The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 141.
CIIAPTEK TT.
P1eadings, Practice and Process.

AN ACT
To repeal section sixty-four, of Article seven
ty.fve. ofthe Code of Public General Laws,
relating 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 sixty-four,
and TO re. enact the same so as to read as
follows.
Section 1. Be it enacted by the General As
sembly of Maryland, That section sixty four,
of article seventy-6ve. of the Code OF Public
General Laws, relating to Pleadings, Practice
and Process, as amended by chapter two hum
dred and eighty three, of the acts OF anuary
session, eighteen hundred and sixty-four, be,
and the same is hereby repealed and re-enact-
ed so to read as follows.
Sec. a. Whenever any lands or tenments
shall be sold by any sheriff, constable, coro-
ner or elisor, by virtue of any process or exc
cution, 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 trus-
tee of any insolvent petitioner, by any trustee
under any voluntary deed of trust, or by any
MORTGAGE under a mortgage, with power to
sell, and the debtor named in such execution
or decree, the insolvent petitioner, grantor or
mortgagor, in 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 Judge
ment, decree, insolvent application, deed of
trust, or mortgage, respectively, shall be IN
actual possession of the lands and tenements
sold, shall fail or refuse to deliver possession
of the same to the purchaser thereof, the
Judge of the Circuit Court of the county in
which said lands or tenements may be situa-
ed; 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 attorney, unless good cause to the con
trary be shown by the debtor, insolvent petit
toner, grantor or mortagOr, his agent or at
torney, or other person concerned, within not
less than fifteen nor more than thirty days,
from the filing of such application, as afore-
said, issue writ in the nature of writ of
hdbere .fdciGs poSSeSSionem, reciting therein
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 agree
ment with the person in actual possession of
such lands and tenements, at the time of such
sale, whereby the right of such person to re-
main in possession for limited period is Sc
cured, if after the expiration of the period
limited by said agreement, such person shall
refuse or fail to surrender up possession.
Sec 2. And be it enacted, That this act
shall take effect from the date of its passage.
FETTER S. HOBLITZELL,
Speaker of the House of Delegate.
EDWARD LLOYD,
President of the Senate.
Approved March LIST, 1878.
JOHN LEE CARROLL,
Governor of Maryland.
We hereby certify that the aforegoing is a
correct copy of an act passed the General
Assembly of Maryland, at the January SEES
sion, 1878.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk House of Delegates.