MOUSLEY VS. WILSON. 391

shall make oath," &c.; "and shall, with two sufficient sureties,
enter into bond to the lessor or lessors, in such sum as the said
justices shall think proper, not less than three hundred dollars,
to prosecute his, her or their claim to the next county court,"
&c.; "that then, and not otherwise, the said justices shall for-
bear to award restitution as aforesaid, of the possession as afore-
said."

It will be seen from this proviso, that the justices are only
authorized to forbear restoring the landlord to the possession of
the premises when he is proceeding under this act of assembly,
when the title is disputed, or claimed by some person, in virtue
of a right or title accrued or happening since the commencement
of the lease. Unless this is the case, that is, unless the tenant
can show, or there appear grounds for believing, that the title
has vested in some other person, after commencement of the
lease, the general rule, that a tenant shall not be permitted to
dispute the title of his landlord, shal,! prevail, and he will be
made to surrender up the possession.

But in this case, the title of these infant complainants, the
heirs at law of Richard L. Simpers, whatever that title may be,
did not accrue, or happen after the commencement of this lease,
from Wilson to Simpers. Their title accrued upon the death of
their father in 1846, and the lease commenced in the spring of
1847, so that the justices could not forbear to award restitution
of the possession to the landlord, if his case entitles him to the
benefit of the provisions of the act of assembly, as appears to
be conceded. The complainants, therefore, even if the tenant
should think proper to call them before the justices, could not
by any proceeding at law, prevent the possession from being
restored. There would, moreover, be another formidable dif-
ficulty in the way of these infant complainants. The act of
assembly requires them to give bond, with sufficient sure-
ties, to prosecute their claim at the next county court which
shall be held in and for said county, thereafter. But these par-
ties, being minors, could not give such bond, and for that rea-
son likewise, could not avail themselves of the benefit of the
act.