106

LAWS OF MARYLAND.— 1785,

Clerks issuing replevin under a warrant from a magistrate,, pursuant to
an act of 1790, ch. 53, are not liable to the above penalty,

No sheriff;
&c. to serve
writ, &c.

SEC. 5. And be it enacted, That no sheriff, coroner, or other
public officer, shall serve or execute any writ of replevin issued
contrary to the directions of this act ; and if any sheriff, coro-
ner, or other public officer, after the first day of March next,
shall serve or execute any writ of replevin, knowing that the
property mentioned and specified in such writ hath been taken
and remains in execution for public dues or taxes, such sheriff,
coroner, or other public officer, so offending, shall forfeit and
pay one hundred pounds current money.

Court may
quash writ,
&c.

SEC. 6. And be it enacted. That if any writ of replevin,
issued or to be issued contrary to the directions of this act, be
served, the court to which such writ shall be returned shall, at
the first court, upon motion and inquiry in a summary manner,
quash such writ, and non-suit the plaintiff, and shall give
judgment for treble costs to be paid by such plaintiff to the
defendant.
By 1785, ch. 80, sec. 14, in cases of replevin, the court may on motion
for return of property inquire, into the manner of the defendants getting
possession of the property, and if possession was obtained forcibly or
fraudulently, or being first in the plaintiff was got or retained by the defen-
dant, without proper authority derived from the plaintiff, the court may
refuse to order a return, until the action is determined.
By 1825, ch. 65, masters may recover apprentices by replevin.
By 1801, ch. 74, sec. 38, no action of replevin to abate by the death
of either party.
By 1825, ch. 63, if defendant is summoned, and does not appear on the
4th day of the term, the court may enter up judgment for the properly.
By 1831, ch. 171, tenants may replevy in distresses laid for reot reserved
in produce.
By 1833, ch. 274, negroes replevied, not to be sold, unless by order of
the court, until the action is decided, and if sold beyond the limits of the
state deemed a felony.
By 1835, ch. 201, magistrate's court may sustain jurisdiction over actions
of replevin, where the property does not exceed $100, by appraisement.

CHAPTER 35.

AN ACT to repeal part of the act concerning Marriages.
Another act, 1790, ch. 20.

Part of an
act repealed

Feb. 1777;
ch. 12.

Be it enacted by the General Assembly of Maryland, That
so much of the act of assembly, entitled *an act concerning
marriages, as prohibits and declares void marriages between
persons related within the following degrees of affinity, to wit:
A man with his father's brother's wife, mother's brother's wife,
wife's father's sister, wife's mother's sister, brother's son's wife,
sister's son's wife, wife's brother's daughter, wife's sister's
daughter; a woman with her father's sister's husband, mother's
sister's husband, husband's father's brother, husband's mother's