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Session Laws, 1833
Volume 210, Page 210   View pdf image (33K)
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JAMES THOMAS, ESQUIRE, GOVERNOR.

1833.

passing of a decree as hereinafter mentioned, it shall and
may be lawful for the mortgagees or their assigns, at any
time after filing the same to be recorded, to submit to the

CHAP. 181.

Chancellor, or to Baltimore county court or any Judge
thereof, the said conveyances or copies under seal of said
county court thereof, and the said Chancellor or court or
Judge aforesaid, may hereupon forthwith decree, that the
mortgaged premises shall be sold at any one of the periods
limited in said conveyances for the forfeiture of said mort-
gages, or limited for a default of the mortgagors, and on
such terois of sale as to the Chancellor, court or Judge shall
seem proper; and shall appoint by said decree a Trustee or
Trustees for making such sale, with requisition of bond and
surety for performance of the trust as is noiv usual in cases
of sales of mortgaged property.

Court may forth-
with decree sate

And appoint trus-
tee, &c

Sec. 3. And be it enacted, That the suid Trustee pl
Trustees, after giving bond with surety as aforesaid, may
after the arrival of the period limited by the said decree
for the said sale, sell agreeably to the terms of said decree,
the said mortgaged property or any part thereof the mort-
gagees,their executors, or administrators, (or their assigns if
the mortgage claim shall have been assigned) before such

Trustee authorised
to sell

sale, and after the arrival of the period aforesaid verifying
by their oath before the Chancellor or a Judge aforesaid,
a statement of the amount of said mortgage claim remain-
ing due, and filing such statement in the court of Chancery

Statement on oath

or the Baltimore county court, as the case may be, and such,
sales and the conveyances thereupon shall have the same
effect, if finally ratified by the court of Chancery or the
Baltimore county court, as the case may be, as if the same
had been made under decrees between the proper parties
in relation to the mortgages, and in the usual course of the
said courts.

Such sale made va-
lid

Sec. 4. And be it enacted, That said Trustee or Trus-
tees shall report the said sales to the court of Chancery or

Report of sale

the Baltimore county court, as the case may be, for its con-
sideration and ratification or rejection, and that orders shall
pass therein touching such ratification as is now practised
on sales of mortgaged property in said courts; it being,
however, hereby provided, that as cause against such rati-
fication any allegations may be made and proof under the
orders of the said courts exhibited, and a dial of the alle-
gations had as such courts shall prescribe, to show that the
sales aforesaid ought not to have been made; upon being

Ratification

satisfied of the truth of which allegations the said courts
respectively shall reject and se! aside, the said sale and in

Or rejection autho-
rised



 
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Session Laws, 1833
Volume 210, Page 210   View pdf image (33K)
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