396 LANDLORD AND TENANT. [ART. 53

said case to said court, an affidavit made by the person so appeal-
ing before said justice, or before some officer empowered 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 assigns may suffer by reason of said
tenants holding over, including the value of said premises during
the time he shall so hold over, then the tenant or person in pos-
session 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.
Clark v. Vannort, 78 Md. 220. Hopkins v. Holland, 84 Md. 93.

1898, ch. 92.

27. The right of a tenant to remove fixtures erected by him
under one demise or term shall not be lost or in any manner
impaired by reason of his acceptance of a new lease of the same
premises without any intermediate surrender of possession.

1896, ch. 19.

28. A covenant or promise by the lessee to leave, restore, sur-
render or yield up the premises in good repair, shall not have the
effect to bind him to erect similar buildings or pay for such build-
ings as may be destroyed by fire or otherwise without negligence
or fault on his part, unless otherwise expressly provided by writ-
ten agreement or covenant that he shall be so bound.