J. MILLARD TAWES, Governor                       1579

subject to levy under distress to the same extent as if both were
named in the lease as tenants.

34. Amendment of petition.

A petition for distress, and any other petition or pleading filed in
such a case, may be amended at any time upon such terms as the
court may order.

35.   Death of tenant; action against personal representative.

(a)    Whenever a tenant under a lease of premises has died, or,
if the tenant is a corporation and has ceased to exist, distress may be
brought against the tenant named in the lease regardless of death or
non-existence. Notice of an action of distress shall be given by the
plaintiff to the personal representative of a deceased defendant or
to the officers of a corporation ceasing existence and the plaintiff
shall certify to the court that he has given such notice. In such case
the plaintiff may proceed with levy and sale as provided in this
subtitle.

(b)    If a tenant shall die and no personal representative shall be
appointed by a court having jurisdiction or if the officers of the
non-existent corporation cannot be found and service of process on
such officers has been returned non est, then upon application of the
plaintiff an order may be passed requiring a copy of the petition for
distress to be set up at the court house door at least one week before
the date of sale. Failure of the plaintiff to apply for such an order
shall subject him to suit by the personal representative of the de-
ceased tenant, or by the officer or surviving directors of the non-
existent corporation for any loss or damage sustained. If the plaintiff
makes application for such an order, he shall be under no liability
either to the estate of the deceased tenant, or to the surviving trustees
or officers of the non-existent corporation.

36.   Assignment of leases; liability of assignee.

(a)    In case a tenant has assigned a lease for more than three
months to an assignee, the assignee shall be liable to distress for
any goods on the leased premises as though originally named in the
lease as tenant.

(b)    Any goods of the assignee on the leased premises shall be
subjected to the landlord's distress claim to the same extent as though
the assignee was originally a tenant. Such liability of goods shall
exist regardless of whether the assignment was oral or in writing
and regardless of the terms set out in the assignment. The obligation
of the assignee of the lease for personal liability shall be restricted
to the terms and agreements contained in the assignment of lease.
The exercise of any right herein of the landlord against the assignee
shall not bar any rights the landlord may have against the assignor.

37.   Service of process.

Service of all process by the court following service of the original
petition in distress may be made by ordinary mail. All parties and
claimants are charged with notice of each step of the proceedings and
shall be bound thereby. A claim of non-receipt of a notice mailed to
a party or claimant shall not affect the validity of the order or notice
so given by ordinary mail.