316 LAWS OF MARYLAND.

CHAPTER 738.

AN ACT to repeal and re-enact with amendments sections 69
and 70 of the Code of Public Local Laws of Allegany County,
sub-title "Cumberland, " as such sections were enacted by
chapter 62 of the Acts of the General Assembly of Maryland
for the year 1904, and to add an additional section to be
known as section 70B, said section relating to liens for street
improvements.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That sections 69 and 70 of chapter 62 of the Acts of 1904,
be and the same are hereby repealed and re-enacted and a new
section, to be known as section 70B, is hereby enacted, said
section to be and to read as follows:

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
preferred lien on said property the same as city taxes now are;
provided, said Mayor and City Council shall, within ninety
days after the completion of such grading, paving, sewering
or other improving, cause to be filed with the clerk of the Cir-
cuit Court for Allegany county, a statement showing the whole
amount expended in such grading, paving, sewering or other-
wise 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 operate
as a lien, the 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.

70. Said lien shall be enforceable by scire facias issued out of
the court of Allegany county in the same manner as mechanic's
liens are now enforced by law, and upon such scire facias the
defendants may rely upon any defense which would render the
imposition 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 three 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