CITY OF CUMBERLAND. 303

otherwise improving, cause to be filed with the Clerk of the Circuit Court
for Allegany County, Maryland, a statement showing the whole amount
expended in such grading, paving, sewering or otherwise improving, and
the names of the persons among whom the said sum has been apportioned,
and the amount apportioned to each, and a general description of the land
owned by each of said parties upon which such sums are intended to oper-
ate as a lien, and said statement shall constitute a lien on said property for
the space of five years, and no longer, unless the same shall be revived or
enforced by scire facias as provided in the next succeeding section.

1922, ch. 96, sec. 79. 1927, ch. 94, sec. 79.

79. Said lien shall be enforceable by scire facias issued out of the Cir-
cuit Court for Allegany County, and said writ of scire facias shall be
served by the Sheriff of Allegany County upon the party against whom
said lien is filed, or one of them if more than one, or left at his usual place
of abode, or left at the usual place of abode of one of them, if said party
or parties reside in, the City of Cumberland, or Allegany County, or if
none of said parties live in said city or county, he shall set up the same on
the land or premises against which said lien is filed, or deliver the same to
any person in possession thereof, and shall then return the same to the Cir-
cuit Court for Allegany County, "made known," and upon such scire facias
the defendants may rely upon any defense which would render the imposi-
tion of such lien void or operate as a discharge thereof, excepting that no
question as to the validity of such lien upon any matter of form shall be
heard by any Court in said State, and such scire facias may issue at any
time within five years from the filing of the statement required by the last
preceding section, but any defendant intending to dispute the validity of
said lien and wishing to test the same before the expiration of said time
may at any time after the filing of said statement give notice to said Mayor
and City Council in writing that he disputes the validity of such lien and
wishes to test the same so as to free his property from said lien claim, and
in such case, unless said Mayor and Council shall issue a scire facias there-
on against said property within sixty days after the receipt of such notice,
said lien shall be waived and avoided as against his property, and in all
cases shall stand for trial at the first term of Court after the issuing there-
of; provided the same shall have been served on the defendants in one of
the manners hereinbefore provided, and a return of such service made by
the Sheriff at least ten days before the commencement of said term, and
upon all judgments rendered in such cases, there shall be a stay of thirty
days and no longer; provided that either party may appeal to the Court of
Appeals of Maryland from any ruling or decision of any question of law
decided by the Circuit Court in such trial. And in case the defendant
shall appeal and file a proper appeal bond, the said stay of thirty days
shall be counted from the affirmance of such judgment if the same shall be
affirmed, and not from the date of the judgment below.