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issue at any time, whether three years from the filing of the
statement required by the last preceding section, but any
defendant, intending to dispute the validity of such tax, and
wishing to test the same before the expiration of such time,
may, at any time after the filing of said statement, give
notice to said Mayor and Councilman, 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 the Mayor and Councilmen should issue a scire
facias thereon against said party within one year after the
receipt of said notice, said lien shall be waived and avoided
against his property, and in all cases of writs of scire facias
issued under this section the same shall stand for trial at the
first term of court after the issuing thereof; provided the
same shall have been served on the defendant, 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, however, that either party may
appeal to the Court of Appeals of Maryland from any rulings
or decisions of any questions of law decided by the Circuit
Court at such trial, and in case the said defendant shall
appeal and file a sufficient appeal bond, then said term of
thirty days shall start from the affirmance of said judgment,
if the same shall be affirmed, and not from the date of the
judgment below.
PAVING SIDEWALKS AND GUTTERS.
171. The Mayor and Councilmen, in addition to the powers
heretofore granted as to grading, curbing, paving and repav-
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CHAP. 262
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ing and repairing the streets of said city, shall have full
powers to grade, curb and pave all sidewalks and gutters
which in their judgment the public convenience may require
and to cause said walks and gutters to be regraded or
repaired or otherwise improved, and to collect the costs
thereof from the person owning the property fronting on any
said sidewalks, curbing or gutter; and whenever the person
or persons owning the property fronting on any such side-
walk, curb or gutter shall refuse to have such sidewalks,
curbs and gutters paved, when and as directed to do so by
any ordinance of said city, within thirty days of the date of
the notice thereof, the said Mayor and Councilmen shall
have the materials found and the work done by the street
15
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Paving side-
walks and
gutters.
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