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The Maryland Code Public General Laws, 1904
Volume 393, Page 1679   View pdf image (33K)
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ART. 75] PRESERVATION—INSPECTION OF PROPERTY. 1679

otherwise terminated after such sale, and before the writ in the
nature of a writ of habere facias possessionem shall have been
issued and executed, the court shall issue said writ to any suc-
ceeding sheriff, coroner 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.

1888, art. 75, sec. 91. 1860, art. 75, sec. 67. 1831, ch. 290, sec. 5.

96. The provisions of the three preceding sections shall
apply to sales made by sheriffs, upon executions issued by the
clerk upon judgments rendered by justices of the peace, and
duly recorded; and the said writ may be issued by the court
to which the proceedings 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.

Ibid. sec. 92. 1860, art. 75, sec. 68. 1846, ch. 152.

97. No application for a writ of habere facias possessionem
under this article shall abate by reason of the death of the
purchaser before obtaining possession of the lands and tene-
ments, but his heir or devisee shall have all the rights and
remedies therein given to the purchaser.

Preservation, Detention and Inspection of Property.

Ibid. sec. 93. 1886, ch. 317. 1886, ch. 415.

98. It shall be lawful for the court in any action at law or
cause in equity, or in any judicial proceeding, upon the appli-
cation of any party thereto, and on such terms as to it may
seem just, to make any order for the preservation, detention or
inspection of any property being the subject of such action,
cause or proceeding, and for all or any of the purposes afore-
said; to authorize any person or persons to enter upon or into
any land or building in the possession of any party to such
action, cause or proceeding, and for all or any of the purposes
aforesaid; to authorize any samples to be taken, or any obser-
vations to be made, or experiment, to be tried, which may
seem necessary or expedient for the purpose of obtaining full
information or evidence.

Arnold v. Green, 95 Md. 227.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1679   View pdf image (33K)
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