4522

LAWS OF MARYLAND

Ch. 820

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 hearing 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) 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.

8-402.1.

(b) If the court determines that the tenant breached
the terms of the lease and that the breach was substantial
and warrants an eviction, the court shall give judgment for
the restitution of the possession of the premises and issue
its warrant to the sheriff or a constable commanding him to
deliver possession to the landlord in as full and ample
manner as the landlord was possessed of the same at the time
when the lease was entered into. The court shall give
judgment for costs against the tenant or person in
possession. Either party may appeal to the circuit court
for the county, [or the Baltimore City Court] within ten
days from entry of the judgment. If the tenant (1) files