1392 LANDLORD. AND TENANT. [ART 53

before the expiration of said term or determination of said
will to the 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,
adminstrators 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.

Gwynn v Jones' Lessee, 2 G. & J. 173. DeYoung v. Buchanan, 10 G. &
J. 149. Vrooman v. McKaig, 4 Md. 450. Colvin v. Warford, 20 Md. 396.

1888, art. 53, sec 2. 1860, art. 53, sec. 3. 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 restitution of the possession of the
said estate so demised should not be forthwith made to such
lessor, his heirs, executors, administrators or assigns.

Ibid. 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.

Ibid. sec. 4. 1860, art. 53, 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 by 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 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