1790                                      LAWS OF MARYLAND                                 Ch. 881

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 8. AND BE IT FURTHER ENACTED, That this Act is hereby
declared to be an emergency measure and necessary for the immediate preservation
of the public health and safety and having been passed by a yea and nay vote
supported by three-fifths of all the members elected to each of the two Houses of
the General Assembly, the same shall take effect from the date of its passage.

Approved May 24, 1973.

CHAPTER 881
(House Bill 1566)

AN ACT to add new Section 7-21 to the Code of Public Local Laws of Garrett
County (1971 Edition, being Article 12 of the Code of Public Local Laws of
Maryland), title "Garrett County", subtitle "County Commissioners", to create
a Merit System Board for Garrett County with three members, and generally
providing for procedures, appointments, removals, compensation and expenses
of the Board.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 7-21 be and it is hereby added to the Code of
Public Local Laws of Garrett County (1971 Edition, being Article 12 of the Code
of Public Local Laws of Maryland), title "Garrett County", subtitle "County
Commissioners", and to read as follows:

7-21.

THERE IS HEREBY CREATED A MERIT SYSTEM BOARD
CONSISTING OF THREE (3) MEMBERS, ONE (1) OF WHOM SHALL BE
ELECTED BY A MAJORITY VOTE OF ALL COUNTY EMPLOYEES
COVERED BY THE MERIT SYSTEM, AND TWO (2) OF WHOM SHALL
BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS
REPRESENTING THE PUBLIC AT LARGE, BUT THESE TWO (2)
APPOINTMENTS SHALL NOT BE MADE FROM AMONG THE COUNTY
EMPLOYEES.

THE TERM OF OFFICE FOR THESE BOARD MEMBERS SHALL BE
THREE (3) YEARS IN STAGGERED TERMS, THE INITIAL BOARD TO
HAVE ONE MEMBER TO SERVE FOR ONE YEAR, ONE FOR TWO
YEARS AND ONE FOR THREE YEARS. THE MEMBER REPRESENTING
COUNTY EMPLOYEES SHALL SERVE THE ONE YEAR TERM AND HIS
SUCCESSOR SHALL BE ELECTED AS HEREIN PROVIDED. THE