The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1886-05-21
Public General LUzOs.

two hundred and eighty three, of the Acts of
January Session, of eighteen hundred and
sixty-four, and as repealed and re-enacted
and amended by chapter one hundred and
forty one, of the Acts of the January Session,
eighteen hundred and seventy eight, be, and
the same is hereby, repealed and re.enacted
so as 60 read as follows
SEC. "a. Whenever any lands or tene-
ments shall be sold by any Sheriff, Constable,
Coroner or Ellison, 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 States by any
Trustee, by appointment Of any insolvent
Court by any Trustee under any voluntary
deed Of trust by any mortgage under any
power In any mortgage; by any executor or
any other person under any power in will,
and the debter named in such execution or
decree; the insolvent grantor or mortgagor in
said deed OF trust or mortgage, or any per.
son holding under said debtor, insolvent
grantor or mortgagor, by title subsequent to
the date of the judgment decree, insovent
proceedings, deed of trust or mortgage re-
spectively, or any person claiming under the
devisor of said Will, shall be in actual posses
sion OF the land and tenements sold, and shall
fail or refuse to deliver possession of the same
to the purchaser thereof; excepting, however,
the devisor which shall be fulfilled, as now
allowed by law, the Judge of the Circuit Court
of the county in which said lands or tene-
ments may be situate, or If situate in the city
of Baltimore, the Judge of the Circuit Court
or of the Superior Court of Baltimore CITY
shall, on application in writing, to be veri-
fled by the affidavit Of the purchaser, or his
attorney unless good cause to the contrary
be shown by the party or parties in actual
possession as aforesaid, his or their agents or
attorneys, or other persons concerned, with
in not less than fifteen days or more than
thirty days from the filing ofsuch application
as aforesaid issue writ in the nature of
writ of hdbere .facias pOSseSSi0nen, recitlng
therein the proceedings which may have been
had in said process, thereby commanding the
Sheriff of the county, Coroner or Elisor to
deliver possession of the said lands and tene-
ments to the purchaser thereof; and in cases
OF sales made by virtue of power contained
in wills, The Judge shall grant such wrts if it
appear on such application that the contract
OF tenancy entered into between the devisor
and tenant in possession has expired, ana In
cases when the purchaser has entered into an
agreement with the person in actual posses
sion of such lands and tenements at the time
OF such sale to permit such person to
remain in possession for limited period, the
Judge shall grant the said writ If it appears
in said application the period limited by such
agreement between the purchaser and the
person in possession has expired.
SECTION 2. And be ii enacted, That this
Act shall take effect from the date of its pas
sage.
Approved April 7, 1886.
We hereby certify, that the aforegong is
correct copy Of an Act of the General Assem-
bly, of Maryland, passed January Session,
1886
E. b. PRETTYMAN,
Chief Clerk of the House of Delegates.
W. G. PURNELL,
Secretary of the Senate |