476

LAWS OF MARYLAND.

collect the expense thereof of grading, paving,
sewering or otherwise improving the same, as
directed in the next succeeding section.

SEC. 123. Whenever the Mayor and Council
shall levy any sum of money on the owners of
property in said town for grading, paving, sew-
ering or otherwise improving the streets, lanes
or alleys in said town, or any of them, the sum
so levied shall be a lien on said property; pro-
vided, said Mayor and Council shall, within
sixty days after the completion of such grad-

File state-
ments .

ing, paving, sewering or other improving, cause
to be filed with the Clerk of the Circuit Court
of Garrett county, a statement showing the
whole amount expended in such grading, pav-
ing, sewering or otherwise improving, and the
names of the persons against whom said sums
have been apportioned, and the amount appor-
tioned 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
and enforced by scire facias, as provided in
the succeeding section.

Scire facias.

SEC. 124. Said lien shall be enforceable by
scire facias issued out of the Circuit Court for
Garrett county, in the same manner as me-
chanics' liens are now enforced by law; and upon
such scire facias the defendant may rely upon
any defence which would render the imposi-
tion 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 preceding
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 Council in writ-
ing, that he disputes the validity of such tax
and wishes to test the same so as to free his