The midland journal. (Rising Sun, Md.) 1885-1947, 1939-08-25
PUBLIC GENERAL LAWS

or DESCRIPTIONS Of lots or pieces Of
ground and all claims which may be
filed by virtue Of this article together
cause the =" names OK the owner Of the
lot Of ground and Of the contractor,
architect or builder, II such be named,
and Of the person claiming the lien un-
der this law to DC tho
amount OF any lien under this Article,
whether upon a house, machine, wharf,
bridge. boat or vessel, shall be by Dill
IN equity and the same proceedings
equity 10 enforce other. liens and the
court shall decree a sale and appoint
trustee to make sale thereof and shall
apportion the proceeds OF such sale
among the persons entitled to liens ac-
cording to their respective rights.
38. The lien OF every such debt for
which a claim may have been filed ac-
cordlng to the provislons Of this Article
shall expire ut the end OF two years
from the day on which II 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 1t
declared void; and in case the lien
dents OF the State 81 Maryland or may
be persons who may be proceeded
against as such non residents, notice
may be given to him, 1t or them by pub
licati0n as In other equity cases.
3sA. whenever 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 q bond in an amount fifty per
centum 500, 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; Il said
court or Clerk the property
shall be released from the lien, but the
bond shall remain subject to the final
disposition Of the claim. No such bond
shall Be approved by the cGnst or ths
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 insufiiciency 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 II
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
reseptative, 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
of ba hniI
ing, equipping or refitting of such boat
or vessel, deliver to the clerk Of the cir
cult court for the county where, the
building, repairing eguippi1g or rent.
court of Baltimore City. if done. in the
City of Baltimore, an account or state
ment verified by the oath Of the claim
ant anita, taken and subscribed before some
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-deliyered by such clerk to the
party filing the same after it has been Z
recorded as provided in section 45:
10. The clerks of the several circuit
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
the requirements of the preceding Sec
ton, to record the said statements or
accounts filed with him and, immedi-
ately thereafter, he shall docket a case
ing the claimant as plaintiff and the
boat and its owner and the owners
agent, where the debt was contracted
by an agent, as defendant, and the day
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
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. ~ ~e
49,. The claimant under such lien on
any boat or vessel may enforce the same
by proceedings in equity according to
the. provisions of section "a of this
IS. Should the owner dispute the
amount of the charge, or any part there
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 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 to
Immediately reposses himself of his said
motor vehicle upon filing a good and
sufficient corporate bond, in double the
amount of said claim, with the Clerk Of
the Circuit Court for the County. or
with the Clerk Of the Circuit Court of
Baltimore City, where the corporation.
firm, individual, association, OF person..
claiming such lien may have repaired
or stored said motor vehicle, which said
bond shall be approved by the Clerk
Of said Court, and which said bond shall
be conditioned upon the payment of the
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 that
such lien claimant is notified of the
filing of such bond. And the fling Of
such bond shall operate as a stay Of
execution Under said lien until the
amount thereof shall have been judici-
ally determined; and in any such suit
against the owner of said motor vehicle
by such lien claimant after fling of
such bond, If any defendant is returned
non est, service may be secured by pub
LEGATION as in the case Of suit against
non resident, provided, however, that
suit be instituted within six months
from the presentation of said bond,
otherwise the bond is to be null and
void ~ s.5..t!
so. No such lien shall be effective.
however, unless a written notice con-
fofr TO- h.. 7 - l.