J. MILLARD TAWES, Governor                     1573

15.   Entry under levy; forcible entry; time of levy.

(a)    In making levy under an action of distress, no forcible en-
trance shall be made into leased premises occupied and used as a
dwelling without a court order. If entry cannot be gained by the
levying officer into such premises, the plaintiff may file a verified
petition with the court for an order directing forcible entry into the
leased premises.

(b)    Forcible entry may be made for the purpose of levy into any
property or buildings other than those specified in subsection (a)
above.

(c)    Levy under an action of distress may be made at any hour
of the day or night.

16.   Exemptions from levy; chattels subject to security interest.

(a)    The following shall be exempt from distress when the prop-
erty of the tenant:

(b)    Hand powered and operated tools used by a tenant in his
occupation or livelihood;

(c)    Law books of an attorney;

(d)    Hand operated instruments of a physician or surgeon;

(e)    Medical books of a physician or surgeon;

(f)    Files and professional records of an attorney or of a physician
or a surgeon;

(g)    The prior recorded security interest in all chattels in which
the tenant has an interest. The landlord in his petition shall certify
as to the existence of a recorded security interest in any of the
chattels of the tenant. In the case of a recorded conditional contract
of sale or chattel mortgage or any other security interest which shall
have been recorded prior to the levy under said distraint, the landlord
shall either release such property from the distraint proceedings or
pay to the holder of such security interest the balance due under
such security interest and said balance, if paid by the landlord, shall
become a part of the costs in such distraint proceedings; and pro-
vided further that such holder of security interest shall render, upon
demand by the landlord, a true statement of the balance due under
such security interest, and, when said balance is paid by the landlord,
shall assign or release unto said landlord such security interest.

17.   Levy on goods of third person; finality of levy; removal of
excluded goods.

(a) Any person who is not a tenant and whose goods are levied
upon on leased premises under distress may within seven days after
the levy file a petition with the court before which the action of
distress is pending for an order to exclude from levy the goods of
such person not a tenant. The petition shall set forth the facts as to
the ownership of the goods and shall be verified by the petitioner. A
copy of the petition shall be served upon the plaintiff and upon the
defendant. If service cannot be made on either, the petitioner shall
certify this fact to the court in writing, stating the reason therefor.
After a hearing held on not more than ten days' notice, and upon
submission of proof satisfactory to the court that the goods are not
the property of the tenant, the court shall issue an order excluding
the goods from levy, which order shall authorize the owner thereof