2264 ARTICLE 53

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, sec. 55, et seq., and art. 75, sec. 125, et seq.

An. Code, 1924, sec. 14. 1912, 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.

Cited in In Re Noble, 6 F. Supp. 733.

An. Code, 1924, sec. 15. 1912, 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, 1924, sec. 16. 1912, 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.

An. Code, 1924, sec. 17. 1912, sec. 16. 1904, sec. 16. 1888, sec. 16. 1834, ch. 192, sec. 5.

17. Every distress for rent which shall be made contrary to the pro-
visions of this article and all sales made under and by virtue of such distress
shall be absolutely illegal and void.

A constable who sells property under a void distress is liable as a trespasser, but his
official bond is not liable. State v. Timmons, 90 Md. 10.

Where the account fails to show against whom it is made out, the distress is void.
Joynes v. Wartman, 5 Md. 197.

See notes to sec. 9.

An. Code, 1924, sec. 18. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1813, ch. 135.

1816, ch. 210, sec. 1. 1823, ch. 151. 1834, ch. 180, sec. 1. 1868, ch. 173.

1870, ch. 169. 1884, ch. 310. 1904, ch. 568. 1908, ch. 93. 1927, ch. 699.

1929, ch. 148. 1931, ch. 326. 1933, ch. 527. 1935, ch. 206.

18. The following property shall be exempt from distress for rent
when not the property of the tenant: Every horse, carriage and harness,
whip and robe, saddle and bridle, or motor vehicle and appurtenances, in
any livery stable or garage or in any other place, outhouse or barn of the
tenant; and all property of any boarder or sojourner at any hotel, tavern,
public or private boarding house; and any vehicle or other personal prop-
erty in any shop for repair. The following property shall be exempt
from distress for rent when not the property of the tenant and which is
plainly marked or tagged, stating the name of the owner of said articles:
Every spinning wheel, loom, sewing machine, typewriter, stove, cash
register, piano, organ or other musical instrument, radio receiving sets,
telephone instruments, telephone booths and other telephone equipment,
ice beverage chests, ice water coolers, ice refrigerators and ice display
cases, mechanically operated freezing units for ice cream, and cooling
units for soft drinks and water, gasoline tanks, gasoline pumps and oil