Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1939-08-17
PUBLIC GENERAL LAWS

filed by virtue of this article tna ay be
with the day Of fling the same and se ahr.
cause the names of the owner of S1 thl
iot OF ground and Of the contractore
and Of the person claiming the lien u Me
DER this law to be recorded therein uH'
"a. The proceedings to recover ~.
amount OF any lien under this Art;o ene
whether upon house, machine. wb.rs'
bridge, boat or vessel, shall be by hi
shall be had as used by the conrtS ns g
equity to enforce other liens and .S VI
court shall decree a sale and anno se
a trustee to make sale thereof and s sbai!
apportion the proceeds Of such ssIn
among the persons entitled to liens AZ.
cording to their respective rights
38. The lien of every such deht o..
which a claim may have been fled ~.
cording to the provisions of this Art;oS.
shall expire at the end Of two veore
from the day on which it was fled d%rS
ing which time the claimant may bring
proceedings in equity to enforce tbss
lien, and the owner Of the property sinh ,he
iect to the lien, or any other 1erson
interested therein, may bring proce@di
ings in equity to compel the claimant 70
prove the validity Of the lien or have Il
declared void and in case the lien
claimant or his assigns may be non. resi-.
dents OF the State Of Maryland or nav
be persons who may be proceeded
against as such non residents. nof;oo
may be given to him, it or them by nuh'
hc sSi as in other equity cases.
under this Article on any propertv A ths
owner Of the property or any other per.
son interested therein may file with the
Court q bond In an amount fIftv nor
centum (5OT6)f greater than the sum for
which the lien has been fled and cOndi.
TONED ON payment Of said sum plus the
Rnaf nf rnQnUoFtn ha
bond shall be approved by the Circuit
Court, or Clerk thereof, the prOpertv
shall be released from the lien, but The
bond shall remain subject to the final
disposition Of the claim, No such bond
snan DC approved Dy the court or the
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 he
made. The claimant may appear and
object to such approval, but solely on
the ground Of insufficiency Of the bond
The above notice shall be by personal
service upon the lien claimant il a resi-
dent, and by registered mail TO the last
known address Of said claimant Il =
non resident 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 rem
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.
Al Nh Qho1l ho nnfif1oA IN
lien under the preceding section unless
he shall, within six months from the
commencement Of the building, repair
ing, eQuipping or refitting of such boat
or vessel, deliver to the clerk of the cir.
cult court for the county where the
ting was done, or the clerk Of the circuit
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
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 rented and the par
ticulars or items Of the claim or debit
and which account or statement shall
be delivered by such clerk to the
party fling the same after it has been
recorded as provided in section As.
As. The clerks of the several circuit
courts for the counties and of the cir
! cult court Of Baltimore City shall each
keep docket to be called Boats lien
docket" wherein 1t 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 fled with him and, immedi-
ately thereafter, he shall docket a case
between the parties to the claim, enter
Ing the claimant as PLAINTIFF and the
agent. where the debt was contracted
by an agent rs defendant, and the day
when such claim was filed, and the
amount thereof; and the clerk shall be
entitled to fifty cents for each entry,
to be paid by the defendant and taxes
as costs against him, for which and for
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. aeptt .
4S. The claimant under such lien on
any boat or vessel may enforce the same
by proceedings in equity according to
article.
IS. Should the owner dispute the
Of, for which the lien is claimed as
aforesaid, such dispute may be deter
mined by appropriate legal proceedings,
and the institution of any such legal
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 such
motor vehicle shall have the right 70
Immediately reposses himself Of his sald
motor vehicle upon fling good ana
sufficient corporate bond, in double tne
amount Of said claim, with the CLERK OF
with the Clerk Of the Circuit Court Oh
Baltimore City, where the corporation
firm, individual, association, or person;
claiming such lien may have repaired
or stored said motor vehicle, which sale
b bond shall be approved By the the C ssaII
be conditioned upon the payment Oh !ne
full amount Of any final judgment when
may be recovered upon such claim, 70
gether with interest, and all costs m
cident to any such suit, and any costs
and expenses which may have been IN
ment OF such lien up to the time tnss
such lien claimant lie notified OF the
Hing of such bond. And the ming "
such bond shall operate as q stay on
execution under said lien until tne
amount thereof shall have been luoIei,.
ally determined; and in any such SUIT
against the owner Of said motor yehlcie
by such lien claimant after filing q
such bond, If any defendant Is returneu
non est, service may be secured by puD.
LEGATION as In the case Of a suit agalhst.
a nonresident, provided, however t. ma
suit be instituted within six months
from the presentation Of said bonu;
otherwise the bond is to be null anu
void. -
90. No such lien shall be effective,
however, unless a written notice coz ss
tanning the name and address OF W
injured person, the date Of the aeei-
dent, the name and location OF the hOs.
pital, the amount claimed, and the nalne