118 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

lifetime of the devisor, which shall be fulfilled as now allowed
by law, the judge of the circuit court for 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 of Baltimore City 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 party or
parties in actual possession, as aforesaid, his or their agents
or attorneys, or other persons concerned, within not less than
fifteen days 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 in said process, thereby command-
ing the sheriff of the county, coroner or elisor to deliver pos-
session of the said lands or tenements to the purchaser thereof,
and in cases of sales made by virtue of power contained in
wills, the judge shall grant such writs, if it appear on such
application that the contract of tenancy entered into between
the devisor and tenant in possession has expired, and in cases
where the purchaser has entered into an agreement with the
person in actual possession of such lands and tenements at
the time of such sale to permit such person to remain in pos-
session for a limited period, the judge shall grant the said writ
if it appears in said application that the period limited by
such agreement between the purchaser and the person in pos-
session has expired, and should the party or parties so evicted
by writ of habere as aforesaid re-enter upon said property, or
any part of the same, without the consent of the purchaser,
he or they shall be deemed guilty of a misdemeanor, and
upon conviction thereof either before a justice of the peace
or in the circuit court for any county for the State, or the Crim-
inal Court of Baltimore City, he shall be fined not more than
one hundred dollars or imprisoned not more than sixty days
or both fined and imprisoned in the discretion of said justice
or court.

Special Findings of Facts.

1900, ch. 641.

115A. Repealed.