LANDLORD AND TENANT 2259

in possession so holding over; any tenant who shall feel himself aggrieved
by such judgment of said justice shall have the right of appeal therefrom
to the circuit court for the county, or the Baltimore City court, upon giving
notice of his desire so to appeal within ten days from the rendition of said
judgment; and if said defendant shall file with said justice, to be by him
transmitted with the papers in said case to said court, an affidavit made
by the person so appealing before said justice, or before some officer em-
powered by law to take acknowledgments of deeds, that said appeal is
not taken for delay, and also a good and sufficient bond with one or more
securities conditioned that he will prosecute said appeal with effect and
well and truly pay all rent in arrear and all costs in said case before the
justice of the peace and in the appellate court and all loss or damage
which the landlord or lessor, his heirs, personal representatives or as-
signs may suffer by reason of said tenant's holding over, including the
value of said premises during the time he shall so hold over, then the
tenant or person in possession of said premises may retain possession thereof
until the determination of said appeal; and in case the judgment of said
justice shall be affirmed, a warrant as aforesaid shall be issued to the
sheriff by the court so determining the same, who shall proceed forthwith
to execute the same; if the judgment of the justice shall be against the
lessor he shall have the right of appeal at any time within ten days after-
said judgment shall have been rendered, and the court to which such appeal
is taken shall review said cause and render such judgment as the justice
ought to have rendered; and if the judgment of said court shall be in favor
of the lessor, it shall issue a warrant to the sheriff for the restitution of
the possession of said premises as hereinbefore provided; in case of appeal
under this section the papers in the case shall be immediately transmitted
by the justice to the appellate court.

Landlord's acceptance of rent accruing subsequent to expiration of lease is not a
waiver of his right to enforce his judgment of restitution. Hopkins v. Holland, 84
Md. 93.

In case tenant appeals, he and his appeal bond are liable for rent as long as he
occupies the premises. Hopkins v. Holland, 84 Md. 93.

No appeal will lie from judgment of circuit court or Baltimore City court in exercise
of its appellate jurisdiction as conferred by this section, provided magistrate had
jurisdiction. Benton v. Stokes, 109 Md. 119. Roth v. State, 89 Md. 526. Clark v.
Vannort, 78 Md. 218. Burrell v. Lamm, 67 Md. 580; Mears v. Remare, 33 Md. 246.

Proper method of raising in court of appeals (on appeal from circuit court), question
of constitutionality of statutes conferring jurisdiction on magistrate, is by a writ of
certiorari founded on that specific ground. Roth v. State, 89 Md. 527.

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

The tenant may assert by way of defense, any equitable right or claim he may have.
Gelston v. Sigmund, 27 Md. 344.

The fixing of the amount of the appeal bond and the approval of the sureties, are
judicial acts. Knell v. Briscoe, 49 Md. 420.

An. Code, 1924, sec. 5. 1912, sec. 4A. 1912, ch. 534.

5. The Appellate Court, being then in session, shall, upon the applica-
tion of either party, set a day for the hearing of said appeal, not less than
five days nor more than fifteen days after such application; and notice of
such order for hearing shall be served on the opposite party or his counsel
at least five days before such hearing.

An. Code, 1924, sec. 6. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1882, ch. 355.

6. If the tenant or person in possession shall allege that the title to the
premises so leased or demised is disputed and claimed by some person whom