2398 ARTICLE 75.

Possession—Writ of.

An. Code, sec. 93. 1904, sec. 93. 1888, sec. 88. 1825, ch. 103, sec. 1. 1864, ch. 283.
1878, ch. 141. 1886, ch. 504. 1890, ch. 635. 1900, ch. 310.

99. Whenever any lands or tenements shall be sold by any sheriff,
constable, coroner, or elisor by virtue of any process or execution from
any court or justice of the peace of this State, or by any trustee under the
decree of any court of this State, by any trustee by appointment of an
insolvent court, by any trustee under any voluntary deed of trust, by any
mortgagee under any power in any mortgage, by any executor or executors
or any other person under any power in a will, and the debtor named in
such execution or decree, his widow or heirs who are parties to the pro-
ceedings in which such execution was issued or such decree passed, the
insolvent grantor or mortgagor in said deed of trust or mortgage, or any
person holding under said debtor, insolvent, grantor or mortgagor by title
subsequent to the date of the judgment, decree, insolvent proceedings,
deed of trust of mortgage respectively, or any person claiming under the
devisor of said will, shall be in actual possession of the lands and tene-
ments sold and shall fail or refuse to deliver possession of the same to
the purchaser thereof, excepting, however, cases of tenancies created in
the lifetime of the devisor, which shall be fulfilled as now allowed by law,
the judge of the circuit court for the county in which said lands or tene-
ments may be situate, or if situate in the city of Baltimore, the judge of
the circuit courts or of the superior court of Baltimore city shall, on ap-
plication in writing, to be verified by the affidavit of the purchaser or his
attorney, unless good cause to the contrary be shown by the party or par-
ties in actual possession, as aforesaid, his or their agents or attorneys, or
other persons concerned, within not less than fifteen days nor more than
thirty days from the filing of such application, as aforesaid, issue a writ
in the nature of a writ of habere facias possessionem reciting therein the
proceedings which may have been had in said process, thereby command-
ing the sheriff of the county, coroner or elisor to deliver possession of the
said lands or tenements to the purchaser thereof, and in cases of sales
made by virtue of power contained in wills, the judge shall grant such
writs, if it appear on such application that the contract of tenancy en-
tered into between the devisor and tenant in possession has expired, and
in cases where the purchaser has entered into an agreement with the person
in actual possession of such lands and tenements at the time of such sale
to permit such person to remain in possession for a limited period, the
judge shall grant the said writ if it appears in said application that the
period limited by such agreement between the purchaser and the person
in possession has expired, and should the party or parties so evicted by
writ of habere as aforesaid re-enter upon said property, or any part of the
same, without the consent of the purchaser, he or they shall be deemed
guilty of a misdemeanor, and upon conviction thereof either before a jus-
tice of the peace or in the circuit court for any county for the State, or the
criminal court of Baltimore city, he shall be fined not more than one hun-