640

LAWS OF MARYLAND

[Ch. 49

CLAIM, TOGETHER WITH INTEREST;

(ii) ALL COSTS INCIDENT TO THE BRINGING OF
SUIT; AND

(iii) ALL COST AND EXPENSES WHICH RESULT FROM
THE ENFORCEMENT OF THE LIEN AND ARE INCURRED BEFORE THE
LIENOR WAS NOTIFIED THAT THE BOND WAS FILED.

(4)    FILING OF THE BOND STAYS EXECUTION UNDER
THE LIEN UNTIL FINAL JUDICIAL DETERMINATION OF THE
DISPUTE.

(5)    IF SERVICE OF PROCESS    BY A LIENOR ON THE
OWNER IS RETURNED NON EST AFTER FILING   OF A BOND, SERVICE
MAY BE MADE BY PUBLICATION AS IN THE CASE OF A SUIT
AGAINST A NONRESIDENT.

(6)    IF SUIT IS NOT INSTITUTED BY THE LIENOR
WITHIN SIX MONTHS AFTER THE BOND IS FILED, THE BOND IS
DISCHARGED.

REVISOR'S NOTE: This section is new language which
combines without substantive change the
provisions of Art. 63, §§ 35, 42, and 53(b).

In subsection (b)(1) of this section, the
present reference to a "good and sufficient"
bond is deleted as unnecessary.

With respect to the phrase "clerk of the
court" in subsection (b)(2) of this section,
see §16—201(d) of this subtitle and revisor's
note to that subsection.

With respect to subsection (b)(5) of this
section, it should be noted that while this
subsection permits service by publication
after process is returned non est one time,
Maryland Rule 105 generally permits service by
publication only after two non ests.

In subsection (b)(6) of this section, the more
correct term "discharged" is substituted for
"null and void."

16-207. UNPAID ACCOUNT SETTLED BY PUBLIC SALE.

(A) SALE OF PROPERTY.

IF THE CHARGES WHICH GIVE RISE TO A LIEN ARE DUE AND
UNPAID FOR 30 DAYS AND THE LIENOR IS IN POSSESSION OF THE
PROPERTY SUBJECT TO THE LIEN, THE LIENOR MAY SELL THE