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Session Laws, 1972
Volume 708, Page 1048   View pdf image
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1048                             Laws of Maryland                      [Ch. 349

(b)    When the term of a lease is for more than fifteen years, levy
shall be made solely on the goods of the tenant or owner of the
leasehold interest found on the leased premises, and the goods of any
subtenant or of any third party on the leased premises shall not be
subject to levy under distress.

(c)    The goods and chattels and property of the tenant who has
paid his rent to the owner of the leasehold estate shall be absolutely
exempt from distraint for ground rent if any is due and owing to
the ground-rent landlord by the owner of the leasehold estate.

8-306. Levied goods in custody of Court.

Goods levied upon under distress shall be held thereafter in cus-
todia legis.

8-307. Entry under levy; forcible entry; time of levy.

(a)    In making levy under an action of distress, no forcible en-
trance shall be made into leased premises occupied and used as a
dwelling without a court order. If entry cannot be gained by the
levying officer into such premises, the plaintiff may file a verified
petition with the court for an order directing forcible entry into the
leased premises.

(b)    Forcible entry may be made for the purpose of levy into any
property or buildings other than those specified in subsection (a)
above.

(c)    Levy under an action of distress may be made at any hour
of the day or night.

8-308. Exemptions from levy; chattels subject to security interest.

(a)    The following shall be exempt from distress when the prop-
erty of the tenant:

(b)    Hand-powered and operated tools used by a tenant in his
occupation or livelihood;

(c)    Law books of an attorney;

(d)    Hand-operated instruments of a physician or surgeon;

(e)    Medical books of a physician or surgeon;

(f)    Files and professional records of an attorney or of a phy-
sician or a surgeon;

(g)    The prior recorded security interest in all chattels in which
the tenant has an interest. The landlord in his petition shall certify
as to the existence of a recorded security interest in any of the
chattels of the tenant. In the case of a recorded conditional contract
of sale or chattel mortgage or any other security interest which shall
have been recorded prior to the levy under said distraint, the land-
lord shall either release such property from the distraint pro-
ceedings or pay to the holder of such security interest the balance
due under such security interest and said balance, if paid by the
landlord, shall become a part of the costs in such distraint pro-
ceedings; and provided further that such holder of security interest
shall render, upon demand by the landlord, a true statement of the


 

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Session Laws, 1972
Volume 708, Page 1048   View pdf image
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