clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1965
Volume 676, Page 1576   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1576                              LAWS OF MARYLAND                       [CH. 915

(b) The court shall have the power in its discretion to order the
release from any claim for distress of any goods, in whole or in part,
when request for such release is made by an order consented to in
writing by all parties to the action of distress. No bond shall be
required for release of any goods in such case.

24. Order to make forcible entry to levy on goods.

Whenever goods have been levied upon under distress and remain
upon the leased premises, and the officer is unable to gain access to
the goods without force, the court may issue an order authorizing the
officer to enter the premises by force.

25.   Notice of sale.

Notice of sale of goods under an action of distress shall be given
in a newspaper or newspapers published at least once weekly and
having general circulation within the jurisdiction of the court. The
notice shall be published at least one time or for such additional
number of times as the court may designate. If there is no newspaper
meeting the requirements of this section, notice may be made by
posting it on the door of the court house. The notice of sale shall be
published or posted at least seven days in advance of the date of the
sale and the sale shall be held not more than 28 days after notice of
sale. The notice shall contain the time and location of the sale.

26.   Manner of sale; removal after sale.

Sales under distress shall be made only at public auction. The
officer shall be authorized in his discretion to remove the goods from
the leased premises to some suitable place for auction or the sale
may be held on the leased premises. Cost of the removal of goods
for sale shall be included as costs of the sale.

27.   Unsold goods; disposition.

(a)    Upon a sale under distress, only such goods shall be sold as
are necessary to satisfy the claim for rent due and to pay all costs.
Any unsold goods shall be returned to the tenant if they have been
removed or they shall be left on the premises. Any surplus of monies
remaining after the sale, payment of the rent claim and all costs shall
be returned to the tenant or paid as provided by order of the court.
The cost of returning unsold goods to the premises, if removed, shall
be included as costs of the sale.

(b)    At a sale the goods of the tenant shall be sold first and in
their entirety if necessary to satisfy the claim for rent and costs
before any distrainable goods of others shall be sold. The sale of
goods of others shall be made only to the extent which may be
necessary to satisfy the rent claim and all costs.

(c)    In case any surplus of monies or unsold goods remain in the
hands of an officer upon completion of proceedings in an action of
distress and after payment of all claims and costs incurred, a judg-
ment creditor or other person claiming a right to the monies or goods
shall have the right to petition the court in which the action was
brought for payment of his judgment or claim out of such excess of
money or goods, plus court costs expended by such creditor or claim-
ant. The court shall have the right, after hearing on the petition, to
direct payment of the monies or goods, or to order the sale of goods


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1965
Volume 676, Page 1576   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives