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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2267   View pdf image (33K)
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LANDLORD AND TENANT 2267

An. Code, 1924, sec. 22. 1912, sec. 21. 1904, sec. 21. 1888, sec. 21. 1834, ch. 192, sec. 4.

23. 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.

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. 97, et seq., in sale by tenant to landlord in payment
of rent. Landlord entitled to participate pari passu. Secs. 24 and 25 inapplicable.
Calvert Bldg. Co. v. Winakur, 154 Md. 527.

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

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. Wanamaker v. Bowes,
36 Md. 59.

An. Code, 1924, sec. 23. 1912, sec. 22. 1904, sec. 22. 1888, sec. 22. 1868, ch. 292.

24. 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This section held to have been repealed save as to certain counties—see sec. 25.
Hopper v. Haines, 71 Md. 64.
See notes to sec. 23.

An. Code, 1924, sec. 24. 1912, sec. 23. 1904, sec. 23. 1888, sec. 23. 1868, ch. 292.
1870, ch. 279. 1876, ch. 384. 1884, ch. 67. 1886, ch. 182. 1935, ch. 130.

25. In all cases of renting land wherein a share of the growing crop
or crops shall be reserved as rent, or wherein advances by the landlord
have been made upon the faith of the crops to be grown, said rent reserved
and such advances made shall be a lien on such crop or crops, which shall
not be divested by any sale made thereof by the tenant, or by any adminis-
trator of a deceased tenant, or by the assignment of the tenant in in-
solvency, or by process of law issued against the tenant; provided, that at
the time of the said renting, the contract under and by which the said
advances are made shall be reduced to writing, duly attested and executed
by the said landlord and tenant. Provided, however, that before such
advances shall be a lien in Charles County the contract under which such
advances are made shall be recorded as other liens are recorded and the
Clerk of the Circuit Court for said county shall record and properly index
the same in a well bound book to be used solely for that purpose. The
provisions of this section shall only apply to the counties of St. Mary's,
Prince George's, Charles, Calvert and Worcester.

See notes to sec. 23.

History and intent of this section. Act of 1870, ch. 279, repealed, amended and
re-enacted act of 1868, ch. 292. Hopper v. Haines, 71 Md. 69.

1933, ch. 185.

26. Whenever the Reconstruction Finance Corporation, Regional Agri-
cultural Credit Corporations, the Secretary of Agriculture of the United
States, or any federal agency, including the United States of America,
now or hereafter authorized to lend money to agricultural producers, or


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2267   View pdf image (33K)
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