Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1886-05-27
CHAPTER 04.

CHAPTER 504.
AN ACT to repeal section sixty-four
Of Article seventy-fiye, Of the Cod
Of Public General Laws, relating t.
Pleadings. Practice and Process, a
amended by chapter two hundred
and eighty-:hree, OF the Acts of tn.
January Session. eightssn hundred
and sixty-foor: ezsslSas febealed ane
re-enacted and amended by chapter
one hundred and forty-one, of the
Acts Of the January Session
eighteen hundred and seventy ght
and to re-enact said section amend.
ed.
SECTION l. Be it enacted by the Gen
eral Assembly Of Maryland, That sec
tion sixty four, of Article seventy-five
of the Code CT Public General Laws
relating to Pieadings, Practice and Pre-
cess, as amended by chapter two hun
dred and eighty three, Of the Acts oi
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and sixty-four and as repealed and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the same is hereby, repealed and re-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 10 read as follows:
SEC. ca. Whenever any lands ol
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 mortgage under any power in
any mortgage; by any executor or
executors, or any other person under
any power in will, and the debtor
named iii such execution or decree
the insolvent grantor or mortgagor
IN said deed of trust or mortgage, OF
any person holding under said debtor
insoIvent GrantOr or mortgagor. by
title subsequent to the date OF the
Judgment decree, insolvent proceed
Ings, deed Of trust or mortgage. re-
spectIvely, or any person claiming
under the devisor of said will. shall be
in actual possession of the land and
tenemcnts sold, and shall fail or refuse
to deliver possession Of the same to
the purchaser thereof; excepting, how
ever. case of tenancies created in the
lifetime OF the devisor which shall be
fulfilled, a now allowed by law, the
Judge OF the Circuit Court of the coun-
tv in which said lands or tenements
may he situate. or If situate in the city
O.: Baltimore, the Judge of the Cir
cult Court or Of the Superior Court Of
Baltimore city shall, on application in
Writing, to be verified by the affidavit
OF the purchaser, or his attorney, un-
less good cause to the contrary be
shown by tue party or parties in ac-
tual possession as 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 a writ in the nature
Of writ OF huLcr, fpriaS poSScS&iencm,
recitlng therein the proceedings
which may have been had in said
process. thereby commanding the
Sheriff Of the county, Coroner or
E!isor to deliver possession of the said
lands and tenements to the purchaser
thereof, and in cases of sales made by
virtue Of power contained III wills,
the Judge shall grant svch 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-
INIT such person to remain in posses
sion for 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 in possession
has expired.
SECTION ;. And be it enacted. That
this Act shall take effect from the date
OF It's passage
Approved April :. 1886.
We hereby certify, that the afore-
going Is correct copy of an Act of
the General Assembly Of Mary land,
passed January Session. lSSG.
F.. b. rRETrYMAN,
Chief Clerk of the House OF Delegates.
". q. rUENELL.
Secretary OF the Senate.