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Chapter 269.
AN ACT to add an additional section to article
seventy-five of the Code of Public General
Laws, title " Pleadings, Practice and Process,"
to be numbered .......... and stand under the
sub-title "Judgments in Detinue and Re-
plevin."
SECTION 1. Be it enacted by the General Assem-
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bly of Maryland, That the following be and the
same hereby is added as an additional section to
article seventy-five of the Code of Public Gen-
eral Laws of Maryland, to be numbered ..........
and stand under the sub-title "Judgments in
Detinue and Replevin :"
JUDGMENTS IN DETINUE AND REPLEVIN.
Whenever in detinue or replevin there shall be
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Additional
section.
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a judgment in the alternative for the return of
chattels, or the payment of their value, the
judgment for the return or delivery of the goods
may be enforced by a writ in the nature of a
writ of capias in withernam, and by attachment
of the party or parties adjudged to return or de-
liver the same, or either unless the court, on
good cause shown, shall otherwise order, or un-
less the party or parties entitled to such return
or delivery shall agree, of record, to accept the
value of the chattels as ascertained by the judg-
ment in lieu of such return or delivery, but
nothing herein contained shall prevent the party
entitled to such judgment from having his exe-
cution besides for the damages, if any, given
for the detention, and his costs and every judg-
ment in detinue and replevin, and every verdict
therein, shall ascertain separately the value of
the goods and chattels and the damages, if any,
for their detention.
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May agree to
accept value
of chattels in
lieu of return.
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