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The Maryland Code Public General Laws, 1904
Volume 393, Page 1678   View pdf image (33K)
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1678 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

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
possession 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 criminal
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.
Clarke v. Belmear, 1 G. & J. 443. Gowan v. Sumwalt, 1 G. & J. 511.
Waters v. Duvall, 6 G. & J. 76. McMechen v. Marman, 8 G. & J. 57 Penn
v. Isherwood, 5 Gill, 206. Dorsey v. Campbell, 1 Bl. 356. McKomb v.
Kankey, 1 Bl. 363, (note). Nelson v. Turner, 2 Md. Ch. 73. Turner's
Admr. v. Waters, 14 Md. 62. Cooke v. Brice, 20 Md. 397. Applegarth v
Russell, 25 Md. 317. Morrill v. Gelston, 32 Md. 116. Miller v. Wilson, 32
Md. 297. Dill v. Satterfield, 34 Md 52 Meloy v. Squires, 42 Md. 383.
Griffith v. Hammond, 45 Md 88 Nutwell v. Nutwell, 47 Md. 50. Shaefer
v. A. P. L. Co., 53 Md. 88.

1888, art. 75, sec. 89. 1860, art. 75, sec. 65. 1825, ch. 103, sec 2.

94. The said sheriff, coroner or elisor shall have all the
powers in the execution of said writ that he may have in the
execution of any writ of habere facias possessionem to him
directed.

Ibid. sec. 90. 1860, art. 75, sec 66. 1831, ch. 41

95. If the said sheriff, coroner or elisor shall die, resign or
be removed from or disqualified for office, or have his authority


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1678   View pdf image (33K)
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