54 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

Chapter 283 repeals section 64, and substitutes the following:

2. 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 the Trustee of any insolvent petitioner, by any
Trustee under any voluntary deed of trust, or by auy mortgagee
under a mortgage with power to sell, and the debtor named in
such execution or decree, the insolvent petitioner, grantor, or
mortgagor in said deed of trust or mortgage, OT any other
person holding under said debtor, insolvent petitioner, grantor,
or mortgagor by title subsequent to the date of the judgment,
decree, insolvent application, deed of trust or mortgage respec-
tively shall be in actual possession of the land and tenements
sold, and shall fail or refuse to deliver possession of the same to
the purchaser thereof, the judge of the Circuit Court of the
county in which said lands or tenements may be situated, or if
situated in the city of Baltimore, the judge of the Circuit Court,
or of the Superior Court, shall on the application in writing, to
be verified by the affidavit of the purchaser or his attorney,
unless good cause to the contrary be shown by the debtor, in-
solvent petitioner, grantor or mortgagor, his agent or attorney,
or other person concerned, within not less than fifteen nor more
than thirty days from the filing of such application as aforesaid,
issue a writ in the nature of writ of habere facias possesionem,
reciting therein the proceedings which may have been had on
said process, thereby commanding the said sheriff', constable,
coroner or elisor, to deliver possession of the said lands and
tenements to the purchaser thereof.

In force from March 7,1864.