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The Maryland Code Public General Laws, 1904
Volume 393, Page 1396   View pdf image (33K)
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1396 LANDLORD AND TENANT. [ART. 53

1888, art. 53, sec. 9. 1860, art. 53, sec. 9. 1834, ch. 192, sec. 3.

9. To every wan-ant authorizing any bailiff to levy a distress
for rent there shall be prefixed or annexed the account of such
landlord, stating in dollars and cents the amount of rent
claimed to be due and in arrear when the contract is for a
certain money rent; or a statement specifying the quantity or
proportion of produce agreed upon between the landlord and
tenant as the rent of the premises when the distress is for grain
or produce, together with an. affidavit thereon in substance as
required in the preceding section.

Giles v. Ebsworth, 10 Md. 346. Jean v. Spurrier, 35 Md. 110. State v.
Timmons, 90 Md. 11.

Ibid. sec. 10. I860, art. 53, sec. 10. 1831, ch. 171, sec. 2.

10. In ail cases where land shall be rented in consideration
of a render of a portion of the crops raised upon the same, or
for a specific amount of grain or other produce, and the tenant
shall fail to render such grain or produce according to the
terms of the contract, the landlord may levy a distress for the
same.

Hoskins v Rhodes, 1 G. & J. 266 Byer v. Etnyre, 2 Gill, 151. Perrall
v. Kent, 4 Gill, 209. Martin v. Martin, 7 Md. 369. Mason v. Sunnier, 22
Md. 315. Dailey v. Grimes, 27 Md. 451.

Ibid. sec. 11. 1860, art. 53, sec. 11. 1831, ch. 171, sec. 2

11. Where the distress is for grain or produce, the bailiff or
person authorized to levy said distress shall summon and cause
to be sworn two disinterested persons, whose duty it shall be,
under the said oath, to estimate the money value of the specific
amount or quantity of grain, or other produce or proportion
of the crops agreed upon as rent, and thereupon the bailiff or
person aforesaid shall proceed to levy the said distress as in
ordinary cases of money rent, taking such estimated value to
be such money rent.

Ibid. sec. 12. 1860, art. 53, sec. 12. 1831, ch. 171, sec. 2.

12. The tenant whose goods are distrained under the pre-
ceding section shall have his election at any time before the
goods, chattels and property distrained shall be sold under
such distress to deliver the rent of grain or other produce or
proportion of crops to the landlord, or to pay him the estimated
value, together in both cases with the expenses of said dis-
tress; whereupon all proceedings in the said distress shall
cease. But nothing herein contained shall debar said tenant
from any action of replevin for the goods and chattels and
property distrained as aforesaid wherein it shall be lawful for


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1396   View pdf image (33K)
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