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Session Laws, 1965
Volume 676, Page 1575   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1575

shall be held on not more than ten days' notice sent by regular mail
to all of the parties and claimants but the court shall have the power
to postpone the hearing from time to time upon due notice to all
parties. The court at the hearing shall have the power to determine
and decide all issues raised, and is empowered to issue an order of
sale of the goods and to make such orders in connection therewith
as may be required.

(b)    In any final order for the sale of goods distrained, the court
shall have power to increase the amount of the rent claim to an
amount equal to the sum of the plaintiff's original claim plus rent
accruing after the filing of the petition for distress up to the day prior
to the date of sale on which rent may fall due.

(c)    If the tenant named as defendant in an action for distress
shall fail to file an answer to the petition for distress within seven
days after a levy has been made, the court may upon motion of the
plaintiff or on its motions issue an order for sale of the goods dis-
trained.

(d)    The date of sale shall be in the discretion of the court but
shall be held as soon as practicable.

22.   Order to follow removed goods; goods in another jurisdiction;
entry under following goods order.

(a)    Whenever a tenant shall remove his goods from the leased
premises, and the officer can find no goods of the tenant on the
premises, he shall report that fact to the court. The court shall be
empowered, if it is satisfied the goods of the tenant have been re-
moved, to issue an order to follow goods under distress at any time
within six months after filing of an action of distress. The order
shall authorize levy on the goods which have been removed at any
place the goods can be found within the jurisdiction of the court.

(b)    When the goods have been removed outside the jurisdiction
of the court, the plaintiff may file with the court in the jurisdiction
where the goods are located, a certified copy of the original action
of distress, together with a verified petition setting forth the fact
of the original petition for distress, the premises to which the tenant
has removed the goods, and the name and address of the occupant of
such premises. If the occupant of the premises to which the goods
have been removed is a person other than the tenant, an order shall
be served by ordinary or certified mail, or by officer, on such other
person giving him seven days from the date of service of the order
within which to protest seizure of the goods. If not protested, the
order shall become final and shall authorize any officer to seize and
remove the goods.

(c)    Entry to premises under an order to follow goods under
distress may be forcible.

23.   Bond for return of levied goods; order to release goods.

(a) Any person whose goods have been levied upon or seized
under distress may petition the court for the return of the goods,
free of any claim for distress, provided the court may require the
filing of a bond with the court in such form and in such amount as
the court shall determine. The bond shall run to the State of Mary-
land, and indemnify injured persons against all claims for damage
or injury resulting from the release of the goods.


 

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Session Laws, 1965
Volume 676, Page 1575   View pdf image (33K)
 Jump to  
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