1900. ] OF THE HOUSE OF DELEGATES. 289

vent, grantor or mortgagor by title subsequent to the
date of the judgment and decree, insolvent proceedings,
deed of trust or mortgage respectively, or any person claim-
ing under the devisor of said will shall be in actual
possession of the lands and tenements sold, and shall
fail or refuse to deliver possession of the same to the
purchaser thereof, excepting, however, case of tenancies
created in the lifetime of the devisor, which shall be ful-
filled as now allowed by law, the Judge of the Circuit
Court for the county in which said lands or tenements
may be situate, or if situate in the city of Baltimore, the
Judge of the Circuit Court, the Superior Court, the Court
of Common Pleas or the Baltimore City Court, shall, on
application in writing, to be verified by the affidavit of
the purchaser or his attorney, unless good cause to the
contrary be shown by the party or" parties in actual pos-
session 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 a
writ of habere facias possessionem, reciting therein the
proceedings which may have been had in said process, there-
by commanding the sheriff of the county, coroner or elisor
to deliver possession of the said lands and tenements to
the purchaser thereof, and in cases of sales made by
virtue of power contained in wills, the Judge shall grant
such writs if it appear on such application that the con-
tract of tenancy entered into between the devisor and
tenant in possession has expired, and in cases where the
purchaser has entered into an agreement with the person
in actual possession of such land and tenements at the
time of such sale to permit such person to remain in pos-
session for a limited period, the Judge shall grant the
said writ if it appears in said application that the period
limited by such agreement between the purchaser and
the person in possession has expired and should the party
or parties so evicted by writ of habere as aforesaid re-
enter upon said property or any part of the same with-
out the consent of the purchaser, he or they shall
be deemed guilty of a misdemeanor, and upon
conviction thereof, either before a Justice of the Peace
or in the Circuit Court of any county for the State, or
the Criminal Court of Baltimore city, he. shall be fined

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