214
LAWS OF MARYLAND.
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to deliver possession thereof, to the purchaser or
purchasers;
but in case the said property is not present, or
if for any other reason its shall not be in the power of the
collector, or on his failure to deliver possession as aforesaid,
the purchaser or purchasers may recover possession
of the same by action of replevin in any court having
jurisdiction in such cases, together with damages for
the detention thereof from the time of the sale, or may
recover the value thereof and damages in an action of
trover.
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Failure to
redeem.
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SEC. 6. And be it enacted,
That in all cases of the
sale of real estate as aforesaid, if the owner or owners
shall not redeem the same within the time, and upon
the terms aforesaid, the purchaser or purchasers thereof
shall be, and they are hereby authorised to recover possession,
if the same be withheld by an action of ejectment;
and in all such cases, and also in the cases
contemplated by the preceding section, the plaintiffs
shall be entitled to recover, upon producing the receipt
of the collector for the purchase money, describing with
reasonable certainty,, the property sold, and upon showing,
on the part of the collector making the sale, a
substantial compliance with the requisitions of this act.
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Resistance to
collector.
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SEC. 7. And be it enacted,
That if the collector
shall be resisted, attacked or menaced with violence, it
shall, and may be lawful for the collector to summon
to his aid, assistance and defence, the posse comitatus,
and each person so summoned, and serving, shall be
allowed fifty cents per day, to be levied on the county
as other charges; and in case any person being summoned
shall refuse to serve, the person so refusing shall
be liable to a fine of five dollars, to be recovered before
a justice of the peace, one half to the use of the
party prosecuting and the other half to the county.
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Fine for
assaulting
collector.
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SEC. 8. And be it enacted,
That if any persons hall
strike or assault the collector, in the discharge of his
duty, or shall strike or assault any individual serving
as one of the posse comitatus as aforesaid, or shall
strike or assault any person to deter or prevent his bidding
at a collector's sale, or for having bid at such sale,
in every such case, the party offending shall be subject
to the fine of not less than twenty, nor more than one
hundred dollars, and imprisonment for not less than
two, nor more than twelve months.
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Repealed.
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SEC. 9. And
be it enacted, That all laws inconsistent
with the provisions of this act, be, and the same
are hereby repealed, so far as the same relates to Dorchester
county.
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