Telegraf. [volume] (Baltimore, Md.) 1909-1951, 1939-09-22
PUBLIC E LAWS

lot of ground and of the contractor,
architect or builder, if such be named,
and of the person claiming the lien un-
der this law to be recorded therein.
"a. The proceedings to recover the
amount Of any lien under his Article,
whether upon a house, machine, wharf,
bridge, boat or vessel, shall be by bill
in equity and the same proceedings
snail be had as used by the courts of
equity to enforce other lens and the
court shall decree a sale and appoint
a trustee to make sale thereof and shall
apportion the proceeds of such sale
among the persons entitled to liens &C.
cOrding to their respective rights.
80. The lien of every such deb for
which a claim may have been filed ac-
cording to the provisions of this Article
shall expire at the end of two years
from the day on which it was filed, dur
ing which time the claimant may bring
proceedings in equity to enforce the
lien, and the owner of the property sub
interested therein, may bring proceed
ings 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 non-resi-
dents of the State of Maryland or may
be persons who may be proceeded
against as such on-residents, notice
may be given to him, it or them by pub
licatiOn as in other equity cases.
38A. Whenever a lien has been filed
under this Article on any property, the
owner of the property or any other per-
son interested therein may file with the
Court a bond in an amount fifty per
centum 5000 greater than the sum for
which the lien has been filed and condi-
toned on payment of said sum plus the
cost of recovering the same. If said
Court, or Clerk thereof, the property
shall be released from the lien, but the
bond shall remain subject to the final
disposition of the claim. No such bond
q h IL hA - H. H.
clerk thereof until the claimant shall
have had at least ten days notice of the
intention to apply to the court for such
release of the property from the lien,
which notice shall give the names and
addresses of the surety or ~sureties on
the bOnd to be offered and the time
when the proffer of the bond shall be
made. The claimant may appear and
object to such approval, but solely on
the ground of insuficiency of the bond
The above notice shall be by personal
service upon the lien claimant if a resi-
dent, and by registered mail to the last
known address of said claimant if a
nonresident of the State of Maryland.
80. In every case in which the amount
of such lien shall be paid or otherwise
satisfied, the claimant or his legal rep
reSentative, at the request of the owner
of the building or of any other person
interested therein, and on payment of
the costs, shall enter satisfaction on the
record of such claim in the office of the
clerk of the circuit court for the county
or circuit court of Baltimore City, as
the case may be, which shall forever dis
charge and release the same.
A. No person shall be entitled to a
lien under the preceding section unless
he shall, within six months from the
commencement of the building, repair
ing, equipping or reftting of such boat
or vessel, deliver to the clerk of the cir
cult court for the county where the
building, repairing, equipping or reft-
| fin ~ NrnS 6nnn nP fhn 0lnpE of fhn 0irnnit
court of Baltimore City, if done in the
City of Baltimore, an account or state
ment verified by the oath of the claim
ant taken and subscribed before some
justice of the peace or other officer
authorized to administer an oath, set
ting forth the names of the claimant
and debtor; and, if the debt was not
contracted by the owner but by his
agent, the name of such agent, the name
or other certain description of the boat
or vessel and the place where built, re-
paired, equipped or refitted and the par
ticulars or items of the claim or debt;
be re-delivered by such clerk to the
party filing the same after it has been
recorded as provided in section 40.
10. The clerks of the several circuit
courts for the counties and of the cir
cult court of Baltimore City shall each
keep a docket to be called Boats lien
docket" wherein it shall be the duty
of each of said clerks, upon application
being made to him in accordance with
the requirements of the preceding Sec
ton, to record the said statements or
accounts filed with hin and, immedi-
ately thereafter, he shall docket q case
between the parties to the claim, enter
ing the claimant as plaintiff and the
agent, where the debt was contracted
by an agent, as defendant, and the day
when such claim was filed, and the
amount thereof; and the clerk shall be
~ 70 Hfkry ann4 Co.. Anah -
to be paid by the defendant and taxes
as costs against him, for which and fol
other costs in prosecuting the claim the
defendant shall be liable, in case the
lien be established the clerk to be al
lowed the same fees for recording SAID
statement of account as are now al
lowed for recording deeds or bills Of
sale.
48. Hhe claimant under such lien or
any boat or vessel may enforce the same
by proceedings in equity according tt
the provisions of section "a of thi:
article.
55. Should the owner dispute. the
amount of the charge, or any part there.
of, for which the lien is claimed al
aforesaid, such dispute may be deter
mined by appropriate legal proceedings
and the institution of any such lega
proceedings shall operate as a stay Of
execution under said lien until the
amount thereof shall have been judici
ally determined, or the owner of sucl
motor vehicle shall have the right tt
Immediately reposses himself of his sale
motor vehicle upon filing a good anC
sufficient corporate bond, in double the
amount of said claim, with the Clerk OF
the Circuit Court for the County, Of
with the Clerk of the Circuit Court Of
Baltimore City, where the corporation
firm, individual, association, or person
claiming such lien may have repaired
or stored said motor vehicle, which sale
bond shall be approved by the Clerl
of said Court, and which said bond shall
be conditioned upon the payment of thu
full amount of any final judgment which
may be recovered upon such claim, to
gether with interest, and all costs in
cident to any such suit, and any costs
and expenses which may have been in
Cured in connection with the enforce
ment of such. lien up to the time tina
filing of such bond. And the fling O.
such bono shall operate as a stay O.
execution under said lien until tn,
amount thereof shall have been judici
ally determined; and in any such sui
against the owner of said motor vehicl,
by such lien claimant after filing O
such bond, If any defendant is returned
non est, service may be secured by pub
LEGATION as in the case of a suit agains
a non resident, provided, however, tina
suit be instituted within six month
from the presentation of said bond
otherwise the bon is to be nup an,
void.
go. No such lien shall be effective
however, unless q written notice con
tanning the name and address of tn
injured person, the date of the acct
dent, the name and location of the hos
pital, the amount claimed, and the nam
OF the person or persons, firm or firms
corporation or corporations alleged t
be liable to the injured party for tn
injuries received, shall be filed in til
Af1ao of tho G1onII aA Tho Ciro,,;& CaYa