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Supplement to the Maryland Code, 1862
Volume 381, Page 26   View pdf image (33K)
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26 COURTS. [ART. 29.

Treasurer for the difference only; and if the amount due to the
State shall be equal to, or exceed the sum so demanded, the said
Comptroller shall refuse to issue any warrant to the claimant.

ARTICLE XXIX.

Courts.

The Act of May 10, 1861, ch. 17, repeals the 19th section of this Article as far as incon-
sistent therewith, and. enacts as follows:

SEC. 1. Upon all judgments or decrees for the payment of
money which have been or may hereafter be rendered by any
court or justice of the peace of this State, and upon all powers
to sell, contained in any mortgage, and on all decrees for sale of
mortgaged property, there shall be a stay of execution and sale
for twelve months from the passage of this act; provided, in all
cases of a mortgage of personal property, when there has been
a decree for the sale of the same, or when there is a power of
attorney for sale contained in said mortgage, the mortgagor, to
entitle him to the stay under this act, shall give bond to the
mortgagee in a penalty and with security to be prescribed and
approved by the clerk of the Circuit Court of the county where
the mortgage is recorded, or by the clerk of the Circuit Court or
of the Superior Court of the city of Baltimore, if the mortgage
is recorded in said city, with condition that he will surrender
and deliver up to the said mortgagee or any trustee appointed
to sell the same, the said personal property so mortgaged in as
good condition as the same was at the passage of this act; and
provided further, that nothing in this act shall be construed to
affect the lien of judgments rendered, or to be rendered, or to
prevent the prosecution of attachments on warrant or judgment,
against the lands, goods and credits of non-residents as under
existing laws.

2. This act shall not be held to apply to decrees or judgments
for the payment of interest or tax, as between parties to mort-
gages, judgments, or other contracts upon which said interest or
taxes are payable at a specified time or times.

 

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Supplement to the Maryland Code, 1862
Volume 381, Page 26   View pdf image (33K)
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