LANDLORD AND TENANT. 1923

An. Code, sec. 4A. 1912, ch. 534.

5. The Appellate Court, being then in session, shall, upon the applica-
tion of either party, set a day for the hearing of said appeal, not less than
five days nor more than fifteen days after such application; and notice of
such order for hearing shall be served on the opposite party or his counsel
at least five days before such hearing.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1882, ch. 355.

6. 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
forbear 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 warrant within
ten days after the end of said term of court.

Since this section provides method by which justices may be ousted of jurisdiction
in cases involving title to real estate, which method was not and could not have been
followed, such jurisdiction was upheld; appeal dismissed. Christopher v. Sisk, 133
Md. 51.

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.

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

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

See art. 52, secs. 7 and 8.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1874, ch. 414. 1882, ch. 355. 1886, ch. 470.

7. 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 expiration of the
current year of the tenancy; 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 forcible
entry and detainer; and the benefit of all such proceedings shall enure to