Ch. 880                            MARVIN MANDEL, Governor                                  1789

each tenant found on the premises, or, if not so found, leave affixed to the
premises a copy of the inventory as provided above in the case of the [petition
and] order. The officer serving the order shall make a return of his action to the
court including the date and time thereof.

(b) Whenever the plaintiff shall by verified petition request the court to include
in the levy goods subject to distress and claimed to be on the leased premises but
not included in the levy and inventory, the court shall, after service of a copy of
the petition on the defendant and on any other person claiming an interest in the
goods, conduct a hearing on the petition and the court [shall have the power to]
MAY amend the levy and inventory to include [therein] such of the goods as the
court shall find should be included [therein].

SECTION 6. AND BE IT FURTHER ENACTED, That Section 24(e) of
Article 1A of the Annotated Code of Maryland (1968 Replacement Volume), title
"Aeronautics," subtitle "General Provisions," be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

24.

(e) Should the owner of the aircraft or part thereof [replevy] INSTITUTE AN
ACTION OF REPLEVIN FOR the same and OTHERWISE ESTABLISH A
RIGHT TO THE ISSUANCE OF THE WRIT BUT FOR [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 aircraft 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 ISSUE THE WRIT [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.

SECTION 7. AND BE IT FURTHER ENACTED, That Section 45 of Article
63 of the Annotated Code of Maryland (1972 Replacement Volume), title
"Mechanics' Lien," subtitle "Garages," be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

45.

Should the owner of the motor vehicle or part thereof [replevy] INSTITUTE
AN ACTION OF REPLEVIN FOR the same AND OTHERWISE ESTABLISH
A RIGHT TO THE ISSUANCE OF THE WRIT BUT FOR [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 ISSUE
THE WRIT [refuse to order a return of the property replevied to the defendant