LIEN, THE CONTRACTOR OR BUILDER SHALL RECEIVE ONLY THE
DIFFERENCE BETWEEN THE AMOUNT DUE HIM AND THAT DUE THE
PERSON GIVING THE NOTICE.

REVISOR'S NOTE: This section presently appears as
Art. 21, §9-104 of the Code. The only changes
are in style.

9-105. FILING OF CLAIMS.

(A)   CLAIM TO BE FILED.

ANY PERSON ENTITLED TO THE LIEN SHALL FILE A CLAIM
OR STATEMENT OF HIS DEMAND IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT OF THE COUNTY, AND THE CLAIM OR
STATEMENT SHALL BE REDELIVERED BY THE CLERK TO THE PARTY
FILING THE SAME AFTER IT IS RECORDED.

(B)   MECHANIC'S LIEN DOCKET.

(1) THE CLERK SHALL KEEP A DOCKET OR BOOK TO
BE CALLED "THE MECHANICS' LIEN DOCKET," IN WHICH HE SHALL
RECORD:

(i) ANY DESIGNATION OR DESCRIPTION OF THE LOT
OR PIECE OF GROUND;