LANDLORD AND TENANT. 1925

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 landlord may distrain.

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

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

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

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

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

Regularity of proceedings.

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

In levying distress, outside door cannot be broken open, but may be opened by
key, latch or bolt. An unlawful entry makes distress void and 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 good's are sold than necessary to satisfy 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 law is complied with, proceedings are void. In avowry for rent, warrant and
proceedines under it are facts to be found by 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 attach-
ments. 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 custodia legis. Cromwell v. Owings, 7 H. &
J. 58. And see Fisher v. Johnson, 6 Gill, 354.

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

Landlord has quasi lien on goods upon demised premises for arrearages of rent,
and if attaching creditor has taken the goods, though they cannot be distrained
upon, landlord's lien prevails and he must be first paid out of proceeds of sale.
Thompson 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.

Where the warrant is directed to the sheriff, the distress may be levied by a deputy.
Myers v. Smith, 27 Md. 113. Giles v. Ebsworth, 10 Md. 344.

Generally.

All property on the demised premises, save such as is exempt by law, is liable to
distress. Giles v. Ebsworth, 10 Md. 344. Swartz v. Gottlieb, etc., Brewing Co., 109
Md. 399. Kennedy v. Lange, 50 Md. 94.