ART. 53] DISTRESS. 1311

The goods of a principal in the hands of his commission merchant for sale
are not liable to distraint for rent due by the latter. McCreery v. Claf-
flin, 37 Md. 435. (As to goods on consignment, see article 2.)

Where F. is building a boat for C., who furnishes all the materials and
labor except what pertain to P.'s work, and it is distrained upon in the ship-
yard by F.'s landlord, the distraint is valid as to F.'s interest in the boat,
represented by whatever C. then owes F. McElderry v. Flannagan, 1 H. &
G. 308.

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

Where a party applies for the benefit of our Insolvent laws, his property
is thereafter in custodia legis, and not liable to distraint for rent due at the
time of the application. Buckey v. Snouffer, 10 Md. 149; Fox v. Merfeld, 81
Md. 80.

As to exemptions from execution, see art. 83, sec. I, et seq.

1904, art. 53, sec. 18. 1888, art. 53, sec. 18. 1860, art. 53, sec. 18. 1826, ch. 266.

1842, ch. 208, sec. 2.

18. Whenever property shall be removed from premises which have
been rented within sixty days prior or subsequent to the time when the
rent has or will become due, and whether such removal be by night or
d'ay it shall be lawful for the landlord to follow, seize and sell such
property under distress for the rent due at any time within sixty days
after the time when the rent becomes due; provided, that such property
shall not have been sold to a bona fide purchaser without notice or taken
in execution.

In order that the landlord may proceed under this section, the rent must
be actually due and the property must have belonged to the tenant at the
time of its removal. Galther v. Stockbridge, 67 Md. 228.

A landlord may distrain under this section though the goods have been
removed by a trustee for the benefit of creditors, since the latter Is not a
bona fide purchaser. Burnett v. Bealmear. 79 Md. 38.

A distraint under this section may be levied though the lease Is ended
and the tenant no longer in possession of the demised premises. Dorsey v.
Hays, 7 H. & J. 370.

Goods which have passed into the hands of an insolvent trustee can not
be reached under this section by a distraint for rent due at the time of
the application in insolvency. Fox v. Merfeld, 81 Md. 82.

The act of 1826, ch. 266. relates to the removal of property "by the ten-
ant or by his order and direction," declaring certain removals to be clan-
destine, and does not affect the title of an Insolvent trustee. Buckey v.
Snouffer. 10 Md. 156.

Where goods are taken from the premises by the sheriff on a writ of
attachment, the landlord can not follow them by a distraint for rent falling
due after the attachment. White v. Hoeninghaus, 74 Md. 127.

Ibid. sec. 19. 1888, art. 53, sec. 19. 1860, art. 53, sec. 19.
1849, ch. 118, sec. 1.

19. The rents of real estate of minors or of leasehold estates that
may not be due at the death of such minor shall for the year in which
such minor may die be paid to the guardian, who may maintain dis-
tress or suit to recover such rent.
See art. 93, sec. 162.

ibid. sec. 20. 1888. art. 53, sec. 20. 1860, art. 53, sec. 20.
1849, ch. 118. sec. 2.

20. If such guardian dies before the recovery of said rent the
executor or administrator of such guardian may recover the same by
distress or suit.