ART. 53] DISTRESS. 1307

traint warrant made and sworn to as aforesaid by any agent of any
landlord, directed to any constable, sheriff or bailiff, shall be as valid
and effectual to all intents and purposes as if made and executed by
the landlord himself or in person.

When the landlord may distrain.

Where a note is given for the rent, the landlord may distrain if it is not
paid at maturity. Giles v. Ebsworth, 10 Md. 344.

Since a landlord in the absence of a covenant to repair is not bound to
repair, he may distrain for rent retained by the tenant for repairs. Bona-
parte v. Thayer, 95 Md. 548.

A landlord may distrain for rent in arrears during the term, after the
death of the tenant and before administration granted. Keller v. Weber,
27 Md. 661.

Where an agreement of rental does not state when the tenacy expires,
when the rent accrues nor whether the rent was for past or future occu-
pation, the terms thereof are too vague to authorize a distress. Distress as
applicable when a tenant is to make certain improvements in lieu of rent.
Surrender of the premises. Dailey v. Grimes, 27 Md. 450.

No demand is necessary before distress. Offutt v. Trail, 4 H. & J. 20.

Regularity of proceedings.

If the person signing the warrant is in fact the landlord's agent, the
warrant is valid though the agent does not sign as such. The landlord's
subsequent ratification makes the distress valid though it was originally
unauthorized. Jean v. Spurrier, 35 Md. 110.

In levying a distress, the outside door can not be broken open, but may-
be opened by key, latch or bolt. An unlawful entry makes the distress void
and the landlord a trespasser ab initio. Gate v. Schaum, 51 Md. 299. And
see Dent v. Hancock, 5 Gill, 120.

No action lies for distraining for more rent than is due, even though it
be done maliciously; contra if more goods are sold than are necessary to
satisfy the true claim and costs. Hamilton v. Windolf, 36 Md. 306. And
see Bonaparte v. Thayer, 95 Md. 548. Jean v. Spurrier, 35 Md. 110.

Unless the law Is complied with, the proceedings are void. In an avowry
for rent, the warrant and proceedings under it are facts to be found by the
Jury, and they must appear to be correct. Giles v. Ebsworth, 10 Md. 344.

A more liberal rule of construction applies to distraint proceedings than
to attachments. De Bebian v. Gola, 64 Md. 271.

The affidavit.

A typographical omission in the affidavit, may be cured by the account-
Jean v. Spurrier, 35 Md. 116.

The affidavit is essential. Object of this section. State v. Timmons, 90
Md. 11.

The affidavit is sufficient if it substantially follows this section. Object
and general construction of this section. Cross v. Tome, 14 Md. 257.

Custodia legis.

There can be no distraint of goods in custoiia legis. Cromwell v. Owings.
7 H. & J. 58. And see Fisher v. Johnson, 6 Gill, 354.

Property in the hands of receivers is not liable to distress without the-
permission of the court having jurisdiction over the receivership. Everett
v. Neff, 28 Md. 176. And see Cromwell v. Owings, 7 H. & J. 58.

The landlord has a quasi Hen on goods upon the demised premises for
arrearages of rent, and if an attaching creditor has taken the goods, though
they cannot be distrained upon, the landlord's lien prevails and he must be
first paid out of the proceeds of sale. Thomson v. Baltimore, etc., Co., 33
Md. 319. Cf. Fisher v. Johnson, 6 Gill, 354.

Practice.

Distraint proceedings cannot be amended. The avowant is entitled to
open and close at the trial. Waring v. Slingluff, 63 Md. 55.