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Session Laws, 1838
Volume 598, Page 191   View pdf image
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1838.

LAWS OF MARYLAND.

CHAP. 205.

Proceedings di-

rected.

ing a lien upon the same, by mortgage, judgment, or
otherwise, or entitled to a lien by virtue of this act, to
apply by petition, in writing, to the city commissioners
of the city of Baltimore, to designate the boundaries
aforesaid.

Commissioners au-
thorised to exam-
ine and report.

Sec. 6. And be it enacted, That it shall be the duty
of said commissioners to examine the building, or place
at which such building is being erected, and to make
a report to the clerk of Baltimore county court, in
which they shall sufficiently designate and describe, by

necessary for the convenient use of such buildings, for
the purposes for which it was designed, and such re-

Recorded.

port shall be entered at length upon the record book
aforesaid, and if approved by the. court shall he con-
clusive upon all persons concerned; the said commis-
sioners to be governed and regulated in all respects, by

Rules prescribed.

the same rules and regulations that govern them in
establishing boundaries within the limits of the city of
Baltimore.

Case of execution

issued.

Sec. 7. And be it enacted. That if execution shall be

ground, upon which a building shall he erected as afore-
said, before the boundaries of the lot, or curtilage,
which ought to be appurtenant thereto, shall be desig-
nated, it shall be lawful for the court, upon application,

Stay authorised.

to stay such execution, until such designation shall be
made, and thereupon order the sale to proceed in such
manner, and for such part, or parts, and in such parcels
as shall be most convenient for the administration of
equity among all persons interested.

Case of sale under

execution.

Sec. 8. And be it enacted, That if the building
against which any claim shall be filed as aforesaid, or
any of the ground adjacent thereto, shall be sold by vir-
tue of an execution, upon any mortgage or judgment,
before the extent of the lien of the claimant shall be

Court authorised to

determine rights.

execution shall have issued, shall have power to de-
termine the rights of the respective parties, and the
apportionment or appropriation of all liens as afore-

said, and for that purpose may appoint an auditor to

Decree distribution.

inquire into, and report the facts, and may decree dis-
tribution, of the proceeds accordingly, or upon the ap-



 
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Session Laws, 1838
Volume 598, Page 191   View pdf image
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