ART. 53] DISTRESS. 1395

notice in all cases of tenancy from year to year in the counties,
of the intention of such tenant to remove at the end of that
year and to surrender possession of the tenement at that time,
and the landlord, his agent or representative shall prove said
notice from the tenant by legal and competent testimony, it
shall not be necessary for the said landlord, his agent or rep-
resentative 'to prove a written notice to the tenant, but the
proof of such notice from the tenant as aforesaid shall entitle
his landlord to recover possession of said tenement under the
provisions of this article. This section shall not apply to
Baltimore city.

Distress for Rent.

1868, art. 53, sec. 8. 1860, art. 53, sec. 8. 1834, ch. 192, sec. 1. 1842,
ch. 208, sec. 1. 1904, ch. 575.

8. Every landlord, or his agent, who may be authorized to
distrain for rent due him, shall, previous to making such dis-
tress, make oath before any officer of the county or State where
the landlord or agent may reside, who is qualified by law to
administer oaths or affidavits, or in case said landlord or his
agent reside beyond the State of Maryland, such oath may be
taken before any officer qualified to administer an oath in the
State or district where the said landlord or his agent may
reside, that his tenant is justly and bona fide indebted to him
in the sum of ———— dollars and ———— cents, specifying the
amount which the said landlord may claim to be due. him in
dollars and cents, where the distress is' for a certain money
rent, or that he is justly and bona fide entitled to the quantity
and proportion of the produce claimed by the said landlord,
when the distress is for grain or produce, for rent in arrear and
already due him, the said landlord; and that he, the said land-
lord, has not received, directly or indirectly, any port or parcel
of said rent claimed to be due and in arrear, except, however,
the credits, given to the best of his knowledge and belief, and
any distraint warrant made and sworn to as aforesaid by any
agent of any landlord, directed to any constable, sheriff or
bailiff, shall be as valid and effectual to all intents and pur-
poses as if made and executed by the landlord himself or in
person.

Garrett v. Hughlett, 1 H. & J. 3. Joynes v. Wartman, 5 Md. 195. Giles
v. Ebsworth, 10 Md. 346. Cross v. Tome, 14 Md. 247. Dailey v. Grimes, 27
Md. 440. Everett v. State, 28 Md. 176. Mears v. Remare, 33 Md. 246. Jean
v. Spurrier, 35 Md. 110. Hamilton v. Windolff, 36 Md. 301. State v. Tim-
mons, 90 Md. 11.