264

LAWS OF MARYLAND.— 1790.

conviction thereof, pay the sum of one hundred pounds, to be
recovered and applied as aforesaid.

Clerks to
deliver the
laws, &c.

SEC. 14. And be it enacted, That if the clerk of any county,
in whose office the acts of the general assembly, and the votes
and proceedings, shall be deposited in virtue of this act, shall
deliver the same, or any of them, to any person or persons
whatsoever, other than to him or them to whom they shall be
directed, or to their orders in writing, such clerk shall forfeit
and pay the sum of five pounds current money for every such
delivery.
Enacted into a permanent law 1798, ch. 71.

CHAPTER 53.

*1785, ch.
34.

A SUPPLEMENT to the ACT* relating to Replevins.
See notes to the original act.

Preamble.

WHEREAS it has been found by experience, that to deprive
the citizens of this state of the power of suing writs of replevin
in all cases where their property has been taken for taxes by
collectors of arrearages, is, in many instances, productive of
injustice and oppression ;

Replevins
may issue
in certain
cases, &c.

SEC. 2. Be U enacted, by the General Assembly of Maryland,
That in all cases where personal property has been taken in
execution for public taxes, by collectors of arrearages, and not
sold, and where personal property shall hereafter be taken in
execution for such taxes by collectors of arrearages, it shall and
may be lawful for the person whose property has been or shall
be so taken, to apply to any justice of the peace for the county
in which he resides, for a warrant to the clerk of the county,
authorizing him to issue replevin for the goods so taken ; and if
the party applying shall, by his own oath or affirmation, which
shall be reduced to writing, and signed by the magistrate, and
such other evidence as the said justice may require, satisfy him
that it is necessary for the purposes of justice that a replevin
should issue, the said justice may and he is hereby authorized
to make a warrant to the clerk of his county, under his hand
and seal, empowering and directing the said clerk to issue a
writ of replevin for the goods and chattels taken as aforesaid,
or such part of them as the said justice shall think proper, the
said justice specifying in the said warrant the goods and chat-
tels for which the replevin is to be sued out.

Party
applying, to
lodge the
sum due,
&c.

SEC. 3. And be it enacted, That if it shall appear to the said
justice that part of the tax is due for which the distress is laid,
he shall, in such case, insert in his warrant for replevin, a con-
dition that the party applying shall lodge with the said clerk
such sum as shall appear to be due for taxes, (which shall be
stated particularly in the warrant,) before any replevin shall be
granted ; and upon such sum being lodged, the clerk shall issue