ALBERT C. RITCHIE, GOVERNOR. 1091

lien, shall be remitted to the owner of said motor vehicle or
part thereof.

57. 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.

58. 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 own-
ership 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 judg-
ment 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.

SEC. 2. And be it further enacted by the General Assembly
of Maryland, That this Act shall take effect June 1, 1924.

Approved April 9, 1924.

CHAPTER 418.

AN ACT to add a new paragraph to Section 6 of Article 4 of
the Code of Public Local Laws, title "City of Baltimore, "
sub-title "Charter, " to be headed (15B) "Organization of
Departments, " and to follow after the paragraph headed
(15A) "Municipal Ferry, " of said Section 6 of Article 4