622

PROCEEDINGS IN ACTIONS AT LAW. ART. 64.

the insolvent petitioner, grantor, or mortgagor in said deed of trust
or mortgage, or any other person holding under said debtor, insol-
vent petitioner, grantor or mortgagor by title subsequent to the date
of the judgment, decree, insolvent application, deed of trust or mort-
gage respectively, shall be in actual possession of the land and tene-
ments 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 situate, or if situ-
ate 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 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 a writ
of habere facias possessionem, 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. And no such judge
shall refuse to issue such writ because such purchaser may have en-
tered into an agreement with the person in actual possession of such
lands and tenements at the time of such sale, whereby the right of
such person to remain in possession for a limited period is secured,
if, after the expiration of the period limited by said agreement, such
person shall refuse or fail to surrender up possession.

Art 75, s 65
1825, c 103, s 2.
Powers of
sheriff, etc, in
execution of
writ

146. The said sheriff, coroner, or elisor, shall have all the
powers in the execution of said writ that he may have in the execu-
tion of any writ of habere facias possessionem to him directed.
147. If the said sheriff, coroner, or elisor, shall die, resign, or

Id s 66
1831, e, 41
If officer die,
resign, or re-
moved, to whom
writ issued

be removed from or disqualified for office, or have his authority other-
wise terminated after such sale, and before the writ in the nature of
a writ of habere facias possessionem shall have been issued and ex-
ecuted, the court shall issue said writ to any succeeding sheriff, cor-
oner, or elisor; and if any such officer to whom said writ is directed
or who is charged with, or on whom may devolve the execution of
such writ, shall die, resign, be removed from, or disqualified for
office, or have his authority otherwise terminated before such writ
shall be finally executed and returned, said writ shall be delivered
to and executed and returned by any succeeding sheriff, coroner or
elisor.

Id s 67
1831, c 290, s 5
Applicable to
sales made by
constables or
sheriffs, upon
executions
Issued by jus-
tices of the
peace.

148. The provisions of the three last preceding sections shall
apply to sales made by constables or sheriffs, upon executions issued
by justices of the peace, after such sale is confirmed by the court,
and the said writ may be issued by the court to which the proceed-
ings as to such sales shall be returned, as if the execution under
which such sales shall have been made had issued from such court on
a judgment therein recovered.