34 ALLEGANY COUNTY. [ART. 1.

shall be used for other purposes than a track simply, in which

case said property shall be estimated and charged in the same
manner as the property of other parties bordering on such streets
or alleys.

Willison v. Mayor, &c., 50 Md 138.

1878, ch. 484.

69. Whenever the mayor and city council shall levy any sum
of money on the owners of property in said city, for grading,
paving, sewering or otherwise improving the streets, lanes or
alleys in said city, or any of them, the sum so levied shall be a
lien on said property; provided said mayor and city council shall,
within sixty days after the completion of such grading, paving,
sewering or other improving, cause to be filed with the clerk of
the circuit court for Allegany county a statement showing the
whole amount expended in such grading, paving, sewering, or
other improving, and 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 operate as a lien;
and said statement shall constitute a lien on said property for the
space of three years and no longer, unless the same shall be
revived or enforced by scire facias, as provided in the next
succeeding section.

Ibid.

70. Said lien shall be enforceable by scire facias issued out of

flie circuit court for Allegany county, in the same manner as
mechanics' liens are now enforced by law, and upon such scire
facias the defendant may rely upon any defence which would
render the imposition of such tax void, or operate as a discharge
thereof; and such scire facias may issue at any time within three
years from the filing of the statement required by the last pre-
ceding section; but any defendant intending to dispute the
validity of said tax, 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 tax and wishes to test the
same, so as to free his property from said lien claim; and in such
case, unless said mayor and city council shall issue a scire facias
thereon against said party within sixty days after the receipt of