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SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section eighty-eight of Article 75 of the Code of
Public General Laws of Maryland, relating to "Pleadings,
Practices and Process," as amended by Chapter six hundred
and thirty-five of the Acts of eighteen hundred and ninety,
be and the same is hereby repealed and re-enacted so as to
read as follows:
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Pleadings,
practices and
process.
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Sec. 88. Whenever any lands or tenements shall be sold by
any sheriff, constable, coroner or elisor, by virtue of any pro-
cess 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 an 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,
his widows or heirs who are parties to the proceedings in
which such execution was issued or such decree passed, the
insolvent grantor or mortgagor in said deed of trust or mort-
gage, or any person holding under said debtor insolvent, grantor
or mortgagor by title subsequent to the date of the judgment,
decree, insolvent proceedings, deed or trust or mortgage res-
pectively, or any person claiming 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, cases of ten-
ancies created in the lifetime of the devisor, which shall be
fulfilled 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 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, unless good cause to the
contrary be shown by the party or parties in actual posses-
sion, as aforesaid, his or their agents or attorneys, or other
persons concerned, within not less than fifteen days nor
more than thirty days from the filing of such application, as
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Lands or
tenements
sold by process
of court or
justice of the
peace, etc.
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aforesaid, issue a writ in the nature of a writ of habre jacias
possessionem, reciting 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 or 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 contract of tenancy entered into between the devisor and
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Issue a writ.
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