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Session Laws, 1972
Volume 708, Page 1050   View pdf image
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1050                             Laws of Maryland                      [Ch. 349

regardless of whether the goods have been removed from the leased
premises by the officer, except that the officer shall be responsible
to the owner of the goods for wilful damage thereto.

8-312. Expense of removing goods; liability for removal of goods
affixed to realty.

(a)    The expense of removal of any goods from the leased prem-
ises to any other place for storage pending sale, including the ex-
pense of removal of goods which are affixed to the realty, shall be
included as a part of the costs of distress.

(b)    No liability shall be incurred by any officer for the removal
of goods which are affixed to the realty. The officer may require the
plaintiff to furnish an indemnity bond to the officer to protect him
from any claims for damage or injury to persons or property
caused by the officer's removal for purposes of sale of goods which
are affixed to the realty.

8-313. Answer to petition; hearing; final order of sale.

(a)    The defendant in an action of distress may file an answer
to the action, setting forth any defenses he may have to the action,
including, but not limited to, excessive rent distrained for, or that the
rent sued is not distrainable. Hearing on the defendant's answer
shall be held on not more than ten days' notice sent by regular mail
to all of the parties and claimants but the court shall have the power
to postpone the hearing from time to time upon due notice to all
parties. The court at the hearing shall have the power to determine
and decide all issues raised, and is empowered to issue an order of
sale of the goods and to make such orders in connection therewith
as may be required.

(b)    In any final order for the sale of goods distrained, the court
shall have power to increase the amount of the rent claim to an
amount equal to the sum of the plaintiff's original claim plus rent
accruing after the filing of the petition for distress up to the day
prior to the date of sale on which rent may fall due.

(c)    If the tenant named as defendant in an action for distress
shall fail to file an answer to the petition for distress within seven
days after a levy has been made, the court may upon motion of the
plaintiff or on its motions issue an order for sale of the goods dis-
trained.

(d)    The date of sale shall be in the discretion of the court but
shall be held as soon as practicable.

8-314. Order to follow removed goods; goods in another jurisdic-
tion; entry under following goods order.

(a) Whenever a tenant shall remove his goods from the leased
premises, and the officer can find no goods of the tenant on the
premises, he shall report that fact to the court. The court shall be
empowered, if it is satisfied the goods of the tenant have been
removed, to issue an order to follow goods under distress at any time
within six months after filing of an action of distress. The order
shall authorize levy on the goods which have been removed at any
place the goods can be found within the jurisdiction of the court.


 

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Session Laws, 1972
Volume 708, Page 1050   View pdf image
 Jump to  
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