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Session Laws, 1972
Volume 708, Page 1051   View pdf image
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Marvin Mandel, Governor                       1051

(b)    When the goods have been removed outside the jurisdic-
tion of the court, the plaintiff may file with the court in the jurisdic-
tion where the goods are located, a certified copy of the original
action of distress, together with a verified petition setting forth the
fact of the original petition for distress, the premises to which the
tenant has removed the goods, and the name and address of the
occupant of such premises. If the occupant of the premises to which
the goods have been removed is a person other than the tenant,
an order shall be served by ordinary or certified mail, or by officer,
on such other person giving him seven days from the date of service
of the order within which to protest seizure of the goods. If not
protested, the order shall become final and shall authorize any
officer to seize and remove the goods.

(c)    Entry to premises under an order to follow goods under
distress may be forcible.

8-315. Bond for return of levied goods; order to release goods.

(a)    Any person whose goods have been levied upon or seized
under distress may petition the court for the return of the goods, free
of any claim for distress, provided the court may require the filing
of a bond with the court in such form and in such amount as the
court shall determine. The bond shall run to the State of Maryland,
and indemnify injured persons against all claims for damage or
injury resulting from the release of the goods.

(b)    The court shall have the power in its discretion to order the
release from any claim for distress of any goods, in whole or in part,
when request for such release is made by an order consented to in
writing by all parties to the action of distress. No bond shall be
required for release of any goods in such case.

8-316. Order to make forcible entry after levy on goods.

Whenever goods have been levied upon under distress and remain
upon the leased premises, and the officer is unable to gain access to
the goods without force, the court may issue an order authorizing
the officer to enter the premises by force.

8-317. Notice of sale.

Notice of sale of goods under an action of distress shall be given
in a newspaper or newspapers published at least once weekly and
having general circulation within the jurisdiction of the court. The
notice shall be published at least one time or for such additional
number of times as the court may designate. If there is no news-
paper meeting the requirements of this section, notice may be made
by posting it on the door of the courthouse. The notice of sale shall
be published or posted at least seven days in advance of the date of
the sale and the sale shall be held not more than 28 days after notice
of sale. The notice shall contain the time and location of the sale.

8-318. Manner of sale; removal for sale.

Sales under distress shall be made only at public auction. The
officer shall be authorized in his discretion to remove the goods from
the leased premises to some suitable place for auction or the sale may
be held on the leased premises. Cost of the removal of goods for sale
shall be included as costs of the sale.


 

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Session Laws, 1972
Volume 708, Page 1051   View pdf image
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