682 ARTICLE 53.

such additional contract of sale or mortgage shall have been executed and
recorded in accordance with the laws of the State of Maryland governing
the execution and recording of such instruments, and if such conditional
contract of sale or purchase money chattel mortgage shall have been
recorded prior to the levy under said distraint the landlord, except in
cases of personal property in office buildings, shall either release such
property from the distraint proceedings or pay to the vendor named in
such conditional contract of sale or to the mortgagee in such mortgage
the balance due under such conditional contract of sale or mortgage, and
said balance, if paid, by the landlord, shall become a part of the costs in
such distraint proceedings; and be collectible in the same manner as are
the other costs in such proceedings; and provided further that such vendor
or mortgagee shall render, upon demand by the landlord, a true statement
of the balance due under such conditional contract of sale or mortgage,
and when said balance is paid, shall release unto said landlord such con-
ditional contract of sale or mortgage.

Chattels of a stranger on demised premises are not distrainable when in

possession of trustee appointed by the court to sell under chattel mortgage, as

they are in custodia legis. Mears v. Ferine, 156 Md. 56.

1929, ch. 321.

18A. Whenever goods, wares, chattels or merchandise shall have been
levied upon under a Warrant of Distraint by any landlord or his agent or
bailiff in accordance with the provisions of this Article it shall be unlawful
for the tenant or tenants in and upon said premises or any other person
or persons other than the landlord distraining or his agent or bailiff, to
remove any of said goods, wares, chattels or merchandise so distrained
without the written consent of the said landlord, his agent or bailiff; and
any such tenant or tenants, person or persons so unlawfully removing any
such goods, wares, chattels or merchandise under distraint, without such
written permission as aforesaid, shall be guilty of a misdemeanor, and
shall be punishable by a fine of not less than $50. 00 nor more than $500. 00,
or by imprisonment of not less than thirty days or more than three months
or both at the discretion of the Court.

19.

This section referred to in contsruing sec. 18. Mears v. Ferine, 156 Md. 63.
See notes to sec. 22.

22.

This section referred to in determining landlord's rights under Statute 8 Anne,
Ch. 14, as against attachment of goods of tenant. Termination of tenancy by
surrender of leasehold. Violation of art. 83, sec. 100, et seq., in sale by tenant
to landlord in payment of rent. Landlord entitled to participate pari passu.
Secs. 23 and 24 inapplicable. Calvert Bldg. Co. v. Winakur, 154 Md. 527.

An execution creditor who causes seizure of goods of tenant on demised prem-
ises, must pay rent in arrear for not more than one year before goods may be
removed by the officer, or if sold on permises, such arrears of rent must be paid
out of proceeds of sale. First Natl. Bank v. Corp. Comm., 161 Md. 508.

23.

See notes to sec. 22.