Marvin Mandel, Governor                        1059

(2)    Judgment and appeal.

If upon hearing the parties, or in case the tenant or person in
possession shall neglect to appear after the summons and continuance
the court shall find that the landlord had been in possession of
the leased property, that the said lease or estate is fully ended
and expired, that due notice to quit as aforesaid had been given to
the tenant or person in possession and that he had refused so to do,
the court shall thereupon give judgment for the restitution of the
possession of said premises and shall forthwith issue its warrant
to the sheriff or a constable in the respective counties commanding
him forthwith to deliver to the landlord possession thereof in as
full and ample manner as the landlord was possessed of the same at
the time when the leasing was made, and shall give judgment for
costs against the tenant or person in possession so holding over.
Either party shall have the right to appeal therefrom to the circuit
court for the county, or the Baltimore City Court within ten days
from the judgment. If the tenant appeals and files with the District
Court an affidavit that the appeal is not taken for delay, and also
a good and sufficient bond with one or more securities conditioned
that he will prosecute the appeal with effect and well and truly pay
all rent in arrear and all costs in the case before the District
Court and in the appellate court and all loss or damage which
the landlord may suffer by reason of the tenant's holding over,
including the value of the 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.
The appellate court shall, upon application of either party, set a
day for the hearing of the appeal, not less than five nor more than
15 days after the application, and notice for the order for a hear-
ing shall be served on the opposite party or his counsel at least
five days before the hearing. If the judgment of the District Court
shall be in favor of the landlord, a warrant shall be issued by
the appellate court to the sheriff, who shall proceed forthwith to
execute the warrant.

(3)    No judgment for restitution when possessor alleges title
in third party.

If the tenant or person in possession shall allege that the title
to the leased property 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 lease, by descent or deed from or
by devise under the last will or testament of the landlord, and if
thereupon the person so claiming shall forthwith appear, or upon a
summons to be immediately issued by the District Court and, made
returnable within six days next following, shall appear before the
Court and shall, under oath, declare that he believes that he is
entitled in manner aforesaid to the leased property and shall, with
two sufficient securities, enter into bond to the plaintiff, in such
sum as the court shall think is a proper and reasonable security to
said plaintiff or parties in interest, to prosecute with effect his
claim at the next term of the circuit court for the county, or the
next term of the Baltimore City Court, as the case may be, then
the District Court shall forbear to give judgment for restitution
and costs. If the said claim shall not be prosecuted as aforesaid,
the District Court shall proceed to give judgment for restitution
and costs and issue its warrant within ten days after the end of
said term of court.