Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1878-05-04
LCHAPrER AL.
PLEADLNGS, PRA C7ICE AND PRO
CESS
AN ACT
MILToN Y. KIDD,
Chief Clerk House Of Delegates.

To repeal section sexty-four of Article seventy
five, Of the Code of Public General Laws, re-
latng to Pleadings Practice and Process, as
amended by Chapter two hundred and eighty
three of the Acts Of the January session of
eighteen hundred and siNty-tour, and to re-
enact the same SO as to read as follows.
Section /. BE it enacted by the General AS
sembly Of Maryland, That section siXty-four, of
article seventy five of the Code of Pubic Cen
eral Laws, relating to Peadings, Practice and
Process Us amended by chapter two hundred
and eighty-threc, Of the acts of January session,
eighteen hundred and sixty-four, be, and the
same is hereby repealed and re-enacted so to
read as follows.
Sec. CA. Whenever any lards or tenements
shall be sold by any sheriff, constable, coroner
or elisor, by virtue of any process or execution,
from any court or Justice of the Peace OF this
State. or by any trustee under the decree OF any
court of this State, by the trustee OF any nsol-
vent petitioner by any trustee under any youn-
tarv deed Of trust, or by any MORTGAGE under
MORTGAGE. with power to sell, and the debtor
named in such execution or decree the insovent
petitioner granIor or mortgagor, i'll SAID deed of
trust or mortgage, or any other person holding
under said debtor, insolvent petitioner, grantor
or mortgagor by title subsequent to the date of
the judgement, decree, insovent application,
deed of trust, or mortgage, respectively, shall
be in actual possession of the lands and tenc-
mcnts sold shall fail refuse to deliver posses
sion of the same to the purchaser thereof, the
Judge of the Circuit Court OF the county IN
which said lands or tenemcutS may be situated !;
or if situate in the city of Baltimore, the Judge
Of the Circuit Court or of the Superior Court,
shall. on application in writing, to be verified
by the affidavit of the purchaser, or his attor-
ney, unless good cause to the contrary be shown
BY the debtor, insolvent petitioner, grantor or
mortagor, his agent or attorney, or other person
concerned within not less than fifteen nor more
than thirty days, from the filing OF such appica-
ton as aforesaid, issue a writ i'll the nature Of 4
writ of habere fdcds posseSsionens, reciting there
in the proceedings which may have been had
on said process, thereby commanding the said
sheriff, constable coroner or elIsor, to deliver
possession Of the said lands and tenements, to
the purchaser thereof and no such judge shall
refuse TO issue such writ because such purchaser
may have entered into an agreement with the
person in actual possession of such lands and
tencmeuIs at the time Of such sale, whereby the
right of such person to remain in possession for
II limited period is secured, if after the expiration
Of the period limited By said agreement, such
person shall refuse or fail to surrender UP pos
session.
Sec. q And be it enacted, That this act shall
take effect from the date CT its passage.
FETTER S. HOBLITZELL,
Speaker of the House Of Delegates
EDWARD LLOYD,
President of the Senate
Approved March LIST, 1878.
JOHN LEE CARROLL,
Governor of Maryland.
| We hereby certify, that the aforegoing is II
correct copy of an act passed the General
Assembly of Maryland, at the January ses-
sion, 1878.
AUGUSTUS GAssAWAY,
Secretary of the Senate
MnToN Y KIDD,
Chief Clerk House OF Delegates.