1146 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75,

any sheriff, surveyor or other officer to execute and obey such
warrant of re-survey, order or other process, the court in which,
such cause is pending, and to which such warrant of re-
survey, order or other process is returnable shall, on motion and
proof of delivery thereof, amerce such sheriff, surveyor or other
officer not exceeding two hundred dollars, and enter judgment
against him in the name of the State, but for the use of the
party aggrieved by such neglect, who may issue execution thereon
as upon other judgments.

1874, ch. 94

107. Until the record in any cause has been actually transferred
from the court passing the order of removal to the court to which
it is removed, the court passing the order shall have power to
strike out the order of removal, on motion of the party applying;
for the same, and when so stricken out the cause shall proceed as.
if no motion for removai had been made; but the motion for
removal shall not be renewed by the same party after the expira-
tion of the term at which the order for removal was stricken out p
provided, that no such motion to strike out an order for removal
shall be entertained, unless the same shall be made in time to
admit of the trial of the cause at the same term of the court at
which said order for removal was passed.

Seth v. Chamberlain, 41 Md. 186.

Replevin.

P. G L , (1860,) art. 75, sec. 59. 1785, ch. 80, sec. 14

108. The court, upon return of any writ of replevin, shall have
power, upon motion being made by the defendant for a return of
the property taken under the writ, to inquire into the circum-
stances and manner of the defendant's obtaining possession of
such property; and if it shall appear that such possession was,
forcibly or fraudulently obtained, or that the possession being
first in the plaintiff was got or retained by the defendant
without proper authority or right derived from the plaintiff, the
court may refuse to order a return to the defendant until a
judgment is given in the action.

Montgomery v. Black, 4 H. & McH. 391. Cullum v. Bevans, 6 H. & J. 471.
Glenn v. Fowler, 8 G. & J. 340.