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Session Laws, 1973
Volume 709, Page 120   View pdf image
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120                                        LAWS OF MARYLAND                                 Ch. 66

SECTION [[5]] 3. AND BE IT FURTHER ENACTED. That this Act is
hereby declared to be an emergency measure and necessary for the immediate
preservation of the public health and safety and having been passed by a yea and
nay vote supported by three-fifths of all the members elected to each of the two
Houses of the General Assembly, the same shall take effect from the date of its
passage.

Approved April 26, 1973.

CHAPTER 67
(Senate Bill 432)

AN ACT to repeal §145A of Article 26 of the Annotated Code of Maryland (1966
Replacement Volume and 1972 Interim Supplement), title "Courts", subtitle
"District Courts", and to repeal and re-enact, with amendments, §§150(b) and
156(c) of said article, title, and subtitle, to eliminate unnecessary duplication
and to correct certain statutory cross-references and errors in spelling and style.

WHEREAS, Chapter 349, Laws of 1972, enacted a comprehensive revision of
the real property laws of the State, including new Article 21, §14-109, which
duplicates Article 26, §145A, and new Article 21, §§4-202(d), 8-402(b) (2),
8-331 (a) and 8-401(c), which replace former Article 21, §72 and former Article 53,
§§4, 39, and 39R, respectively, and it is desirable to eliminate the duplication and
correct cross-references, as well as to correct certain errors in spelling and style.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That §145A of Article 26 of the Annotated Code of Maryland
(1966 Replacement Volume and 1972 Interim Supplement), title "Courts", subtitle
"District Courts", be and it is hereby repealed.

[145A.

(a)    If a grantor of land remains in possession after delivery of a deed for the
land, and in violation of a written agreement to deliver possession of the land at a
time stated in the agreement, the grantee may file a statement of claim in the
District Court sitting in the county in which the land is located. The procedure
following the filing of a statement- of claim shall be that provided for other civil
cases by the Maryland District Rules. If the court finds that the facts set forth in
the statement of claim are true, it shall give judgment for immediate possession
and shall issue a 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.

(b)      A grantor or grantee aggrieved by a judgment rendered under the
provisions of this section may appeal pursuant to §156 of this article, but the
appeal shall be taken within ten (10) days of final disposition in the District Court.
If the grantor appeals, his notice of appeal shall be accompanied by a bond in the
amount fixed by the District Court judge, conditioned that he will prosecute the
appeal with effect, will pay all costs in the District Court and in the appellate
court, and will pay all loss or damage the grantee may suffer by reason of the
grantor remaining in possession of the premises. Upon noting the appeal and filing
the bond, the grantor may retain possession of the premises pending determination
of the appeal.

 

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Session Laws, 1973
Volume 709, Page 120   View pdf image
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