588 SALES AND NOTICES. [ART. 83.

of Baltimore, it shall be published in one or more of the daily
newspapers published in said city.

8. In every case in which notice by publication in a newspaper
is required to be made by any sheriff, coroner, elisor, constable
or other officer, the defendant shall have the right to select the
newspaper in which such notice shall be published, and upon his
refusal or neglect so to do, the officer shall make publication
in the newspaper making the lowest charge for the advertise-
ment.

9. Every constable or sheriff who shall sell any lands, tene-
ments or hereditaments, or any interest therein, by virtue of an
execution from a justice of the peace, shall make return of the
said writ and all his proceedings thereunder in and about said
sale, therein setting forth the terms and length of notice, and
manner and times and places of publication or giving notice of
said sale, to the justice authorized to receive the return of said
writ, who shall forthwith deliver all of the said return, together
with the warrant and the proceedings of the justice thereunder,
to the clerk of the Circuit Court of the county or of the Superior
Court of Baltimore city, as the case may be.

10. The said sale, as to any lands or tenements, or any interest
or estate therein, shall not pass or give any title or interest to
the purchaser, until such sale, after the delivery of the proceed-
ings aforesaid to the said clerk, shall by the court have been on
motion and notice as the said court as to mode and parties shall
direct, finally ratified and confirmed.

11. The court, under said notice, may examine into any allega-
tions of fraud or surprise as to the obtaining or rendering the
judgment under which the sale shall have been made, and if the
court shall deem the judgment to have been obtained by fraud
or surprise, it shall vacate and annul the same and the sale afore-
said without prejudice to the right of proceeding on the original
cause of action.

12. If the court shall deem the sale to have been made un-
fairly, without due notice, or under any circumstances tending
to prevent the estate sold from bringing a fair or full value, the
court shall vacate and set aside the sale, saving to the party
entitled to the benefit of the judgment to have further execution
of the said judgment issued by any justice of the peace of said