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Session Laws, 1965
Volume 676, Page 1574   View pdf image (33K)
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1574                             LAWS OF MARYLAND                       [CH. 915

to remove them from the leased premises at the said owner's expense
free of any claim of the landlord.

(b)    If no petition to determine ownership of goods is filed by any
third person within seven days after the date of a levy under distress,
all goods on the leased premises and included in the inventory shall
be conclusively presumed thereafter to be the goods of the tenant
and may be disposed of according to the applicable provisions of this
subtitle without any liability to the owner thereof for such disposal.

(c)    If a claimant's petition for exclusion of his goods from dis-
tress is granted by the court, then the order shall provide that the
claimant shall remove his goods at his expense from the leased
premises within a time to be fixed by the court. If the claimant fails
to remove his goods within the time so fixed, then the goods claimed
by him shall no longer be excluded from distress and shall be subject
to the landlord's claim for distress as though no petition for exclusion
had been filed.

18.   Effect of levy on title to goods; risk of loss of levied goods.

(a)    Levy on goods under distress shall not affect or disturb the
title to the goods. The claim or lien of the landlord under this sub-
title upon the goods shall continue until the goods are sold as provided
herein.

(b)    All risk of loss or destruction of goods of whatever nature
shall be on the owner thereof or the tenant of the leased premises,
regardless of whether the goods have been removed from the leased
premises by the officer, except that the officer shall be responsible
to the owner of the goods for wilful damage thereto.

19.   Removal of levied goods; bond.

Upon petition of any plaintiff in distress and a showing of a need
for protection thereof, the court shall be empowered to order the
removal of any goods levied upon from the leased premises to such
place as the court may approve pending the sale of the goods. Re-
moval of goods may be conditioned on the giving of a bond by the
plaintiff in such amount and in such form as the court shall determine.

20.   Expense of removing goods; liability for removal.

(a)    The expense of removal of any goods from the leased premises
to any other place for storage pending sale, including the expense
of removal of goods which are affixed to the realty, shall be included
as a part of the costs of distress.

(b)    No liability shall be incurred by any officer for the removal
of goods which are affixed to the realty. The officer may require the
plaintiff to furnish an indemnity bond to the officer to protect him
from any claims for damage or injury to persons or property caused
by the officer's removal for purposes of sale of goods which are affixed
to the realty.

21.   Answer to petition; hearing; final order of sale.

(a) The defendant in an action of distress may file an answer to
the action, setting forth any defenses he may have to the action,
including, but not limited to, excessive rent distrained for, or that the
rent sued is not distrainable. Hearing on the defendant's answer


 

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Session Laws, 1965
Volume 676, Page 1574   View pdf image (33K)
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