570

LAWS OF MARYLAND.

should not be forthwith made to such lessor, his

or her heirs, executors, administrators or assigns.

SEC. 3. Upon the failure of either of the parties

to appear before him on the day in such sum-

mons mentioned, the said justice shall continue

Failure to ap-
pear.

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.

SEC. 4. If upon hearing the said parties, or in

case the tenant or person in possession shall ne-

glect to appear after the summons and continu-

ance, as aforesaid, proof thereof being made, it

shall appear to the justice and be by him so found

Neglect to ap-
pear.

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

the said tenant or person in possession, and that

he or she had refused so to do, the justice shall

thereupon give judgment for the restitution of

the possession of said premises, and shall forth-

with issue his warrant to the sheriff commanding

him forthwith to deliver to the lessor, his or her

heirs, executors, administrators or assigns, possess-

ion 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 judg-

ment for costs against the tenant or person in

possession so holding over. Any tenant who shall

feel himself or herself aggrieved by such judg-

Right of ap-

ment of said justice, shall have the right of

peal.

appeal therefrom to the Circuit Court of the

county or City Court of Baltimore city, upon giv-

ing notice of his or her 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 or she

Prosecute ap-

will prosecute said appeal and well and truly pay

peal.

all rent in arrear, and all rent which shall accrue

pending the determination of said appeal, then the

tenant or person in possession shall retain pos-

session of the said premises until the termination

of said appeal, and in case the judgment of the