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Session Laws, 1861
Volume 526, Page 16   View pdf image (33K)
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1861.

LAWS OF MARYLAND:

CHAP. 17.

are hereby repealed so far as they conflict with the
provisions of this act.

Stay of exe-
cution.

SEC. 2, And be it enacted, That upon all judg-
ments or decrees for the payment of money which
have been or may hereafter be rendered by any
Court or Justice of the Peace of this State, and
upon all powers to sell, contained in any mortgage
and on all decrees for sale of mortgaged property,
there shall be a stay of execution and sale for

Provisoes.

twelve months from the passage of this act; pro-
vided, in ail cases of a mortgage of personal proper-
ty, when there has Been a decree for the sale of
the same, or when there is a power of Attorney for
sale contained in said mortgage, the mortgagor, to
entitle him to the stay under this act, shall give
bond to the mortgagee in a penalty and with
security to be prescribed and approved by the Clerk
of the Circuit Court of the county where the mort-
gage is recorded, or by the Clerk of the Circuit
Court or of the Superior Court of the City of Balti-
more, if the mortgage is recorded in said city,
with condition that he will surrender and deliver
up to the said mortgagee or any trustee appointed
to sell the same, the said personal property so
mortgaged in as good condition as the same was at
the passage of this act; and provided further,
that nothing in this act shall be construed to affect
the lien of judgments rendered, or to be rendered,
or to prevent the prosecution of attachments on
warrant or judgment,, against the lands, goods and"
credits of non-residents as under existing laws.

How to ap-
ply.

SEC. 3. And be it enacted, That this act shall not
be held to apply to decrees or judgments for the
payment of interest or tax, as between parties to
mortgages, judgments, or other contracts upon
which said interest or taxes are payable at a speci-
fied time or times.

In force.

SEC. 4. And be it enacted, That this act shall
take effect from the time of its passage and remain
in force for twelve months.



 
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Session Laws, 1861
Volume 526, Page 16   View pdf image (33K)
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