1126 LAWS OF MARYLAND. [CH. 886

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 restitu-
tion of the possession of said premises and shall forthwith
issue his warrant to the sheriff or a constable in the respective
counties and to a constable in Baltimore City commanding him
forthwith to deliver to the lessor, his heirs, executors, adminis-
trators 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 shall feel himself aggrieved by such
judgment of said justice shall have the right of appeal there-
from 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 de-
fendant shall file with said justice, to be by him transmitted
with the papers in said case to said court, an 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 premises 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 aforesaid shall be issued to the sheriff
by the court so determining the same, who shall proceed forth-
with 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.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1945.

Approved April 27, 1945.