ART. 53] DISTRESS. 1309

1904, art 53, sec. 10. 1888. art. 53, sec. 10. 1860, art. 53, sec. 10.
1831, ch. 171, sec 2.

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 land-
lord may levy a distress for the same.

Where the relation of landlord and tenant is established, a portion of
the crops being payable as rent, the tenant can not replevy the crops from
the landlord, and the tenant's assignee stands in no better position. Fer-
rall v. Kent, 4 Gill, 209. Mason v. Sumner, 22 Md. 312.

The reservation of rent eo nomine, constitutes a lease. Hoskins v. Rhodes,
1 G. & J. 266.

Distress is not authorized where the terms of the lease are vague and
Indefinite. Dailey v. Grimes, 27 Md. 441.

Ibid. sec. 11. 1888, art. 53, sec. 11. 1860, art. 53, sec. 11.
1831, ch. 171, sec. 2.

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 aforesaid shall proceed to levy the said
distress as in ordinary cases of money rent, taking such estimated value
to be such money rent.

Ibid. sec. 12. 1888, art. 53, sec. 12. 1860, art. 53. sec. 12.
1831, ch. 171, sec. 2.

12. The tenant whose goods are distrained under the preceding sec-
tion 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 proportion of crops to the landlord, or to
pay him the estimated value, together in both cases with the expenses
of said distress; whereupon all proceedings in the said distress shall
cease. But nothing herein contained shall debar said tenant from any
action of replevin for the goods and chattels and property distrained as
aforesaid wherein it shall be lawful for the tenant to contest the fair-
ness of such valuation; and the said action shall in all respects 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.

As to replevin, see art. 62, sec. 50, et seq., and art. 75, sec. 116, et seq.

Ibid. sec. 13. 1888, art. 53, sec. 13. 1860, art. 53, sec. 13. 1834, ch. 192,

sec. 4.

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

Appraisers must be indifferent persons and reasonably competent, but need
not be experts. Cahill v. Lee, 55 Md. 326.