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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2560   View pdf image (33K)
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2560 ARTICLE 63

tires. If the address of neither of said persons is known, and by the exer-
cise of reasonable diligence cannot be ascertained, then such notice shall be
mailed to "General Delivery" at the Post Office of the city or county
where the business of said lienor is located. Any excess in the amount of
the selling price of said motor vehicle or part thereof at said sale over
and above the expenses thereof, including a reasonable attorney's fee and
the amount of said lien, shall be remitted to the owner of said motor vehicle
or part thereof.

An. Code, 1924, sec. 57. 1924, ch. 417, sec. 57.

44. The remedies for enforcing the aforesaid lien herein provided
shall not preclude any other remedies allowed by law for the enforcement
of a lien against personal property nor bar the right to recover so much of
the custodian's claim as shall not be paid by the proceeds of the sale of the
property.

An. Code, 1924, sec. 58. 1924, ch. 417, sec. 58.

45. Should the owner of the motor vehicle or part thereof replevy the
same and the defendant in such action move the court for a writ of retorno
habendo, and if it shall appear to the court that the defendant's claim to
the right of possession of such motor vehicle or part thereof is based on any
lien or right to hold the property replevied as security for any sum of
money claimed to be due as distinguished from a claim of ownership of
the property replevied, the court shall refuse to order a return of the
property replevied to the defendant until a judgment is given in the action,
and in the trial of such replevin action it shall be the duty of the court, if the
case is being tried without a jury, or the duty of the jury if the case is
being tried before a jury, to determine the amount of such lien or claim,
if any, and the amount of any expenses which were properly incurred or
which accrued prior to the date of trial, including storage and advertising,
and the judgment in such action, if for the defendant, shall be either for
the return of the property replevied, or for the amount of such lien or
claim, and any accrued expenses which were properly incurred by the
defendant, including storage and advertising; and the court may also allow
a reasonable counsel fee to the defendant's counsel. The burden of proof
in such action shall be upon the defendant to establish his claim or lien to
the same extent as if he were a plaintiff in an action to secure a judgment
on an open account.

Hospitals.

1937, ch. 491, sec. 59.

46. Every association, corporation or other institution, including a
municipal corporation, maintaining a hospital in the State of Maryland,
which shall furnish medical or other service to any patient injured by
reason of an accident not covered by the Workmen's Compensation Act
shall, if such injured party can assert or maintain a claim against another
for damages on account of such injuries, have a lien upon fifty per cent,
of that part going or belonging to such patient, of any recovery or sum
had or collected or to be collected by such patient, or by his heirs or personal
representatives in the case of his death, whether by judgment or by settle-
ment or compromise to the amount of the reasonable and necessary charges


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2560   View pdf image (33K)
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