368 LANDLORD AND TENANT. [ART. 63.

to be due and in arrear, when the contract is for a certain money
rent; or a statement specifying the quantity or proportion of pro-
duce agreed upon between the landlord and tenant as the rent of
the premises, when the distress is for grain or produce, together
with an affidavit thereon in substance as required in the preceding
section.

10. 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, and the tenant shall
fail to render such grain or produce according to the terms of the
contract, the landlord may levy a distress for the same.

11. Where the distress is for grain or produce, the bailiff or
person authorized to levy said distress, shall summon and cause to
be sworn, two disinterested persons, whose duty it shall be, under
the said oath, to estimate the money value of the specific amount
or quantity of grain, or other produce or proportion of the crops
agreed upon as rent, and thereupon the bailiff or person afore-
said, shall proceed to levy the said distress as in ordinary cases
of money rent, and taking such estimated value to be such money
rent.

12. The tenant whose goods are distrained under the last pre-
ceding section, shall have his election at any time before the
goods, chattels, and property distrained shall be sold under such
distress, to deliver the rent of grain or other produce, or propor-
tion of crops, to the landlord, or to pay him the estimated value,
together in both cases, with the expenses of said distress; where-
upon all proceedings in the said distress shall cease. But nothing
herein contained shall debar said tenant from any action of re-
plevin for the goods and chattels and property distrained as
aforesaid, wherein it shall be lawful for the tenant to contest the
fairness of such valuation; and the said action shall in all re-
spects be proceeded with, and the same verdict shall be rendered
as in cases of replevin of goods and chattels for money rent, the
jury assuming the estimated value, or what in their judgment
the estimated value should have been, to be such money rent.

13. No sheriff, constable or bailiff, in cases of distress for rent,
shall summon more than two appraisers of property distrained;
and the compensation of the appraisers shall be thirty cents each,
to be recovered and paid as other costs in such cases.