ART. 75.] PLEADING, PRACTICE AND PROCESS. 187

the evidence given in open court, in the same man-
ner, and under the same regulations, as in other jury
trials; and after the said jury charged as aforesaid,
shall have considered thereof, they shall forthwith,
return their inquisition, under their hands and
seals, and the court shall order such judgment to
be extended, ill accordance with the terms of such
finding of the jury.

In force from February 22, 1864.
1864, c. 2S3 repeals section 64 and substitute the following:

64. 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 any mort- gagee under a mortgage with power to sell, and the debtor named in such execution or decree, the in- solvent petitioner, grantor, or mortgagor in said deed of trust or mortgage, or any other person hold- ing 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 respectively, shall be in actual posses- sion of the land and tenements sold and shall fail or refuse to deliver possession of the same to the pur- chaser thereof, the judge of the circuit court of the county in which said lands or tenements may be situate, or if situate in the city of Baltimore, the judge of the circuit court or of the superior court, shall on 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, insolvent petitioner, grantor or mortagor, 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

1864, c. 283. Writ of habere, when to be issued and how obtained.