ART. 53.] TENANTS HOLDING OVER. 893

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 commanding him forthwith to deliver to the
lessor, his heirs, executors, administrators 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 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, a good and sufficient bond, with one or more securities,
conditioned that he will prosecute said appeal and well and
truly pay all rent in arrear, and all rent which shall accrue
pending the determination of said appeal, then the tenant or
person in possession of said premises may retain possession
thereof until the determination of said appeal; and in case the-
jndgment 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 judg-
ment shall have been rendered, and the court to which such ap-
peal 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.
Mears v. Remare, 33 Md. 246. Burrell v. Lamm, 67 Md. 582.

P. G L , (1860,) art. 53, sec. 5. 1883, ch. 355.

5. If the tenant or person in possession shall allege that the
title to the premises so leased or demised is disputed and