| 1790.
CHAP.
LIII. |
LAWS of MARYLAND.
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 chattels
for which the
replevin is to be sued out. |
Party applying
to lodge
the sum due,
&c. |
III. 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 land, he shall, in such case,
insert in his
warrant for replevin, a condition 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 replevin, in the usual manner, for
the whole
property, and shall pay over the said money to the collector, when demanded,
under the penalty of paying to such collector double the sum received,
to be recovered
by action for money had and received, wherein the plaintiff may declare
generally, and give this act and the special matter in evidence. |
On trial, jury
to give verdict
for what
is due, &c. |
IV. And be it
enacted, That upon trial of any such replevin, if the jury shall
give their verdict for the defendant, they shall find particularly how
much is due
to him, whereupon the defendant shall have judgment to recover the sum
so
found, and costs, where the whole of the defendant's claim in found,
but where
the jury only find a part of the defendant's claims, he shall only
have costs in the
discretion of the court; and, upon such judgment, the said defendant
may sue
out capias ad satisfaciendum, fieri facias, or attachment in nature
of execution, on
which last writs the property originally distrained may be taken and sold,
in whose
hands soever the same shall be found, to satisfy the said judgment,
but the defendant
shall not have the writ de retorno habendo; and if the jury
shall give their
verdict for the plaintiff, they may find such damages as they think reasonable,
in
which may be included the money (if any) lodged by the plaintiff with the
clerk
of the county, under the condition of the magistrate's warrant as aforesaid;
whereupon
judgment shall be given for the plaintiff for the said damages, and also
for
costs; on which judgment the same process of execution shall be had
as aforesaid. |
On nonsuit,
defendant entitled
to a return
of the
property, &c. |
V. And be it
enacted, That if in any such replevin the plaintiff shall be nonsuited
for want of a declaration, or in any other manner, except on verdict, the
defendant shall be entitled to a return of the property, or may take out
a writ of
inquiry, to ascertain the amount of his claim for taxes, and if he shall
elect to
have a return of the property, he may proceed to sell the goods, when returned,
in the same manner as if no replevin had been sued out; but if the said
defendant
shall elect to issue a writ of inquiry, judgment shall be entered, on the
return
thereof, for the sum found by the jury, and costs, on which judgment he
shall
have the same advantage of execution, as is herein before given to him
where the
judgment is rendered on a verdict on issue joined between the parties. |
On obtaining
judgment,
plaintiff may
sue, &c. |
VI. And be it
enacted, That if in any such replevin judgment shall be given
against the defendant by default, the plaintiff may sue out a writ of inquiry,
to
ascertain his damages, on which writ the jury may award damages for any
money
lodged by the plaintiff with the county clerk as aforesaid; and on the
return
of the said writ, judgment shall be rendered for the damages found by the
jury,
and costs, whereon process of execution may be had as aforesaid. |
Clerk issuing,
not liable,
&c. |
VII. And be
it enacted, That any county clerk issuing replevin in virtue of
a
magistrate's warrant as aforesaid, shall not be liable to the penalties
of the act to
which this is a supplement. |
Replevins to
be tried at the
return court,
&c. |
VIII. And be
it enacted, That all replevins sued out in virtue of this act,
shall be tried and determined at the court to which the same shall be returnable
unless, upon special reasons shewn to the court, on affidavit in writing,
they shall
otherwise order. |
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