Marvin Mandel, Governor                          1049

balance due under such security interest, and, when said balance is
paid by the landlord, shall assign or release unto said landlord such
security interest.

8-309. Removal of levied goods; bond.

Upon petition of any plaintiff in distress and a showing of a need
for protection thereof, the court shall be empowered to order the
removal of any goods levied upon from the leased premises to such
place as the court may approve pending the sale of the goods.
Removal of goods may be conditioned on the giving of a bond by the
plaintiff in such amount and in such form as the court shall deter-
mine.

8-310. Levy on goods of third person; finality of levy; removal of
excluded goods.

(a)    Any person who is not a tenant and whose goods are levied
upon on leased premises under distress may within seven days after
the levy file a petition with the court before which the action of dis-
tress is pending for an order to exclude from levy the goods of such
person not a tenant. The petition shall set forth the facts as to the
ownership of the goods and shall be verified by the petitioner. A copy
of the petition shall be served upon the plaintiff and upon the defend-
ant. If service cannot be made on either, the petitioner shall certify
this fact to the court in writing, stating the reason therefor. After a
hearing held on not more than ten days' notice, and upon submission
of proof satisfactory to the court that the goods are not the property
of the tenant, the court shall issue an order excluding the goods from
levy, which order shall authorize the owner thereof to remove them
from the leased premises at the said owner's expense free of any
claim of the landlord.

(b)    If no petition to determine ownership of goods is filed by any
third person within seven days after the date of a levy under distress,
all goods on the leased premises and included in the inventory shall
be conclusively presumed thereafter to be the goods of the tenant and
may be disposed of according to the applicable provisions of this
subtitle without any liability to the owner thereof for such disposal.

(c)    If a claimant's petition for exclusion of his goods from dis-
tress is granted by the court, then the order shall provide that the
claimant shall remove his goods at his expense from the leased
premises within a time to be fixed by the court. If the claimant fails
to remove his goods within the time so fixed, then the goods claimed
by him shall no longer be excluded from distress and shall be subject
to the landlord's claim for distress as though no petition for exclusion
had been filed.

8-311. Effect of levy on title to goods; risk of loss of levied goods.

(a)    Levy on goods under distress shall not affect or disturb the
title to the goods. The claim or lien of the landlord under this sub-
title upon the goods shall continue until the goods are sold as
provided herein.

(b)    All risk of loss or destruction of goods of whatever nature
shall be on the owner thereof or the tenant of the leased premises,