843

LAWS OF MARYLAND.

the same to the purchaser thereof, excepting, however, case of

tenancies created in the lifetime of the devisor which shall he

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, the superior court, the court of common pleas or the Bal-

timore city 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 party in actual possession as afore-

said, his agents or attorneys or other persons concerned, within

not less than fifteen days or 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 commanding

the sheriff of the county, coroner or elisor to deliver possession of

the said lands and 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 possession has expired; and should the party so evicted

by writ of habere as aforesaid, re-eiiter upon said property or any

Made-
meaner

part of the same without the consent of the purchaser, he shall

be deemed guilty of a misdemeanor, and upon conviction thereof,

either before a justice of the peace or in the circuit court of any

county of 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.

Effective.

SEC. 2. And be it enacted, That this act shall take effect from

the date of its passage.

Approved April 8, 1890.