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Session Laws, 1973, Special Session
Volume 710, Page 180   View pdf image
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180                                       LAWS OF MARYLAND                            [Ch.

EXCEPT AS PROVIDED IN § 4-402, AND SUBJECT TO THE
VENUE PROVISIONS OF TITLE 6, THE DISTRICT COURT HAS
EXCLUSIVE ORIGINAL JURISDICTION IN:

(1)    AN ACTION IN CONTRACT OR TORT IF THE
DEBT OR DAMAGES CLAIMED DO NOT EXCEED $5,000;

(2)   AN ACTION OF REPLEVIN REGARDLESS OF
THE VALUE OF THE THING IN CONTROVERSY;

(3)    A CASE OF ATTACHMENT ON ORIGINAL
PROCESS, IF THE SUM CLAIMED DOES NOT EXCEED $5,000;

(4)    AN ACTION INVOLVING LANDLORD AND
TENANT, DISTRAINT, OR FORCIBLE ENTRY AND DETAINER,
REGARDLESS OF THE AMOUNT INVOLVED;

(5)   A GRANTEE SUIT BROUGHT PURSUANT TO
ART. 21, §14-109 OF THE CODE; AND

(6)    A PETITION FOR INJUNCTION RELATING TO
THE USE, DISPOSITION, ENCUMBRANCES, OR PRESERVATION OF
PROPERTY: (1) CLAIMED IN A REPLEVIN ACTION, UNTIL
SEIZURE UNDER THE WRIT, OR (2) SOUGHT TO BE LEVIED
UPON AN ACTION OF DISTRESS, UNTIL LEVY AND ANY
REMOVAL.

REVISOR'S NOTE: This section is new language
derived from Art. 26, §145{c) (1), as
amended by Ch. 880, H.B. 1563, Acts of 1973
(which is proposed for repeal). Sections
4-401 and 4-402 parallel the structure of
§§4-301 and 4-302, dealing with criminal
jurisdiction. The present provision
pertaining to civil jurisdiction exercised
by certain people's courts prior to July 5,
1971 was proposed for repeal by the 1972
Legislative Council Joint Committee on
Revision of Art. 26 as uninformative and
unnecessary. H.B. 1563 (1973) gave the
District Court the limited equity
jurisdiction provided in paragraph 6.

In connection with both §4-401 and 4-402,
the problem created by §4-401(4) should be
noted. This gives the District Court
exclusive original jurisdiction in certain
cases (mostly landlord—tenant) regardless
of monetary amounts. In some of these
cases, there is in fact no claim for money
damages, although very valuable property

 

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Session Laws, 1973, Special Session
Volume 710, Page 180   View pdf image
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