80 LAWS OF MARYLAND. [CH. 31

Said lien shall be enforceable by scire facias issued out of
the Court of Allegany County in the same manner as mechan-
ics' 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 Councilmen in writing that he
disputes the validity of such lien and wishes to test the same
so as to free his property from said lien claim, and in such
case, unless said Mayor and Councilmen shall issue a scire
facias thereon against said party within sixty days after the
receipt of such notice, said lien shall be waived and avoided
as 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 com-
mencement of said term, and upon all judgments rendered in
such cases there shall be a stay of thirty days and no longer;
provided, that either party may appeal to the Court of Appeals
of Maryland from any ruling or decision of any question of
law decided by the Circuit Court in such trial. And in case
the defendant shall appeal and file a proper appeal bond, then
said stay of thirty days shall be counted from the affirmance of
such judgment, if the same shall be affirmed, and not from the
date of the judgment below.

Section 154. The Mayor and Councilmen of Frostburg shall
have power and authority to grade and pave all sidewalks and
gutters which in their judgment the public convenience may
require, and to cause said sidewalks and gutters to be regraded,
repaved, repaired or otherwise improved, and to cause said
sidewalks and streets to be curbed and recurbed, and to collect
the cost thereof from the person or persons owning the prop-
erty fronting on any said sidewalks, curbs or gutters, and when-
over the person or persons owning the property fronting on any
such sidewalks, curbs and gutters shall fail or refuse to have
such sidewalks, curbs or gutters paved, graded, curbed, repaved.