The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHATTER al.
PieddinOS, Practice and Process.

ItetttHDSs IJUcttce ana Process.
AN ACT
To repeal section sixty-four, Of Article seven
ty-tve, 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.
ana 10 re enact the same so rs TO read as
follows
Section !. BE 1t enacted by the General As
sembly of Maryland, That section sixty-four.
OF article seventy-6ye. of the Code of Public
General Laws, relating to Pleadings, Practice
and Process, as amended by chapter two hun
dred and eighty-th of the acts of January
session, eighteen hundred and sixty-four, be-
and the same Is hereby repealed and re-enact-
ed so to read as follows.
Sec. g. 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. bv the trus-
tee OF any insolvent petitioner, by any trustee
under any voluntary deed of trust, or by any
mortgage under mortgage, with power to
sell, and the debtor named in such execution
or decree, the lnsolvent petitioner, grantor or
mortgagor, in said deed OF trust or MORTGAGE
St-~A R1ASNA hOlhtAS AAthtE sltn uEnLDTs
lnsolvent petitioner, grantor or mortgagor,
by title subsequent to the date of the Judge
ment, decree, insolveut 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 10 the purchaser thereof, the
Judge of the Circuit Court of the county in
which SAID lands or tenements mag be situa-
I ed; or II 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 peti-
TONER grantor or mortagUr, 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
hd6ere .tdciGs poSSeSsionem, reciting therein
the proceedings which may have been had on
sand 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 Tor 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. .. And be it enacted, That this act
shall take effect from the date of its passage.
FETTER S. H0BLITZELL,
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, 1873
AUGUSTUS GAssAwAY,
Secretary of the Senate,
MHTa. Y. KIbn,
Chief Clerk House of Delegates.