366 LANDLORD AND TENANT. [ART. 53.

tution of the possession of the said lands, tenements or messuages

so demised, let or leased, should not be forthwith made to such

lessor, his heirs, executors, administrators or assigns.

4. If, upon hearing the said parties, or in case the tenant in

possession shall neglect to appear, after being summoned as
aforesaid, proof thereof being made, it shall appear in testimony
to the said jury, and be so on their oath by them found, that the
said lessor had been in possession of the lands, tenements and
messuages as aforesaid; and that he demised, let or leased them
as aforesaid; that the said lease or estate is fully ended and ex-
pired; that due notice to quit as aforesaid had been given to
the said tenant in possession, and that he refused so to do, the
justices shall thereupon award restitution of the possession of the
said lands, tenements and messuages, and shall forthwith issue
their warrant under their hands and seals to the sheriff, com-
manding him forthwith to deliver to the lessor, his heirs, exe-
cutors, administrators or assigns, possession thereof in as full
and ample a manner as the lessor was possessed of the same at
the time when the lease was made and executed, and shall give
judgment for costs against the tenant so holding over; and if
required by the lessor, his heirs, executors, administrators, or
assigns, shall forthwith issue execution against the said tenant
for the same.

5. If the tenant in possession shall allege that the title to the
said lands, tenements, and messuages, is disputed and claimed
by some other person whom he shall name, by virtue of a right
or title accruing or happening since the commencement of the
said lease, by descent, deed, or under the last will and testament
of the lessor; and if, thereupon, the person so claiming shall .
forthwith appear, or upon a summons to be immediately issued
by said justices, and returnable in six days next following, shall
appear before said justices, and shall, on oath to be administered
by them, declare that he verily believes that he is entitled in
manner aforesaid to the lands, tenements and messuages in ques-
tion; and shall, with two sufficient securities, enter into bond to
the lessor, his heirs or assigns, in such sum as the said justices
shall think proper, not less than eight hundred dollars, to prose-
cute his claim at the next Circuit Court for the county, then the
said justices shall forbear to award restitution, and cease to
give judgment for costs; Provided, that if the said claim shall
not be prosecuted as aforesaid, the said justices shall proceed to
award restitution, and issue their warrant, give judgment, and