ยง 3253 is not an alternative method of establishing a lien. It is a preliminary, but essential, step in the preservation of a mechanic's lien. Where services are provided only with the consent of the owner, a materialman must first file his notice and then he may preserve and enforce the lien by complying with section 3255. See Pineland Lumber Co. v. Robinson, supra; Morin v. H.W. Maxim Co., 146 Me. 421, 82 A.2d 789 (1952); Marshall v. Mathieu, 143 Me. 167, 57 A.2d 400 (1948). When plaintiff neglected to file his notice, his lien ceased to exist.
Our Court has construed the time strictures of our materialmen's lien statute strictly and has held that, since the Legislature saw fit to provide that this special right created in favor of materialmen should exist only during a limited period of time, the courts are without jurisdiction to entertain actions for its enforcement when the period of its availability has expired. Bellegarde Custom Kitchens v. Leavitt, Me., 295 A.2d 909 (1972); Pendleton v. Sard, Me., 297 A.2d 889 (1972); Morin v. Maxim, 146 Me. 421, 82 A.2d 789 (1951). Notwithstanding the rule of strict construction adhered to respecting the time within which notice of the lien claim must be filed for recording and action to enforce the lien must be filed with the clerk of courts, our Court has stated that it now will construe such statutes liberally "to further their equity and efficacy when it is clear that the lien has been honestly earned, and the lien claimant is within the statute."
" Wolfet al. v. Jordan Co., 146 Me. 374. The appellant "must show the decree appealed from to be clearly wrong, otherwise it will be affirmed." Morin v. Maxim et al., 146 Me. 426. The only question then before this court is to determine if there was enough, or sufficient, evidence to warrant a finding for the plaintiff.