PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

CHAPTER 264.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That whenever any application for the benefit
of the insolvent laws of this State, shall have been or
may hereafter be seized or possessed of any lands or
tenements at the time of his application as aforesaid, and
said insolvent or any person or persons holding under
said insolvent shall refuse to deliver possession of the
said lands or tenements to the permanent trustee of said
insolvent, or to any purchaser or purchasers who may
have become entitled ton said lands or tenements by com-
pliance with the terms of sale, where the permanent
trustee may have sold said property; it shall be the duty
of the county courts, upon the filing a petition in the
name of the permanent trustee or in the name of the pur-
chaser, verified by affidavit, to pass an order command-
ing said insolvent debtor and all persons holding under
said insolvent to shew cause within fifteen days there-
alter why a writ of habere facias possessionem shall
not issue.

CHAP. 264.

Passed
March 9, 1848.

In case of fail-
ure to deliver
possession of
property.

SEC. 2. And be it enacted, That the sitting up a copy
of the petition and order upon the premises by the she-

riff ten days before, the day fixed in the order for an-
swering said petition, shall be a sufficient service of said
order.

Service by
sheriff.

SEC. 3. And be it enacted, That upon failure of said
insolvent or insolvents or any person or persons hold-
ing under him or them to answer said petition, or having
answered said petition failing to shew satisfactory cause
to the court why said writ should not be issued, it shall
be the duty of the court to issue a writ of habere facias
possessionem, to be directed to the sheriff of the county
or Baltimore city, commanding him to deliver posses-
sion of said lands or tenements to the permanent trustee
of such insolvent, or to the purchaser or purchasers, where
the same has been sold.

Duty of coun-

ty court in case
of failure to
answer peti-
tion.

SEC. 5. And be it enacted, That this law shall apply
to all cases where the insolvent at the time of his appli-
cation was seized or possessed of any land or tenements,
or when said insolvent was entitled to any equity of re-

demption in the same.

To what cases
to apply.