560

LAWS OF MARYLAND.

CHAPTER 327.

AN ACT to repeal section one hundred and twen-

ty-five, of article sixteen of the Code of Public

General Laws, entitled " Chancery," sub-title

" Sales," and to re-enact the same with amend-

ments.

Repealed,

SECTION 1. Be it enacted by the General Assembly of

amended and
re-enacted.

Maryland, That section one hundred and twenty-five,

of article sixteen of the Code of Public General

Laws, be and the same is hereby repealed, amended

and re-enacted so as to read as follows :

125. When any suit is instituted to foreclose a

mortgage, the court may decree that, unless the debt

Court may de-

and cost be paid by a day fixed by the decree, the

property mortgaged, or so much thereof as may be

necessary for the satisfaction of said debt and cost,

shall be sold, and such sale shall be for cash, unless

the complainant shall consent to a sale on credit, and

if upon the sale, under such docree,of the whole mort-

gaged property, the net proceeds thereof, after the

costs allowed by the court are satisfied, shall not suf-

Shall not suf-

fice to satisfy the mortgage debt and accrued interest,

ilce.

as this shall be found by the judgment of the court

upon the report of the auditor thereof, the court

may, upon the motion of the complainant, enter a

decree in personam against the mortgagor, or other

party to the suit who is liable for the payment thereof;

Proviso.

provided, the mortgagee would be entitled to main-

tain an action at law upon the covenants contained

in said mortgage for said residue of the said mort-

gage debt, so remaining unsatisfied by the proceeds

of such sale, which decree shallhave the same effect

us a judgment at law, and may be enforced only in

like manner by a writ of execution in the nature of

a writ of fieri facias, or otherwise.

Approved April 8, 1876.