ART. 53] TENANTS HOLDING OVER. 1305

ferring jurisdiction on the magistrate, is by a writ of certiorari founded on
that specific ground. Roth v. State, 89 Md. 527.

On the landlord's appeal, the appellate court has no Jurisdiction unless
the tenant Is summoned- Mears v. Remare, 33 Md. 246.

The tenant may assert by way of defense, any equitable right or claim
he may have. Gelston v. Sigmund, 27 Md. 344.

The fixing of the amount of the appeal bond and the approval of the
sureties, are judicial acts. Knell v. Briscoe, 49 Md. 420.

1904, art. 53, sec. 5. 1888, art. 53, sec. 5. 1860, art 53, sec. 5. 1882, ch. 355.

5. If the tenant or person in possession shall allege that the title to
the premises so leased or demised 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 said lease or letting, by
descent or deed from or by devise under the last will or testament of
the lessor, and if thereupon the person so claiming shall forthwith
appear, or upon a summons to be immediately issued by said justice and
made returnable within six days next following, shall appear before
said justice and shall, on oath to be administered by him, declare that
he verily believes that he is entitled in manner aforesaid to the said
premises so leased or demised and shall, with two sufficient securities,
enter into bond to the plaintiff, his heirs or assigns in such sum as the
said justice 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 said justice shall for-
bear to give judgment for restitution and costs; provided, that if the
said claim shall not be prosecuted as aforesaid, the said justice shall
proceed to give judgment for restitution and costs and issue his war-
rant within ten days after the end of said term of court.

The claimant must assert his title before the magistrate, and In the
manner above prescribed. Clark v. Vannort, 78 Md. 221.

Unless the title accrued since the lease, this section has no application.
Where parties are Infants, they cannot give a bond, and hence cannot avail
themselves of this section. Mousley v. Wilson, 1 Md. Ch, 390.

The fact that prior to the expiration of A's term, the landlord has leased
the premises to B, such lease to begin upon the expiration of A's term, can
not be availed of as a defense under this section. Gelston v. Sigmund, 27
Md. 352.

Cited but not construed in Roth v State, 89 Md. 527.

See art. 52, sections 7 and 8.

Ibid. sec. 6. 1888, art. 53, sec. 6. 1860, art. 53, sec. 6. 1874, ch. 414.
1882, ch. 355. 1886, ch. 470.

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; provided, that in cases of tenancies from year to year in the
counties, a notice in writing shall be given six months before the expira-
tion of the current year of the tenancy; and in monthly or weekly ten-
ancies, 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 forcible entry and detainer; and the benefit of all
such proceedings shall enure to the heirs, executors, administrators or