ALBERT C. RITCHIE, GOVERNOR. 119

ninety days after the completion of such grading, paving, sew-
ering or otherwise improving, cause to be filed with the Clerk
of the Circuit Court for Allegany County, Maryland, a state-
ment 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 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, and said statement shall con-
stitute a lien on said property for the space of five years, and
no longer, unless the same shall be revived or enforced by scire
facias as provided in the next succeeding section.

79. Said lien shall be enforceable by scire facias issued
out of the Circuit Court for Allegany County, and said writ of
scire facias shall be served by the Sheriff of Allegany County
upon the party against whom said lien is filed, or one of them if
more than one, or left at his usual place of abode, or left at the
usual place of abode of one of them, if said party or parties
reside in the City of Cumberland, or Allegany County, or if
none of said parties live in said City or County, he shall set up
the same on the land or premises against which said lien is filed,
or deliver the same to any person in possession thereof, and
shall then return the same to the Circuit Court for Allegany
County, "made known, " and upon such scire facias the defend-
ants may rely upon any defense which would render the impo-
sition of such lien void or operate as a discharge thereof, except-
ing 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 five years from
the filing of the statement required by the last preceding sec-
tion, 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 dis-
putes 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, un-
less said Mayor and City Council shall issue a scire facias there-
on against said property within sixty days after the receipt of
such notice, said lien shall be waived and avoided as against
his property, and in all cases shall stand for trial at the first
term of Court after the issuing thereof; provided the same
shall have been served on the defendants in one of the manners
hereinbefore provided, and a return of such service made by