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the time of the making of said affidavit, if within
this state ; the official character of the justice being
certified by the clerk of the circuit or superior court
of such county or city under his official seal, and if
without this state before any person authorized by
the laws of Maryland, to take the acknowledgment
of deeds, acknowledged without this state.
In force from June 22, 1861.
1884, c. 124 adds the following:
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1804, c 124, s 1
Proceedings
where default
of mortgagors
has taken place
before mort-
gagee have
been submitted
to court.
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784. Where a default of the mortgagors has taken
place before the said conveyances have been submit-
ted to the superior court of Baltimore city or circuit
court of Baltimore city, it shall nevertheless be the
duty of either of said courts, upon the submission of
the said conveyances to such court, after the said
default, to forthwith decree that the mortgaged pre-
mises shall be sold, on such terms of sale as to the
said court shall seem proper; and to appoint by said
decree a trustee or trustees, to make such sale requir-
ing bond and security for the performance of the
trust, as is usual in the case of the sale of mortgaged
premises; and the said trustee or trustees may sell
the same agreeably to the terms of the said decree ;
but before each sale the mortgagee or mortgagees, or
some of the mortgagees, or the executor or adminis-
trator of a deceased mortgagee, or the assignee or
assignees of the mortgage, or one of such assignees,
or the executor or administrator of a deceased as-
signee, shall file in the court in which the said pro-
ceedings are pending, a statement of the amount of
the said mortgage claim remaining due, verifying the
same by the oath or affirmation of the party filing
the same ; and the said affidavit or affirmation may
be made before any of the persons mentioned in sec-
tion seven hundred and eighty-three of this article,
or before any person named as proper to take a like
affidavit by the act of eighteen hundred and sixty-
one; chapter seventy-six, and the same shall be
authenticated as provided for in said last named act.
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