Marvin Mandel, Governor                         649

cause (if any he have) why restitution of the possession of the said
estate so demised should not be forthwith made to such lessor, his
heirs, executors, administrators or assigns.

3.    Continuance on failure of either party to appear.

Upon the failure of either of the parties to appear before [him]
the court on the day in such summons mentioned the [said justice]
court shall continue 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.

4.    Judgment and appeal.

If upon hearing the said parties, or in case the tenant or person in
possession shall neglect to appear after the summons and continuance
as aforesaid, proof thereof being made, [it shall appear to the justice
and be by him so found] the court finds 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 said tenant or person in possession
and that he had refused so to do, the [justice] court shall thereupon
give judgment for the restitution of the possession of said premises
and shall forthwith issue [his] its warrant to the sheriff or a con-
stable in the respective counties and to a constable in Baltimore City
commanding him forthwith to deliver to the lessor, his heirs, execu-
tors, administrators 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] the
court [shall have the right of] may 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] 30 days from the rendition of
said judgment; and if said defendant shall file with [said justice]
the court, to be by [him] it transmitted with the papers in said case
to [said court] the appellate court, an affidavit made by the person
so appealing [before said justice, or] before some officer empow-
ered 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] District Court and in the appel-
late 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 determina-
tion of said appeal; and in case the judgment of [said justice] the
District Court shall be affirmed, a warrant as aforesaid shall be is-
sued to the sheriff by the court so determining the same, who shall
proceed forthwith or execute the same; if the judgment of the [jus-
tice] District Court shall be against the lessor he shall have the
right of appeal at any time within [ten] 30 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] District Court ought to have rendered; and if the judgment
of [said] the appellate court shall be in favor of the lessor, it shall