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Session Laws, 1949
Volume 590, Page 977   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 977

52 of the Annotated Code of Maryland (1939 Edition), title
"Justices of the Peace", sub-title "Civil Jurisdiction", said
new section to be known as Section 7A, to follow immediately
after Section 7 of said Article, and to read as follows:

7A. (1) The trial magistrates of the counties and the People's
Court of Baltimore City shall have jurisdiction in all cases
where it shall appear that the grantor of land has remained
in possession of said land after delivery of a deed for same
and in violation of an agreement, in writing, to deliver posses-
sion of same at a time stated in said agreement. Where
said grantor fails or refuses to surrender the premises in ac-
cordance with said agreement, the grantee may make com-
plaint in writing, to the trial magistrate for the county or
People's Court of Baltimore City wherein the premises may
be situated and the magistrate or judge shall forthwith issue
summons to the grantor commanding him to appear on a day
named and show cause why possession of the premises in dis-,
pute should not be granted said grantee. Upon a finding by
the trial magistrate or judge of the People's Court that the
facts set forth in the complaint are true, he shall give judg-
ment for immediate possession and shall issue his warrant
to the Sheriff commanding him to deliver possession of the
premises to the grantee, the provisions of any public general or
local law to the contrary notwithstanding.

(2) Any grantor who feels aggrieved by a judgment
rendered under the provisions of this section shall have the
right of appeal to the circuit court for the county or the
Baltimore City court upon giving notice within ten days from
the rendition of said judgment. The notice of appeal shall be
accompanied by an affidavit that said appeal is not taken for
delay, and a bond conditioned that he will prosecute said
appeal with effect and will pay all costs in said case before the
trial magistrate or People's Court of Baltimore City, and in
the Appellate court and all loss or damage which the grantee
may suffer by reason of grantor's remaining in possession
and the, grantor may retain possession of the premises until
the determination of said appeal. In case the judgment of
said justice or People's Court of Baltimore City shall be
affirmed, a warrant as aforesaid shall be issued to the Sheriff
who shall proceed forthwith to execute the same. If the
judgment of the justice shall be against the grantee, he may
file notice of appeal within ten days after the judgment shall
have been rendered, and if the judgment of said court shall
be in favor of the grantee, it shall issue a warrant to the
Sheriff for the possession of the premises as hereinbefore pro-
vided. In case of appeal under this section, the papers in the

 

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Session Laws, 1949
Volume 590, Page 977   View pdf image (33K)
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