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LAWS OF MARYLAND.

SEC. 638. And be it enacted, That in case judgment shall be

given in favor of said lessor in the manner aforesaid, and the

tenant shall fail to comply with the requirements of the said

order within two days aforesaid, the said justice of the peace

shall on or at any time after the expiration of said two days issue

To repos-
sess

his warrant, directed to any constable of the city of Baltimore

that the lessor may elect, ordering him to cause said lessor to

have again and re-possess said premises by putting him (or his.

duly qualified agent or attorney for his benefit) in possession

thereof, and for that purpose to remove from said premises, by

force if necessary, all the furniture, implements, tools, goods,

effects or other chattels of every description whatsoever belong-

ing to said tenant, or to any person claiming or holding by or

under said tenant.

SEC. 639. And be it enacted, That the tenant may appeal from

the judgment of the justice of the peace to the Baltimore city

court, at any time within two days from the rendition of such

judgment; the tenant in order to stay any execution of the judg-

ment, shall give a bond to the landlord with one or more securities,

who are owners of sufficient leasehold or real estate in Baltimore

Appeal

city, with condition to prosecute the appeal with effect, and.

answer to the landlord, his executors, administrators, in all costs.

and damages mentioned in the judgment, and such other damages

as shall be incurred and sustained by reason of said appeal; the

aforesaid bond shall not effect in any manner whatever the right

of the lessor to proceed against said tenant, assignee or under

tenant for any and all rents that may become due and payable to

the lessor after the rendition of said judgment.

SEC. 640. And be it enacted, That the fee and charges of the

justice of the peace and constables under this act shall be the

following and no other: "first cost," to the justice of the peace for

preparing the written complaint and taking the affidavit of the

plaintiff thereto twenty-five cents, and for issuing the summons

to the tenant and preparing attested copy twenty-five cents;

"second costs," for every judgment rendered where there is no

Fees.

trial twenty-five cents, for every judgment rendered on trial fifty

cents, and ten cents additional for every witness sworn or ex-

amined; "third costs," for preparing and taking the bond of

tenant in case of appeal twenty-five cents, for the warrant for re-

entry (in case it be issued) twenty-five cents; "first cost," to the

constable for serving the summons forty cents; "second cost," for

executing the warrant for re-entry one dollar; and any justice

of the peace or constable who shall charge or receive more than

the actual fees prescribed for each specific act performed as the

case proceeds shall be deemed guilty of a misdemeanor, and on

conviction thereof shall be subject to and pay a fine or penalty pf

not less than one hundred dollars or more than three hundred