Theodore R. McKeldin, Governor                    567

as part of the costs in such action, and the judgment rendered shall
be the same as if the action had been originally commenced between
the persons who are the parties to such action; provided, that] No
defendant who is made a new party to [such] an action in place of a
decedent shall be burdened with debts, damages or costs further
than property or assets have descended or come to his hands from the
deceased.

99. [Whenever any lands or tenements shall be sold by any
sheriff, constable, coroner, or elisor by virtue of any process or exe-
cution from any court or justice of the peace of this State, or by
any trustee under the decree of any court of this State, by any
trustee by appointment of an insolvent court, by any trustee under
any voluntary deed of trust, by any mortgagee under any power in
any mortgage, by any executor or executors or any other person
under any power in a will, and the debtor named in such execution
or decree, his widow or heirs who are parties to the proceedings in
which such execution was issued or such decree passed, the insol-
vent grantor or mortgagor in said deed of trust or mortgage, or any
person holding under said debtor, insolvent, grantor or mortgagor
by title subsequent to the date of the judgment, decree, insolvent
proceedings, deed of trust of mortgage respectively, or any person
claiming under the devisor of said will, shall be in actual possession
of the lands and tenements sold and shall fail or refuse to deliver
possession of the same to the purchaser thereof, excepting, however-,
cases of tenancies created in the lifetime of the devisor, which shall
be fulfilled as now allowed by law, the judge of the circuit court for
the county in which said lands or tenements may be situate, or if
situate in the city of Baltimore, the judge of the circuit court or of
the superior court of Baltimore City, shall, on application in writ-
ing, to be verified by the affidavit of the purchaser or his attorney,
unless good cause to the contrary be shown by the party or parties
in actual possession, as aforesaid, his or their agents or attorneys,
or other persons concerned, within not less than fifteen days nor
more than thirty days from the filing of such application, as afore-
said, issue a writ in the nature of a writ of habere facias posses-
sionem reciting therein the proceedings which may have been had
in said process, thereby commanding the sheriff of the county, coro-
ner or elisor to deliver possession of the said lands or tenements to
the purchaser thereof, and in cases of sales made by virtue of power
contained in wills, the judge shall grant such writs, if it appear on
such application that the contract of tenancy entered into between
the devisor and tenant in possession has expired, and in cases where
the purchaser has entered into an agreement with the person in
actual possession of such lands and tenements at the time of such
sale to permit such person to remain in possession for a limited
period, the judge shall grant the said writ if it appears in said ap-
plication that the period limited by such agreement between the pur-
chaser and the person in possession has expired, and should the]
If a party [or parties so] evicted by writ of [habere as aforesaid]
possession re-enters upon said property, or any part of the same,
without the consent of the purchaser, he [or they] shall be deemed
guilty of a misdemeanor, and upon conviction thereof either before
a justice of the peace or trial magistrate or in a People's Court or
in the circuit court for any county for the State, or the criminal
court of Baltimore City, he shall be fined not more than one hundred