J. MILLARD TAWES, Governor 1577
in the same manner and after proceedings similar to those in attach-
ment or execution. Any exemption allowed by law shall be allowed
in these proceedings if claimed.
28. Security for costs.
The officer may require a plaintiff to indemnify the officer for the
anticipated costs of sale, either in the form of a surety bond, or by a
certified check payable to the order of the officer in an amount suf-
ficient to pay all expenses of the sale.
29. Costs of distress; items included, additional costs.
(a) The costs charged in actions of distress shall be as follows:
(b) When the amount of rent distrained for is $500.00 or less,
the costs for a petition for distress shall be $10.00 regardless of the
number of defendants to be served at the leased premises. If the
amount of rent distrained for exceeds $500.00, then in addition to
the costs hereinabove set forth, the additional costs shall be $5.00
for each additional $500.00 or a fraction thereof of rent distrained
for. In addition there shall be a charge of $2.00 for each defendant
to be served at an address other than the leased premises. If any
defendant is not a resident of, or amenable to service in a county or
in Baltimore City where the leased premises are located, service may
be made upon such defendant by registered or certified mail. If any
such service is returned by the Post Office Department as refused
by the addressee or by the addressee's agent, then the process shall
be sent by ordinary mail and the defendant returned as summoned.
The cost of any re-issue of summons for a defendant shall be $2.00.
(c) The officer shall be entitled to additional costs as follows:
(1) If the distress leads to an actual sale of property, the officer
may charge and collect a poundage fee computed on the sale price
of the property sold, as follows:
(2) For personal property: 3% of the first $5,000.00 of sale price,
plus 2% of the second $5,000.00 of sale price, plus 1% of any portion
of the sale price in excess of $10,000.00. Under this paragraph in
any event the minimum fee is $3.00 and the maximum fee is $500.00.
(3) The costs for filing a petition and service thereof on one other
party or claimant shall be $2.00. In addition, there shall be a charge
of $2.00 for service upon each additional person, whether party or
claimant or any attorney of record.
(d) The actual costs of sale, including publication of notice of
sale, auctioneer's fees, cost of removal or storage of goods pending
sale or for sale, and cost of returning unsold goods to the premises
after sale.
(e) Filing costs shall be paid at the time of filing the action, and
other costs at the time of filing subsequent petitions. The award and
distribution of costs shall be in the discretion of the court.
30. Rights of third party when goods sold under distress.
Whenever the goods of a third party are distrained upon and sold
under an action of distress, the third party shall have a right of action
against the tenant for damages for any loss sustained by the third
|