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Session Laws, 1939
Volume 581, Page 1059   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1059

the finding and decision of the State Employment Com-
missioner as to the dismissal or demotion of any employee
of the classified service.

(Vetoed. )

CHAPTER 507.
(House Bill 525)

AN ACT to repeal and re-enact, with amendments, Section
232 of Article 16 of the Annotated Code of Maryland (1924
Edition), title "Chancery", sub-title "Sales", and to repeal
and re-enact, with amendments, Section 24 of Article 66
of said Code, title "Mortgages", relating to the time within
which a motion for a deficiency judgment may be entered.

SECTION 1. Be it enacted by the General Assembly of Mary-
land,
That Section 232 of Article 16 of the Annotated Code
of Maryland (1924 Edition), title "Chancery", sub-title
"Sales", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

232. When any suit is instituted to foreclose a mortgage,
the court may decree that, unless the debt and costs be paid
by a day fixed by the decree, the property mortgaged, or so
much thereof as may be necessary for the satisfaction of said
debt and cost, shall be sold; and such sale shall be for cash,
unless the plaintiff shall consent to a sale on credit; and if
upon the sale, Tinder such decree, of the whole mortgaged
property, the net proceeds thereof, after the costs allowed by
the court are satisfied, shall not suffice to satisfy the mort-
gage debt and accrued interest, as this shall be found by the
judgment of the court upon the report of the auditor thereof,
the court may, upon the motion of the plaintiff, provided said
motion is made within three years after final ratification by
the court of the auditor's report and account in regard to the
mortgage sale filed therein following the mortgage sale, enter
a decree in personam against the mortgagor, or other party
to the suit, who is liable for the payment thereof; provided,
the mortgagee would be entitled to maintain an action at law
upon the covenants contained in said mortgage for said residue
of the said mortgage debt so remaining unsatisfied by the pro-
ceeds of such sale; which decree shall have the same effect as a
judgment at law, and may be enforced only in like manner,
by a writ of execution in the nature of a writ of fieri facias,
or otherwise.


 

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Session Laws, 1939
Volume 581, Page 1059   View pdf image (33K)
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