1044

LAWS OF MARYLAND,— 1831.

To be
recorded.
Clerks fee.

cording said clerk shall be paid at, and after the rates, and in
manner, as he is now entitled to be paid for recording sales as
aforesaid, and a copy of such record, certified by the said clerk

Copy made
evidence.

under the seal of said court, shall be evidence of the matters
therein set forth, in all courts of law or equity in this state.

Such sale
as to real
estate, of
no effect
until confir-
mation by
the county
court.

SEC. 3. And be it enacted, That said sale, as to any land,
tenements, or real estate, or interest, or estate, in, of, relating to,
or growing out of, any lands, tenements, or real estate, shall
have no effect to pass or give any right or title, or interest,
whatsoever, to the purchaser or purchasers, until such sale, after
the delivery of the proceedings aforesaid to the clerk aforesaid,
shall, by the county court aforesaid, have been, on motion and
notice given, as said court shall, as to mode and parties, direct,
be finally ratified and confirmed ; and the said county court,

Court di-
rected to
examine
into.

under said notice, shall be authorized to examine into any alle-
gations of fraud, or surprise ; as to the obtaining or rendering
the judgment, under which such sale shall have been made;
and if said court shall deem the judgment aforesaid to have
been obtained or had by fraud or surprise, it shall vacate and

May annul
the sale.

annul the same, and the sale aforesaid, without prejudice to the
right of further proceeding on the original cause of action ; and
if said court shall deem said sale to have been made unfairly,
without due notice, or under any circumstances tending to pre-

Reserving
plaintiff's
right.

vent the estate sold from bringing a fair or full value, the said
court shall vacate and set aside the said sale, saving, however,
to the party entitled to the benefit of the judgment, to have fur-
ther execution of said judgment, issued by any justice of the
peace of said county, on a certified copy, under seal of said
county court, of the said judgment; and if the said court shall

May con-
firm the sale

ratify and confirm the said sale, said ratification and confirma-
tion shall be deemed and taken as conclusive evidence of the
sufficiency and regularity of the notice required as aforesaid,
and manner of making such sale.

Deed of the
constable or
sheriff for
property so
sold, con-
firmed.

SEC. 4. And be it enacted, That any deed or deeds of bargain
and sale, duly executed and acknowledged by any constable or
sheriff, for any lands and tenements or real estate or interest or
estate, in, of, relating to, or growing out of, any lands, tene-
ments or real estate, sold by virtue of any fieri facias or vendi-
tioni exponas or any judgment of a justice of the peace, shall
be good and effectual, to transfer and convey to any purchaser
or purchasers, his or their heirs, executors or administrators or
assigns, any right or estate, to or in the premises, which by
such grantees may be legally acquired under and by virtue of

Proviso.

any such sale ; Provided, such sale be ratified and confirmed as
aforesaid.

Provisions
of the act of

SEC. 5. And be it enacted, That the act passed at December
session, in the year eighteen hundred and twenty-five, chapter