LAWS OF MARYLAND.— 1785,

195

where the judges shall be of opinion, from the circumstances of
the case and the nature of the dispute, that it is not necessary to
have the deed at length ; provided that no such record entry, or
copy of the same, shall be admitted in evidence, if the party
against whom the same is intended to be used shall give the
other party notice a term before the trial of the cause to produce
the original deed, or a full copy of the same from the record.
See 1804, ch. 55; 1805, ch. 65; as to the substitution of the court of
appeals for the general court.

CHAPTER 27.

AN ACT to establish permanent salaries for the Chancellor and the Judges.
Merged as to the chancellor in 1798, ch. 86, as to the judges in 1805,
ch. 86.

CHAPTER 34.

An ACT relating to Replevins.
Supplements, 1786, ch. 12; 1790, ch. 53.

WHEREAS, the clerks of the county courts, in several of the
counties of this state, have issued writs of replevin in cases
where property hath been taken in execution for public dues
and taxes, whereby the collection of the said public dues and
taxes hath been much impeded, to the great injury of the state
and individuals ;

Preamble.

SEC. 2. Be it enacted by the General Assembly of Maryland,
That in every case of money, or other thing, due the public, for
satisfaction of which there shall be any distress or execution of
property, by any officer or person authorized by law so to do,
no writ of replevin shall issue, or be maintainable in law.
By 1786, ch. 12, on a distress the party may complain to the commis-
sioners of the tax, who may hear and adjust such complaint, and may sus-
pend the sale of property executed for taxes; and by 1790, ch. 53, a writ of
replevin in such cases may be issued on application to a magistrate, &c.

No writ of
replevin
shall issue,
&c.

SEC. 3. And be it enacted, That from and after the first day of
March next, every person applying for a writ of replevin to a
clerk of the general court, or the clerk of any county court,
against any collector, public officer, or person authorized by
law to collect any public dues or taxes, shall, if required so to
do by the clerk applied to, make oath or affirmation, as the case
may require, that the property, for the delivery of which he
demands the said writ of replevin, hath not been distrained or
taken in execution on account of any public dues or taxes.

Persons
applying, to
make oath,
&c.

SEC. 4. And be it enacted. That if any clerk shall neglect to
inquire as aforesaid, or after the party applying has refused to
make such oath or affirmation shall issue a writ of replevin
upon such application, such clerk shall forfeit and pay one
hundred pounds current money.

Penalty on
clerk for
neglect,
&c.