officer, to the satisfaction of the court from which the same issued, such delivery shall have the same effect to charge the sheriff, or 1852, c. 50, 169, 357. more to be county so far as sending of 143. The city of Baltimore shall be regarded as a county so far City of Baltias relates to the sending of process of any kind from one county to regarded as a another, and each of its courts, within its respective jurisdiction, relates to the shall have all the powers of the Circuit Court for a county in rela- process. tion to such process, but all executions or attachments on judgments Executions or decrees sent from another county shall be made returnable to the county returnSuperior Court of said city. from another able to Superior Court. Proceedings issuing an exe cution to ano- 521; 43 Md. 295. 144. The clerks of the courts of this State may issue an execu- 1878, c. 475. tion on judgment or decree at any time after the rendition thereof, precedent to directed to the sheriff of another county, whether a return of nulla bona to a writ of execution, issued to the sheriff of the county or city wherein the said judgment or decree was rendered, has been Md. 575; 31 Md. made or not, which writ of execution issued and directed to the sheriff of another county shall be made returnable to the Circuit Court of the county to which it may be sent, and if sent to the city of Baltimore returnable to the Superior Court of said city; and there shall be sent therewith by the clerk issuing the same, to the clerk of the court to which said writ shall be returnable, a copy of the docket entries in the case, upon which the court may proceed on said execution, by renewal or otherwise, in the same manner as if said execution had issued on a judgment or decree rendered in said court, and an attachment on judgment or decree shall be regarded as an execution within the meaning of this section; provided, nevertheless, that no execution or attachment on judgment shall be issued and directed to another county, if there has been no return of nulla bona until the plaintiff or plaintiffs, or his or their attorney of record shall make and file with the clerk, issuing the same, an affidavit that he or Affidavit. they are unable to discover in the county or city where the judgment or decree has been obtained, property from which the same can be realized; and, provided further, that no judgment or decree shall be a lien upon real estate situated in another county from that wherein Lien. the said judgment or decree was obtained, or in the city of Baltimore, except from the date of the entry of the copy of the docket entries by the clerk of the court to which the said writ shall be returnable. HABERE FACIAS POSSESSIONEM. Writ of habere onem, when to how obtained. 145. Whenever any lands or tenements shall be sold by any 1878, c. 141. sheriff, constable, coroner, or elisor, by virtue of any process or ex- facias possessiecution from any court or justice of the peace of this State, or by be issued and any trustee, under the decree of any court of this State, by the 20 Md. 5; 25 trustee of any insolvent petitioner, by any trustee under any volun- Md. 317; 32 Md. tary deed of trust, or by any mortgagee under a mortgage with 53; 42 Md. 378; power to sell, and the debtor named in such execution or decree, Md. 43, 50. 116, 297; 34 Md. 45 Md. 85; 47 Art. 75, s. 65. 1825, c. 103, s. 2. Powers of sheriff, etc., in execution of writ. Id. s. 66. 1831, c, 41. If officer die, resign, or re writ issued. the insolvent petitioner, grantor, or mortgagor in said deed of trust or mortgage, or any other person holding under said debtor, insolvent petitioner, grantor or mortgagor by title subsequent to the date of the judgment, decree, insolvent application, deed of trust or mortgage respectively, shall be in actual possession of the land and tenements sold, and shall fail or refuse to deliver possession of the same to the purchaser thereof, the judge of the Circuit Court of 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, shall, on application in writing, to be verified by the affidavit of the purchaser or his attorney, unless good cause to the contrary be shown by the debtor, insolvent petitioner, grantor or mortgagor, his agent or attorney, or other person. concerned, within not less than fifteen nor more than thirty days from the filing of such application as aforesaid, issue a writ in the nature of a writ of habere facias possessionem, reciting therein the proceedings which may have been had on said process, thereby commanding the said sheriff, constable, coroner, or elisor to deliver possession of the said lands and tenements to the purchaser thereof. And no such judge shall refuse to issue such writ because such purchaser may have entered into an agreement with the person in actual possession of such lands and tenements at the time of such sale, whereby the right of such person to remain in possession for a limited period is secured, if, after the expiration of the period limited by said agreement, such person shall refuse or fail to surrender up possession. 146. The said sheriff, coroner, or elisor, shall have all the powers in the execution of said writ that he may have in the execu tion of any writ of habere facias possessionem to him directed. 147. If the said sheriff, coroner, or elisor, shall die, resign, or be removed from or disqualified for office, or have his authority otherwise terminated after such sale, and before the writ in the nature of moved, to whom a writ of habere facias possessionem shall have been issued and executed, the court shall issue said writ to any succeeding sheriff, coroner, or elisor; and if any such officer to whom said writ is directed or who is charged with, or on whom may devolve the execution of such writ, shall die, resign, be removed from, or disqualified for office, or have his authority otherwise terminated before such writ shall be finally executed and returned, said writ shall be delivered to and executed and returned by any succeeding sheriff, coroner or elisor. Id. s. 67. 1831, c. 290, s. 5. Applicable to sales made by constables or sheriff's, upon executions 148. The provisions of the three last preceding sections shall apply to sales made by constables or sheriffs, upon executions issued by justices of the peace, after such sale is confirmed by the court, and the said writ may be issued by the court to which the proceedissued by jus- ings as to such sales shall be returned, as if the execution under which such sales shall have been made had issued from such court on a judgment therein recovered. tices of the peace. 1816, c. 152. 149. No application for a writ of habere under this article shall Id. s. 68. abate by reason of the death of the purchaser before obtaining pos- Writ not to session of the lands and tenements; but his heir or devisee shall of purchaser. have all the rights and remedies therein given to the purchaser. abate by death 14 Md. 62. EXEMPTION FROM EXECUTION. Const. art. 4, 150. One hundred dollars' worth of property of each defendant 1861, c. 7, s. 1. therein shall be exempt from execution issued on any judgment in s. 44. any civil proceeding whatever, except on judgments for breach of worth of proppromise to marry, or for seduction. erty exempt. How such prop erty selected. 151. Each defendant in any such execution may select property, Id. s. 2. real or personal, to the value of one hundred dollars, to be ascertained by three disinterested appraisers, to be summoned and sworn by the officer at the time of levying the execution, and the appraisement, signed by the appraisers, shall be returned with the writ. property to be 152. If any property of any defendant, whether real or per- Id. s. 3. sonal, cannot be divided so as to set apart a portion of it of the When the whole value of one hundred dollars, without loss or injury to all parties sold. concerned, then the whole shall be sold, and the defendant whose property is so sold shall have one hundred dollars of the proceeds in money, and whether the property can be divided without loss shall be determined by the appraisers; this section only to apply to cases where a single parcel of land or single article of personal property is levied on, and, in all such cases, the officer shall not sell To what cases unless the property offered shall bring more than one hundred dol- applicable. lars. What chattels exempt. 153. All wearing apparel, books, and the tools of mechanics, Ia. s. 4. shall be exempt from execution,. in addition to the property hereinbefore exempted, but this shall not apply to any books or tools kept · for sale. Not to impair mortgagees, mechanics, etc. 154. The preceding sections, relating to exemptions, shall not Id. s. 5. impair the lien of any vendor for the purchase money of land, nor liens of vendors, of any mortgagee, nor of any mechanic, or other person, for any debt contracted for or in aid of the erection of any building, nor for any levy thereon for taxes. 1870, c. 195, s. 1. not applicable. To what cases 41 Md. 435, 436, 155. The exemption herein shall not apply to any execution on a judgment rendered on any contract, or to any liabilities which existed when the act of 1870, c. 195, took effect (April 4th, 1870); 441; 45 Md. 564. and provided, that nothing herein contained shall be construed to To whom appliapply to any persons except actual bonâ fide residents of the State Cable. of Maryland. SALES AND NOTICES. 156. Any sheriff, or other officer to whom any execution may be directed, may 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 lands, tenements, or hereditaments. Id. s. 2. 1794, c. 60, s. 10; 157. Any person who shall purchase any equitable estate or 1810, c. 160, s. 2. interest in any lands, tenements, or hereditaments which may be equitable estate sold under the preceding section, shall be entitled, upon payment entitled to con- of the purchase money, to an assignment or conveyance of such Purchaser of veyance. Id. s. 3. cution from a equitable interest, to be made by the sheriff or other officer making such sale, and shall in consequence of such purchase and assignment or conveyance, stand as to title, and be entitled to such remedy against all persons and in all cases as the person whose title he may purchase. 158. Any constable or sheriff by virtue of any execution on any What may be judgment rendered by a justice of the peace, may seize and sell the sold under exe- interest and estate at law and in equity of the party against whose property said execution shall have issued in and to any lands or 28 Md. 388, 488. tenements within the county or city in which such execution shall issue. justice of the peace. Id. s. 4. 1813, c. 102, s. 7; c. 290, s. 1; 1833, c. 92. Legal notices to be given by 7 G. & J. 494; 159. The legal notice required to be given by any sheriff, con1816, c. 129; 1831, stable, coroner, or elisor, of the sale of any goods or chattels, lands, or tenements, under any execution, shall be as follows: in the case of the sale of goods and chattels, the notice shall be by advertisement set up at least ten days before the sale at the court-house door of the county or city, and at least two other public places most convenient to such goods and chattels, and in the case of lands or tenements, notice thereof shall be given by advertisement set up at least twenty days before the day of sale at the court house door of the county or city, and also published for the same period of time previous to the day of sale in one newspaper, if any, published in said county or city, but notice of a constable's sale of goods and chattels, need not be set up at the court-house door. Id. s. 5. 1828, c. 187. Editor neglect ing to publish notice, how officer to proceed. Id. s. 6. 1847, c. 334. Costs of publication. 160. If the editor of a newspaper in any county shall refuse or neglect to publish, on application to him by the sheriff, coroner, elisor, constable, or other officer, the notice required to be given by such officer for the sale of lands or tenements, the same may be given by advertisement set up at least twenty days before the sale at the court-house door, and other public places of the county in which such property may be, and the said officer shall annex to his return of the writ under which sale shall be made, a statement on oath of the refusal of said editor to publish said notice in his newspaper; and the demand of an exorbitant price by an editor shall be deemed a refusal. 161. Any sheriff, constable, or other officer who shall by virtue of any legal process give notice by publication in any newspaper of the sale of any lands or tenements, as required by law, may recover the costs of such publication from the defendant in such process as other legal costs, and if the defendant be unable to pay the same, the sheriff, constable, or other officer, after having paid the same, may recover the amount so paid from the plaintiff as other debts are collected. 1826, c. 178. to be given by 162. Whenever any judge, justice, commissioner, or auditor Id. s. 7. shall be required by law to direct the publication of any notice or what directions other advertisement in one or more newspapers, he shall direct the judge, etc., in place or places in which such notice or advertisement shall be pub- publication of lished, the number of papers in which it shall be inserted and the number of insertions in each 'paper, but shall not name such paper in the order of publication, but leave to the party at whose expense such notice or advertisement is to be published to select the paper and contract for the cost of publication; but when such publication shall be ordered to be made in the city of Baltimore, it shall be published in one or more of the daily newspapers published in said city. 163. In every case in which notice by publication in a newspaper is required to be made by any sheriff, coroner, elisor, constable or other officer, the defendant shall have the right to select the newspaper in which such notice shall be published, and upon his refusal or neglect so to do, the officer shall make publication in the newspaper making the lowest charge for the advertisement. Id. s. 8. 1834, c. 309, s. 2. In case of publiby sheriff, etc., cation of notice defendant to have right to select newspaper. Id. s. 9. 1831, c. 230, s. 2. Return of sale under execu of the peace to perior Court of Baltimore City. 164. Every constable or sheriff who shall sell any lands, tenements, or hereditaments, or any interest therein, by virtue of an execution from a justice of the peace, shall make return of the said tion from justice writ and all his proceedings thereunder in and about said sale, the Circuit therein setting forth the terms and length of notice, and manner and Court, or Su times and places of publication or giving notice of said sale, to the justice authorized to receive the return of said writ, who shall forthwith deliver all of the said return, together with the warrant and the proceedings of the justice thereunder, to the clerk of the Circuit Court of the county or the Superior Court of Baltimore City, as the case may be. 10 Md. 173; 11 Md. 332; 28 Md. 488. 1831, c. 290, s. 3. ratify and 165. The said sale, as to any lands or tenements, or any interest Id. s. 10. or estate therein, shall not pass or give any title or interest to the Court to finally purchaser, until such sale, after the delivery of the proceedings confirm. aforesaid to the said clerk, shall by the court have been on motion 28 Md. 388, 488. and notice as the said court as to mode and parties shall direct, finally ratified and confirmed. Id. s. 11. 1831, c. 290, s. 3. prise, vacate 166. The court, under said notice, may examine into any allegations of fraud or surprise as to the obtaining or rendering the judgment under which the sale shall have been made, and if the fraud and surcourt shall deem the judgment to have been obtained by fraud or judgment, and surprise, it shall vacate and annul the same and the sale aforesaid annul sale. without prejudice to the right of proceeding on the original cause of action. 1831, c. 290, s. 3. For what causes aside sale. court may set 167. If the court shall deem the sale to have been made unfairly, Id. s. 12. without due notice, or under any circumstances tending to prevent the estate sold from bringing a fair or full value, the court shall vacate and set aside the sale, saving to the party entitled to the benefit of the judgment to have further execution of the said judg |