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Session Laws, 1888 Session
Volume 481, Page 429   View pdf image (33K)
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ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

Chapter 275.

AN ACT to repeal and re-enact section twenty-
six of chapter one hundred and seventy-two
of the acts of eighteen hundred and eighty,
entitled " An act to repeal certain sections of
article forty-eight of the Code of Public Gen-
eral Laws of Maryland, entitled ' Insolvents,' "
and to re-enact the same with amendments.

SECTION 1. Be it enacted by the General Assem-

429

bly of Maryland, That section twenty-six of chap-
ter one hundred and seventy-two of the acts of
the General Assembly of Maryland, be and the
same is hereby repealed and. re-enacted, so as to
read as follows :
SECTION TWENTY-SIX. If any real or personal

Repealed and
re-enacted.

property of an insolvent shall have been decreed
to be sold by virtue of any decree of any court
of equity for the enforcement of a mortgage, or
if there be a power of sale contained in any mort-
gage or bill of sale of real or personal property,
as the case may be, the filing of the petition in
insolvency, either by or against the insolvent,
as hereinbefore provided, and the subsequent
proceedings in insolvency on such petition
shall not disturb, defeat or impair the right of
the trustee named in the decree, or the mort-
gagee; or bargainee, or his assignee, or person
authorized in the mortgage or bill of sale to
make sale to proceed with such sale, or to exe-
cute the power of sale contained in said decree,
mortgage or bill of sale, unless the right or
power shall be waived, in writing, by the mort-
gagee, or his proper representatives, in all such
cases, in the absence of waiver of right by mort-
gagee or his proper representatives as herein-
before provided, the trustee in insolvency shall
only be authorized to sell the equity of redemp-
tion of the insolvent in all such property covered
by decree, mortgage or bill of sale as aforesaid.

Subsequent
proceedings in
insolvency no
bar to sale or-
dered by court

SEC. 3. And be it enacted, That this act shall
take effect from the date of its passage.

Approved April 4, 1888.

Effective.



 
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Session Laws, 1888 Session
Volume 481, Page 429   View pdf image (33K)
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