LANDLORD AND TENANT. 1929

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

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

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

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

Act of 1826, ch. 266, relates to removal of property "by the tenant or by his
order and direction," declaring certain removals to be clandestine, and does not
affect title of insolvent trustee. Buckey v. Snouffer, 10 Md. 156.

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

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 19. 1849, ch. 118, sec. 1.

20. 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 distress or suit to
recover such rent.

See art, 93, sec. 167.

An. Code, sec. 20. 1904, sec. 20. 1888, sec. 20. 1849, ch. 118, sec. 2.

21. If such guardian dies before the recovery of said rent the execu-
tor or administrator of such guardian may recover the same by distress
or suit.

An. Code, sec. 21. 1904, sec. 21. 1888, sec. 21. 1834, ch. 192, sec. 4.

22. Whenever any landlord shall give notice of rent due to the sheriff
or constable who may be about to sell the goods and chattels of his tenant
under execution there shall be appended to said notice an affidavit of the
amount of his rent claimed to be due.

Landlord may assert his claim by motion for an order directing sheriff to pay
his claim out of proceeds of sale. Landlord is only entitled to rent due prior to
execution. What is sufficient notice? Washington v. Williamson, 23 Md. 251.

Landlord's quasi lien attaches to funds in hands of sheriff who has sold by virtue
of attachment. Thomson v. Baltimore, etc., Co., 33 Md. 319. Wan'amaker v. Bowes,
36 Md. 59.

An. Code, sec. 22. 1904, sec. 22. 1888, sec. 22. 1868, ch. 292.
23. In all cases of renting lands wherein a share of the growing crop
or crops shall be reserved as rent, said rent reserved shall be a lien on such
crop or crops which shall not be divested by any sale made thereof by the
tenant, or by the assignment of the tenant in bankruptcy or insolvency,
or by process of law issued against the tenant.

This section held to have been repealed save as to certain counties—see sec. 24.
Hopper v. Haines, 71 Md. 64.