ART. 53] EJECTMENT BY LANDLORD. 1393

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, au affidavit made by the person so appealing 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 tenant's holding over, including the value of said prem-
ises 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 afore-
said 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 token shall review said cause and render such judg-
ment 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 trans-
mitted by the justice to the appellate court.

Mears v. Remare, 33 Md. 246. Burrell v. Lamm, 67 Md. 682. Clark v.
Vannort, 78 Md. 220. Hopkins v. Holland, 84 Md. 93. Roth v. State, 89
Md. 527.

1888, art. 53, sec. 5. 1860, art. 53, sec. 5. 1882, 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
claimed by some person whom he shall name, by virtue of a
right or title accruing or happening since the commencement
of the said lease or letting, by descent or deed from or by
devise under the last will or testament of the lessor, and if
thereupon the person so claiming shall forthwith appear, or