Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1886-05-07
CHAPTER 40.

AN ACT to repeal and re-enact with
amendments, sections four and six
of Article fifty-three of the Code
of Public General Laws, entitled
Landlord and Tenant" subtitle
"Tenant Holding Over" as said sec
tions were amended by the Act of
eighteen hundred and eighty-two,
chapter three hundred and fifty-five.
SECTION /. BE 10 enacted by the General
assembly Of Maryland, That sections
four and six of Article fifty-three of
the Code of Public General Laws, title
Landlord and Tenant" subtitle
Tenant Holding Over" (as amended
by the Act of eighteen hundred and
eighty-two, chapter three hundred and
fifty-five,) be and are hereby repealed
and re-enacted to read as follows:
4. II upon hearing, the said parties,
or in case the tenant or person in pos
session, snail neglect to appear after
the summons and continuance as afore-
said, proof thereof being made, it
shall appear to the justice, and be by
him so found 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 ex-
pred, that due notice to quit as afore-
said, had been given to said tenant or
person IN possession, and that he or
they had refused so to do, the justice
shall thereupon give Judgment for the
restitution of the possession of said
premises, and shall forthwith issue his
warrant to the Sheriff commanding
him forthwith to deliver to the lessor,
his or her heirs, executors, administra-
tors 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 pos
session so holding over; any tenant
who shall feel himself or herself
aggrieved by such judgment of said
justice shall have the right of appeal
therefrom TO the Circuit Court of the
county or City Court of Baltimore
city, upon giving notice of his or her
desire so to appeal within ten days
from the rendition of said Judgment;
and if said defendant shall file with
said justice, to be by him transmitted
with the papers in SAID case to said
court, and sufficient bond with one or
more securities, conditioned that he
or they will prosecute said appeal, and
well and truly pay all rent in arrear,
and all rent which shall accrue pend
ing the determination Of said appeal,
then the tenant or person in posses
sion of said premises may retain pos
session thereof until the termination
of SAID appeal; and in case the judg-
ment of said justice shall be affirmed,
warrant as aforesaid, shall be issued
to the Sheriff by the court so deter
mining the same, who shall proceed
forthwith 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, il shall
issue a warrant to the Sheriff for the
restitution of the possession of said
premises as hereinbefore provided.
6. The provisions Of the preceding
sections shall apply to all cases OF
tenancies from year to year, tenancies
by the month and by the week pro-
vlded, that in cases of tenancies from
year to year, notice in writing shall
be given six months before the expira-
ton Of the current year, and in
monthly or weekly tenancies a notice
in writing Of one month or one week,
as the case may be, shall be so given,
and the same proceedings shall apply
so far as may be to cases of forclble
entry and detainer, and the benefit Of
all such proceedings shall inure to
the heirs, executors, administrators or
assigns Of the owner Of such estate, as
the case may be, in case Of removal Of