860

LAWS OF MARYLAND.— 1825.

papers published in the county where the mortgaged premises
lie; and if no newspaper be published in said county, then,
and in that case the notice aforesaid, shall be published in one
of the newspapers in the county nearest to the mortgaged
premises, where a newspaper is printed, and another copy
thereof to be fixed upon the outward door of the court-house of
the county in which the said premises, or the greater part there-
of, are situate.

Affidavit of
advertise-
ment and
certificate
of sale to be
recorded—
record
evidence.

SEC. 6. And be it enacted, That in every case where the
sale of mortgaged premises in virtue of a special power for that
purpose contained in the mortgage, has taken place, an affidavit
stating the publishing of the advertisement of sale in a news-
paper, and made by the printer of the said newspaper; and
also an affidavit stating the fixing of a copy of the advertise-
ment upon the outward door of the court-house, and made by
the person who fixed the same upon the said door ; and also, an
affidavit stating the circumstances respecting the sale of the
mortgaged premises, and made by the person who acted as
auctioneer at the sale, and certified and recorded as herein after
directed; or the record of either of the said affidavits, shall be
received in every court of law or equity iu this state, as prima
facia evidence of the facts in such affidavit set forth.

Affidavit to
be taken.

SEO. 6, And be it enacted, That the person making either
of the said affidavits shall make the same before a judge of the
county court of the county, or before two justices of the peace
of the city or county iu which the mortgaged premises shall
be in whole or in part ; but where such advertisements of
sale is published in any newspaper in any other city or county
than that in which the said mortgaged premises shall be in
whole or in part, then the said affidavit of publication by the
printer may be made before a judge of the county court of the
county or before two justices of the peace of the city or county
in which such newspaper is printed, and such judge or justices
as the case may be, are hereby required to take said affidavit
and to subscribe his or their name or names to a certificate
underneath the said affidavit, purporting that the person making
the affidavit had appeared before him or them and made oath to
the same.

Clerk di-
rected to
record —
compen-
sation.

SEC. 7, And be it enacted, That in case application shall be
made to the clerk of any county, where the mortgaged premises
shall lie, in whole or in part, to record either of the said affida-
vits, certified and subscribed as aforesaid, then, and in such
case, the said clerk is hereby required to record in his register
of the mortgages, the said affidavit at full length, together with
the certificate of the judge or justices annexed to the same ; for
which service the said clerk is hereby allowed to demand and
receive the like rate of compensation which is allowed him for
recording a deed,