Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-12-17
CHAPTER 5O4.


CHAPTER 504.
AN ACT to repeal section sixty-four.
of Article seventy-tive, OF the Code
of P.hlic General Laws, relating to
Pleadings, Practice and Process, as
amended by chapter two hundred
and eighty-three. of the Acts of the
January Session, 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 and as repealed and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.
and To re-enact said section amended.
SECTION |. BE 1t enacted by the General
AS>embiy et Maryland, That section
sixty-four. of Article seventy five. of
the Code of Public General Laws. re-
lating To Pleadings, Practice and Pro-
cess, rs amended by chapter two hun
dred and eighty-three. of the Acts of
January Session, of eighteen hundred
and Sixty-tour. and as repealed and
re-enacted and amended by chapter
one hundred and torty-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 repealed and re-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 to read as follows:
SEC. 81. Whenever any lands or
tenements shall be sold by any Sheriff.
Constable. Coroner or EliSor. by vir-
the 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 any Trustee. by appointment of
any insolvent Court by any Trustee
under any voluntary deed of trust: by
any mortgagee under any power in
any mortgage; by any executor or
executors. or any other person under
any power IN a will. and the debtor
named IN such execution or decree.
the Insolvent grantor or mortgagor
in said deed OF Trust or mortgage. or
any person holding under said debtor.
lnsolyent grantor or mortgagor. by
title subsequent to the date of the
judgment decree. insolyent proceed
IugS, deed of trust or mortgage. re-
spectlvely. or any person claiming
under the devisor OF said will. shall be
IN actual possession of the land and
tenement> sold. and shall fail or refuse
to deliver possession of the same to
the purchaser thereof; excepting, how
ever. ease of tenancleS created In the
lifetime of the deviSor which shall be
fulfilled. rs now allowed by law. the
Judge Of the Circuit Court of the county
IN which SAID lands or tenements may
he situate. or II situate in the city
of Baltimore. the Judge of the Cir
cult Court or of the Superior Court of
l., Ill
writing. to be verified by the affidavit
ot the purchaser. or his attorney, un
less good cause 10 the contrary be
shown by the party or parties In ac-
tuai possession "a aforesaid, his or
their agents or attorneys, or other
persons concerned. within not less than
fifteen days or more than thirty days
from the filing of such application as
aforesaid. issue writ in the nature
OF a writ of hd6vre .fdcias p0sseSsi0ReDi,
reclting therein the proceedings
which may have been had in said
process, thereby commanding the
| Sheriff OF the county, Coroner or
| EllSor to deliver possession of the said
lands and tenements to the purchaser
| thereof; and III cases of sales made by
the Judge shall grant such writs if it
appear on such application that the
contract of tenancy entered into be-
tween the devlsor and tenant in pos
session has expired, and in cases when
| the purchaser has entered into an
agreement with the person in actual
possession of such lands and tene-
ments at the time of such sale to per-
NIT such person to remain in posses
Sron tor "a limited period, the Judge
shall grant the said writ. if it appears
in said application the period limited
by such agreement between the pur-
chaser and the person il possession
has expired.
SECTION ,. And he il enacted, That
this Act shall take effect from the date
of Its passage.
Approved April Z. 1856.
We hereby certify. that the aforegoing is a
correct copy OF an Act OF the General Assem-
bly, OF Maryland, passed January Session. 1876.
T.. h. PRETTYMAN,
Chief Clerk of the House OF Delegates
W. G. PURNELL,
Secretary OF the Senate