ALBERT C. RITCHIE, GOVERNOR. 237

shall be construed to prevent the Mayor and City Council from
constructing any sewer or sewers or system of sewers and pay-
ing for same out of the funds of the city nor to prevent the
said Mayor and City Council from charging a reasonable sum
for the use of said sewer, either by an annual charge or by a
charge for the right of connection therewith in perpetuity, all
of which powers are hereby granted the said Mayor and City
Council; and provided further that the said Mayor and City
Council may exercise this right to repave, regrade, recurb, re-
sewer and otherwise improve only after the expiration of ten
years from the time of the completion of the paving, grading,
curbing, sewering or otherwise improving of the said street,
alley o?; lane which is to be repaved, regraded, recurbed or re-
sewered.

78. Whenever the Mayor and City Council shall levy any
sum of money on the owners of property in said city for grad-
ing, 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, sewer-
ing 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 otherwise improving, and the names of the persons among
whom the said sum has been apportioned and the amount ap-
portioned 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, un-
less the same shall be revived or enforced by a scire facias as
provided in the next succeeding section.

79. Said lien shall be enforceable by scire facias issued out
of the Circuit Court of Allegany County in the same manner
as mechanics' liens arc 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 re-
quired by the last preceding section, but any defendant intend-
ing to dispute e validity of said lien and wishing to test the