Kenly ex rel. Otto v. Sisters of Charity of St. Joseph

Stone, J., delivered the opinion of the Court. As this case stands before us, it is the case of the appellant against the Sisters of Charity of St. Joseph. It is a bill filed to enforce a mechanics’ lien against a house and lot, owned by the Sisters of Charity of St. Joseph, a corporation formed under the law of this State. We must deal, with it as-against that corporation, and the only question before us is, whether the appellant has a valid mechanics’ lien on the house and lot, owned by the Sisters of Charity of St. Joseph?

This case turns upon the question of notice. The claimant, by his agent, placed a notice of his claim on ³⁰⁸ the building. The notice was addressed to “ The St. Mary’s Female Orphan Asylum,” owners or reputed owners of the property. The name, “ The St. Mary’s Female Orphan Asylum,” was over the gate.

It does not appear what relation the asylum bore to the “ Sisters of Charity of St. Joseph.” It is probable that the Sisters kept an orphan asylum in that building. But whether that was so, or the orphan asylum was a distinct corporation does not appear. When the agent of the claimant placed the notice on the building he rapped at a door, and it was opened by a Sister of Charity, and he shewed her the notice. But he did not know what position or authority, if any, she held in the establishment.

A mechanics’ lien exists, and is operative hy virtue of statutory law only, and unless the substantial requirements of the law are observed, the claimant is beyond the scope of the remedy. While the Courts are always prepared to construe the law liberally, and as remedial in its nature, and to allow all proper and necessary amendments to be made, yet all the proceedings must he in substantial accord with the main requirements of the statute. This is a claim by a material man, for materials furnished to the architect and builder of an addition to the house. There is no pretence that the materials were furnished to the owner of the house and lot.

The ground was owned by the “ Sisters of Charity of St. Joseph,” having been deeded to them hy a deed, duly recorded in Baltimore County. A gentleman, named Hanson, in no wise connected, either by agency or otherwise, with the Sisters, except that he was their friend, undertook of his own accord, and without their solicitation or aid, to build for them an addition to their house, on this lot of ground. It was an act of charity on his part entirely, and he, Hanson, contracted with Mr. Teal to build the addition. The Sisters had nothing whatever to do with the building of this addition, except to thank the donor for his generous gift. ³⁰⁹ In such, a case before the owner could be held liable for a mechanics’ lien, two things are made essentially necessary by the statute.

One is, that a notice should he given to the owner within sixty days from the furnishing the materials; and the other is, that the lien claim shall be filed within six months after the materials have been furnished. Code, Art. 61, secs. 11 and 23. Before any lien claim can attach in a case like this, where the owner has, in fact, nothing to do with the erection of the building, our statute imperatively requires that within sixty days from the date of furnishing the materials, the claimant must give the owner or agent notice in writing of his claim. If such notice cannot he given on account of absence, or other causes, then the claimant may place said notice on the building.

Code, Art. 61, secs. 11 and 12. The foundation of the lien, in a case like the one before us, is the prior notice to he given to the owner. It is required for the protection of the owner, who is authorized to retain in his bands the amount due to the party giving the notice. It must be