1644

LAWS OF MARYLAND

Ch. 478

APPEAL; (3) PAYS ALL RENT IN ARREARS, ALL COURT COSTS IN THE
CASE; AND (4) PAYS ALL LOSSES OR DAMAGES WHICH THE LANDLORD
MAY SUFFER BY REASON OF THE TENANT'S HOLDING OVER, THE
TENANT OR PERSON IN POSSESSION OF THE PREMISES MAY RETAIN
POSSESSION UNTIL THE DETERMINATION OF THE APPEAL. UPON
APPLICATION OF EITHER PARTY, THE COURT SHALL SET A DAY FOR
THE HEARING OF THE APPEAL NOT LESS THAN FIVE NOR MORE THAN
15 DAYS AFTER THE APPLICATION, AND NOTICE OF THE ORDER FOR A
HEARING SHALL BE SERVED ON THE OTHER PARTY OR HIS COUNSEL AT
LEAST FIVE DAYS BEFORE THE HEARING. IF THE JUDGMENT OF THE
DISTRICT COURT IS IN FAVOR OF THE LANDLORD, A WARRANT SHALL
BE ISSUED BY THE COURT WHICH HEARS THE APPEAL TO THE
SHERIFF, WHO SHALL EXECUTE THE WARRANT.

(C) IF THE TENANT OR PERSON IN POSSESSION ALLEGES

THAT THE TITLE TO THE LEASED PROPERTY IS IN DISPUTE AND

CLAIMED BY A PERSON WHOM HE SHALL NAME, BY VIRTUE OF A RIGHT

LEASE, BY DESCENT OR DEED FROM OR BY DEVISE UNDER THE LAST

WILL OR TESTAMENT OF THE LANDLORD, AND IF THAT PERSON

APPEARS, OR UPON A SUMMONS ISSUED BY THE DISTRICT COURT AND,

MADE RETURNABLE WITHIN SIX DAYS NEXT FOLLOWING, APPEARS

BEFORE THE COURT AND, UNDER OATH, DECLARES THAT HE BELIEVES

THAT HE IS ENTITLED TO THE LEASED PROPERTY AND, WITH TWO

SUFFICIENT SECURITIES, ENTERS INTO BOND TO THE PLAINTIFF, IN

A SUM THE COURT CONSIDERS PROPER AND REASONABLE SECURITY TO

THE PLAINTIFF TO PROSECUTE 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 MAY NOT GIVE JUDGMENT FOR RESTITUTION AND COSTS. IF

THE CLAIM IS NOT PROSECUTED, THE DISTRICT COURT SHALL

PROCEED TO GIVE JUDGMENT FOR RESTITUTION AND COSTS AND ISSUE

ITS WARRANT WITHIN TEN DAYS AFTER THE END OF THE TERM OF

COURT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 16, 1978.

CHAPTER 479
(Senate Bill 582)
AN ACT concerning

School Construction — Permit Fees

FOR the purpose of prohibiting the imposition     of fees for

certain permits issued in connection with   certain state

and local regulations and codes for school
construction.

BY repealing and reenacting, with amendments,