LANDLORD AND TENANT. 1927

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1831, ch. 171, sec. 2.

12. 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.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1831, ch. 171, sec. 2.

13. The tenant whose goods are distrained under the preceding sec-
tion shall have his election at any time before the goods, chattels and prop-
erty 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 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 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. 52, see. 53, et seq., and art. 75, sec. 125, et seq.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 13. 1834, ch. 192, sec. 4.

14. 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.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1821, ch. 162.

15. In all cases of distress for rent the tenant shall be liable to the
landlord for costs.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1842, ch. 208, sec. 1.

16. Landlords who may have the right of distress may exercise that
right as well in cases where security has been given to them as where no
security has been given.

The taking of a note for rent, even though it is discounted, does not forfeit, but
only suspends, remedy by distress, provided landlord has note to surrender at
proper time. Giles v. Ellsworth, 10 Md. 344.