642

LAWS OF MARYLAND

[Ch. 49

relating to boats and motor vehicles and as
difficult to apply in certain areas of the
State.

In subsection (b) (2) of this section, a
reference to "certified" mail is added for
purposes of clarity. This is in accord with
Art. 1, §20 of the Code, which generally
permits the use of either registered or
certified mail as alternates to each other.

16-208. REPLEVY OF PROPERTY BY OWNER.

(A)      ISSUANCE OF WRIT.

IF THE OWNER OF PROPERTY SUBJECT TO A LIEU
INSTITUTES AN ACTION OF REPLEVIN AND ESTABLISHES A RIGHT
TO THE ISSUANCE OF A WRIT BUT FOR THE DEFENDANT'S ALLEGED
LIEN UNDER THIS SUBTITLE, THE COURT SHALL ISSUE THE WRIT.

(B)   TRIAL OF REPLEVIN ACTION.

(1)    IN THE TRIAL OF THE REPLEVIN ACTION, THE
COURT SHALL DETERMINE:

(i) THE AMOUNT OF THE LIEN CLAIM, IF ANY; AND

(ii) THE AMOUNT OF ANY EXPENSES PROPERLY
INCURRED OR ACCRUED BEFORE THE TRIAL, INCLUDING STORAGE
AND ADVERTISING.

(2)   IF JUDGMENT IS FOR THE DEFENDANT:

(i) IT MAY INCLUDE REASONABLE ATTORNEY'S
FEES; AND

(ii) IT SHALL BE EITHER FOR THE PROPERTY
REPLEVIED OR FOR THE AMOUNTS DETERMINED IN ACCORDANCE
WITH PARAGRAPH (1) OF THIS SUBSECTION.

(3)    THE DEFENDANT HAS THE BURDEN OF PROOF TO
ESTABLISH HIS LIEN CLAIM TO THE SAME EXTENT AS IF HE WERE
A PLAINTIFF IN AN ACTION TO SECURE JUDGMENT ON AN OPEN
ACCOUNT.

REVISOR'S NOTE: This subsection is new language
which combines the provisions of Art. 63, §§
53(e) and 45, relating to aircraft and motor
vehicles. Although present Art. 63 contains no
comparable provisions relating to boats, this
apparently inadvertent omission has been
corrected by extending the application of this
section to all "property" which, by definition
in §16—201, includes boats.