WM. PRESTON LANE., JR., GOVERNOR. 1705
(b) To create such a lien the Mayor and City Council shall
within ninety days following the completion of any such
work file Avith the Clerk of the Circuit Court for Allegany
County a statement showing the whole amount expended for
any such work, the names of the persons among whom the
said sum has been apportioned, the amount apportioned to
each and a general description of the property owned by each
such person upon which said amounts are to operate as a lien.
Such statement shall constitute a lien on said property for
five years, and for no longer unless revived as provided in
this section.
(c) Any such lien shall be enforceable by scire facias issued
by the Circuit Court of Allegany County. The writ shall be
served by the Sheriff of Allegany County upon the party
against whom the lien is filed, or one of them if more than
one. It shall be left at the usual place of business or at the
usual place of abode of the party, or of one of them, if such
place of business or abode is within the City or Allegany
County. If such place of business or abode is outside Alle-
gany County, the sheriff shall set up the writ on the land
or premises against which the lien is filed, or deliver the writ
to any person in possession of such land or premises. The
writ shall then be returned to the Circuit Court as "made
known. "
(d) Upon such scire facias the defendants may use any
defense which would make the lien void or operate as a dis-
charge thereof, except that no Court of this State shall hear
a question as to the validity of such lien upon a matter of
form only.
(e) Such scire facias may issue at any time within five
years from the filing of the statement required hereinabove
in this Section. Any defendant intending to dispute the
validity of such lien may at any time after the filing of said
statement give notice to the Mayor and City Council in writ-
ing that he disputes the validity of the lien and wishes to
test it so as to free his property from the lien claim. In such
case, said lien shall be waived and voided as against said
defendant's property, unless within sixty days of receiving
such notice from the defendant the Mayor and City Council
shall issue a scire facias against said property.
(f) All cases following the issue of any such writ shall
stand for trial at the first term of Court after the issuing
thereof, provided the writ has been properly served on the
defendant at least ten days before the commencement of said
term.
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