LAWS OF MARYLAND,— 1831.

1021

dog so killed, to be paid by the owner or owners of said dog or

dogs, and to be collected as other constables fees are; *Provided,
that if said dog or dogs shall have been immediately killed by
the owner or owners thereof, upon complaint, information and
proof of the owner or owners of said sheep, as provided in this
law, then, and in that case, the owner or owners of said sheep
shall not have cause of action against the owner or owners of
said dog or dogs.
* This proviso is omitted in the engrossed bill, through mistake.

General
proviso.

CHAPTER 171.

AN ACT relative to Landlords and Tenants.
See 1826, ch. 266, ante page 919.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That in all cases where land shall be rented in consideration of
a render of a portion of the crops raised upon the same, or for a
specific amount of grain or other produce, it shall not be lawful
for any sheriff or other officer by virtue of any process issued

Case of
rent paya-
ble in
produce.

against the tenant, to sell the crop, while growing, or at any
time before the same shall be divided, so as to deprive the

Sale of pro
duce forbid

landlord of his stipulated share of the same, or of the specific
amount of grain or other produce agreed upon as rent, but the
same may be sold, subject to the claim of the lessor.

Without
payment or
notice.

SEC. 2. And be it enacted. That in all cases where land
shall be rented as aforesaid, if the tenant shall fail to deliver to
the landlord his share of the crops or specific amount of grain
or other produce, as aforesaid, according to the stipulations of
the renting, it shall and may be lawful for the landlord to lay a

Case of
tenant fail-
ing to pay
such rent.

distress for the same in manner following, that is to say : the
bailiff or person authorized to levy said distress, shall summon,
and cause to be sworn in manner as appraisers in cases of dis-
tress are by law to be sworn, two disinterested persons, whose
duty it shall be, under the oath aforesaid, to estimate the money
value of the specific amount or quantity of grain or other pro-
duce, or proportion of the crops agreed upon as rent; and
thereupon the said bailiff or person aforesaid, shall proceed to
levy the said distress as in ordinary cases of money rent, and
taking said estimated value to be such money rent ; and the
said tenant shall have his election at any time before the goods
and chattels and property distrained shall be sold under such
distraint, to deliver the rent of grain or other produce, or pro-

Proceedings
directed.

portion of crops aforesaid, to the landlord, or to pay him the said
estimated value, together in both cases, with the expenses of
said distraint ; whereupon all proceeding in the said distraint
shall cease and be at an end ; Provided however, that nothing

Tenant
may pay in
money or
produce.

herein contained shall debar said tenant from any action of re-
plevin for the goods and chattels and property distrained as

Right of
replevin.