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Session Laws, 1959
Volume 642, Page 495   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            495

Code of Public Local Laws of Maryland), title "Baltimore City",
sub-title "People's Court", relating to execution's sale under au-
thority of People's Court of Baltimore City.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 452A be and the same is hereby added to the
Charter and Public Local Laws of Baltimore City (1949 Edition,
being Article 4 of the Code of Public Local Laws of Maryland),
title "Baltimore City", sub-title "People's Court", to read as follows:

452A. The Chief Constable of Baltimore City, as regards any
execution to him directed by the People's Court of Baltimore City,
may (in person or by deputy) seize and expose to sale any legal or
equitable estate or interest which the defendant named in such writ
may have or hold in any goods, chattels, lands, tenements or heredit-
aments.

The People's Court of Baltimore City shall have power to pass
such orders as may be necessary to effect a sale of the execution
goods,
OR chattels, lands, tenements, or hereditaments either subject
to lien or free of lien or claims of others. If goods or chattels are sold
free of lien or claim of a third party, the Court shall make due pro-
visions for liquidation of any lien that may exist on any claims es-
tablished.

If, by virtue of any legal process issuing out of the People's
Court of Baltimore City, the Chief Constable of Baltimore City
shall give notice by publication in any newspaper of the sale of any
goods, chattels, lands, or tenements,
OR HEREDITAMENTS as
required by law, he may recover the costs of such publication from
the defendant in such process as other costs, such as auctioneer fees
and storage charges, and if the defendant be unable to pay the same,
the Constable may recover the amounts so paid from the plaintiff as
other debts are collected.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved April 8, 1959.

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

No Constable of said Court shall be liable in damages to any per-

son, partnership or corporation for the levy, seizure or sale under

a writ of fieri facias, or a writ of fieri facias on condemnation in

attachment, of any goods or chattels in possession of the judgment

debtor, or located on property occupied by said judgment debtor,

unless said Constable had knowledge or actual notice, or reasonable

cause to have knowledge of the title, rights or interests of any per-

sons, partnership, association or corporation other than the judg-

ment debtor in such goods or chattels prior to the time of said levy,

seizure or sale. This Section, however, shall not relieve the Constable
from liability for any physical damage caused to such goods or

chattels by the negligence of said Constable.


 

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Session Laws, 1959
Volume 642, Page 495   View pdf image (33K)
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