Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-05-03
ICHAPTER l4l.
PLEADLNGS, PRA CTICE AND PR
CESS.
NILTUN I. NIDDi
Chief Clerk House Of Delegates.
AN ACT

y
To repeal section sexty-four, of Article sevent
FIVE of the Code Of Public General Laws,
lating to Pleadings Practice and Process,
amended by Chapter two hundred and eigh-
three, of the Acts of the January session.
eighteen hundred and sixty four, and to +
enact the same so as to read as fellows.
Section |. Be it enacted by the General s.
sembly of Maryland, That section sixty-fouTot
article seventy five of the Code Of Public On
eral Laws, relating to Pleadings, Practice nd
Process, as amended by chapter two huned
and eighty-three, Of the acts of January ses,n,
eighteen hundred and sixty-four, be, andhe
same is hereby repealed and re-enacted to
read as follows.
Sec "a. Whenever any lards or teneens
shall be sold by any sheriff, constable, c8ner
or elisor, by virtue of any process or exeqlon,
from any court or Justice of the Peacef this
State. or by any trustee, under the dec'eCo any
court Of this State, by the trustee of IN nsol-
vent petitioner, by any trustee under an volun-
tary deed Of trust, or by any mortgage Under
mortgage with power to sell, and u debtor
named in such execution or decree, thensOlvent
petitioner, granlor or mortgagor, in sd deed of
trust or mortgage, or any other persos holding
under said debtor, insolvent petitione. grantor
or mortgaGor by title subsequent TO e date OF
the judgement, decree, insolyent ALLEGATION,
deed of trust, or mortgage, respectfully, shall
be in actual possession Of the land and tene-
ments sold, shall fail or refuse to deler posses
sion of the same to the purchaser iereof, the
Judge of the Circuit Court of thcounty in
which said lands or tenements may Estimated I;
or if situate in the city of Baltimorethe Judge
of the Circuit Court, or of the Suplor Court,
shall. on application in writing, TIDE verified
by the affidavit Of the purchaser, Drills attor-
ney, unless good cause to the contrayBe shown
by the debtor, insolvent petitioner CANTOR or
mortagor, his agent or attorney, or Jtfr person
concerned, within not less than iiftefnor more
than thirty days, from the filing of sub appica-
ton, as aforesaid, issue writ in the ature OF a
writ of ha6eTe fdcias possessiOnen recing there
in the proceedings which may havebeen had
on said process, thereby commandig the said
sheriff, Unstable, coroner or elsorto deliver
possession of the said lands and dement's, to
the purchaser thereof; and no sucl1udge shall
refuse to issue such writ because SUD purchaser
may have entered into an agreeuht with the
person in actual possession of SUD lands and
tenements, at the time of such sale whereby the
right of such person to remain in Pssesslon for
a limited period is secured, if after te expiration
of the period limited BY said agIement, such
person shall refuse or fail to surMder up pos
session.
Sec. 2. And be it enacted, Thathis act shall
take effect from the date CT its paslge.
FETTER S. HoBLITzLL,
Speaker of the House of Elegates
EDWARD LLOYD,
President of tie Senate.
Approved March LIST, 1873.
JOHN LEE CARROLL
Governor dMaryland.
We hereby certify, that the foregoing is
correct copy Of an act pas ia the General
Assembly of Maryland, at le January Ses-
sion, 1873.
AUGUSTUS QssAwAY,
Secretar of the Senate.
MILTON ADD,
Chief Clerk Houslof Delegates.