PLEADINGS, PRACTICE AND PROCESS AT LAW 2831

to the court where said suit is depending, by affidavit, or be proved upon
the trial in case the defendant appears, that half a year's rent was due be-
fore the said declaration was served and that the lessor or landlord had
power to re-enter, then and in every such case the lessor or landlord shall
recover judgment and execution in the same mariner as if the rent in arrear
had been legally demanded and a re-entry made; and in case the lessee, or
his assignee, or other person claiming or deriving under the said lease
shall permit and suffer judgment to be had and recovered on such trial in
ejectment and execution to be excuted thereon, without paying the rent
and arrears, together with full costs, and without proceeding for relief in
equity within six calendar months after such execution executed; in every
such case the said lessee, his assigns, and all other persons claiming and
deriving under the said lease shall be barred and foreclosed from all relief
or remedy in law or equity other than by bringing error or appeal for
reversal of such judgment, in case the same shall be erroneous; and the said
lessor or landlord shall from thenceforth hold the said demised premises
discharged from such lease; and if, on such ejectment, a verdict shall pass
for the defendant, or the plaintiff shall be non-suited therein, then, and in
every such case, the defendant shall have and recover his costs; provided
that nothing herein contained shall extend to bar the right of any mort-
gagee of such lease, or any part thereof, who shall not be in possession, so
as such mortgagee shall and do, within six calendar months after such
judgment obtained and execution executed, pay all costs and damages sus-
tained by such lessor or person entitled to the remainder or reversion as
aforesaid, and perform all the covenants and agreements which, on the
part and behalf of the first lessee, are and ought to be performed.

As to landlord and tenant, see art. 53.

The provision of this section as to the filing of affidavit does not deny the plaintiff
the right to produce evidence in open court that rent was in default. Brandt, Inc. v.
Y. W. C. A, 169 Md. 607.

In a proceeding under this section, rent falling due subsequent to filing of declaration
cannot be recovered, qua rent; such rent may, however, be considered in fixing plain-
tiff's damages. The right to rent and taxes due prior to filing of declaration is not
extinguished by action of ejectment. As this section does not provide what shall
be included in declaration, sec. 76 must be looked to for that purpose; declaration held
sufficient. Not only plaintiff's right of possession, but damages and mesne profits may
be recovered under this section as well as under sec. 76. Res adjudicata. History of
this section. Gibbs v. Didier, 125 Md. 493.

This section is a modification of second section of statute of 4 George II, ch. 28,
providing how and in what manner process shall be served. The fourth section of
last named statute is in force in Maryland and has not been modified; discontinuance
of proceeding under latter section upheld. Chesapeake Realty Co. v. Patterson, 138
Md. 248.

This section is a substantial re-enactment of second section of statute of 4 George II,
ch. 28. The latter statute applies to a perpetual lease and dispenses with a previous
demand of rent and re-entry, and substitutes service of a copy of declaration in eject-
ment, in all cases where landlord has right by law to re-enter. Campbell v. Shipley, 41
Md. 93 (see also dissenting opinion, page 101).

To make a judgment by default a bar to a lease under the statute of 4 George II, ch. 28
(of which this section is a substantial re-enactment), record must disclose such facts and
circumstances as show that court designed to exercise the authority conferred by statute.
Proceedings have no connection with statute. When the required affidavit should be
filed. Walter v. Alexander, 2 Gill, 204.

The practice under sec. 76, differentiated from that under this section. MacKenzie
v. Renshaw, 55 Md. 296.

The act of 1872, ch. 346, referred to in deciding that where a lease provided that if
rent were more than ninety" days in arrear landlord should be entitled to immediate
possession, ejectment might be brought without a previous demand. Shanfelter v.
Horner, St Md. 628.

As to the effect of.ejectment proceedings by. the. landlord upon the rights of a mortgagee
of the leasehold interest, see Abrahams v. Tappe, 60 Md, 317.

See notes to see. 76.