2258 ARTICLE 53

tenant or to the person actually in possession of the premises to remove from
the same at the end of said term, and if the said tenant or person in actual
possession shall refuse to comply therewith the lessor, his heirs, executors,
administrators or assigns may make.complaint thereof in writing to any
justice of the peace of the county or city wherein such real estate is situate.

As to ejectment in cases between landlord and tenant, see art. 75, sec. 78.

Secs. 1-8 referred to in construing art. 66, secs. 20-21. Smith v. Pritchett, 168 Md. 351.

If a justice of the peace has jurisdiction over proceedings' for restitution of leased
property, circuit court has jurisdiction on appeal and no appeal lies to court of appeals.
Who signs notice to quit where property has been sold; evidence of signature. Suffi-
ciency of complaint. Walker v. Kirwan, 137 Md. 140. And see Christopher v. Sisk,
133 Md. 51.

On appeal to court of appeals from action of circuit court on appeal from a justice
of the peace in a case instituted under this section, the only question open for de-
termination is whether circuit court had jurisdiction; appeal dismissed. Matthews v.
Whiteford, 119 Md. 123.

Complaint may be signed by counsel. Sufficiency of notice to quit; it may be
signed by landlord's agent; ratification by landlord. Benton v. Stokes, 109 Md. 120.
See also Cook y. Creswell, 44 Md. 596.

Notice to quit addressed to husband instead of wife; sufficiency of service of notice.
Cook v. Creswell, 44 Md. 596.

What the complaint must state. Burrell v. Lamm, 67 Md. 582.

As to the action of ejection between landlord and tenant, see art. 75, sec. 78.

As to the right of entry and action by a purchaser of property where rent is in
arrears at the time of such purchase, see art. 16, sec. 245.

As to procedure upon the allowance of a certiorari for removal of proceedings
between landlord and tenant before a justice of the peace, see art. 75, sec. 61...

See sec. 7.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1809, ch. 355.

2. The said justice shall forthwith issue his summons to the tenant
or person in possession that he be and appear on a day in said summons
mentioned before said justice to show cause (if any he have) why restitu-
tion of the possession of the said estate so demised should not be forthwith
made to such lessor, his heirs, executors, administrators or assigns.

On the landlord's appeal, the appellate court has no jurisdiction unless the tenant
is summoned. Mears v. Remare, 33 Md. 246.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1882, ch. 355.

3. Upon the failure of either of the parties to appear before him on
the day in such summons mentioned the said justice shall continue the case
to a day not less than six nor more than ten days after said day so first
named and notify the parties of such continuance.

An. Code, 1924, sec. 4: 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1882, ch. 355. 1886, ch. 470.

1890, ch. 626.

4. If upon hearing the said parties, or in case the tenant or person in
possession shall neglect to appear after the summons and continuance as
aforesaid, proof thereof being made, it shall appear to the justice and
be bv him so found that the said lessor, had been in possession of the
said premises so leased or demised, that the said lease or estate is fully
ended and expired, that due notice to quit as aforesaid had been given to
said tenant or person in possession and that he had refused so to do, the
justice shall thereupon give judgment for the restitution of the possession
of said premises and shall forthwith issue his warrant to the sheriff com-
manding him forthwith to deliver to the lessor, his heirs, executors, admin-
istrators or assigns possession thereof in as full and ample manner as
the lessor was possessed of the same at the time when the leasing or letting
was made, and shall give judgment for costs against the tenant or person