LANDLORD AND TENANT 2265

receptacles, and vending or weighing machines designed to receive coins
or tokens. The goods and chattels of the innocent tenant who has paid
his rent to the owner of the leasehold estate shall be exempt from distraint
for ground rent if any due and owing to the ground rent landlord by the
owner of the leasehold estate. Provided that, except in Prince George's
County, if the landlord shall distrain upon any goods, chattels or other
personal property on the premises not exempt under this section, it shall
be the duty of the landlord, before a sale of such property shall be made
under such distraint proceedings (except in cases of personal property in
office buildings, in which cases there shall not be such duty), to ascertain
whether or not any such goods, chattels or other personal property are
being purchased by the tenant under a conditional contract of sale defined
in Section 71 of Article 21 of the Annotated Code of Public General
Laws of Maryland, or mortgaged by the tenant by a purchase money
chattel mortgage under the terms of Sections 45 to 55, inclusive, of Article
21 of the Annotated Code of Public General Laws of Maryland, and if
it shall be found that any of such property is being purchased by the
tenant under such a conditional contract of sale or covered by a purchase
money chattel mortgage executed by said tenant, and if such additional
contract of sale or mortgage shall have been executed and recorded in ac-
cordance 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 prop-
erty 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 condi-
tional contract of sale or mortgage, and said balance, if paid, by the land-
lord, 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 conditional contract of sale or mort-
gage.

This section not applicable after repossession of chattels by vendor and cancellation
of indebtedness. Wilhelm v. Boyd, 172 Md. 89.

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.

Any goods on the leased premisas not exempt, are liable to distraint. Giles v.
Ebsworth, 10 Md. 344; Schwartz v. Gottlieb, etc., Brewing Co., 109 Md. 399; Kennedy
v. Lange, 50 Md. 94.

The provision of state Constitution, art. 3, sec. 43, exempting property of wife from
being taken for debts of her husband, has no application to property of a married
woman (whether wife of tenant or of stranger), on demised premises. Kennedy v.
Lange, 50 Md. 94; Emig v. Cunningham, 62 Md. 460.

Clause exempting "property of any boarder or sojourner," refers to property used
by boarder or his family, and not to his property in general use of tenant. Leitch v.
Owings, 34 Md. 263.

The goods of a principal in the hands of his commission merchant for sale are not
liable to distraint for rent due by latter. McCreery v. Clafflin, 37 Md. 435. (As to
goods on consignment, see art. 2.)

Where F. is building a boat for G., who furnishes all materials and labor except
what pertain to F.'s work, and it is distrained upon in the shipyard by F.'s landlord,
the distraint is valid as to F.'s interest in the boat, represented by whatever C. then
owes F. McElderry v. Flannagan, 1 H. & G. 308.

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.