2260 ARTICLE 53

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 se-
curity 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. 8 and 9.

An. Code, 1924, sec. 7. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1874, ch. 414. 1882, ch. 355.

1886, ch. 470. 1927, ch. 560.

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; pro-
vided, 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 writ-
ing 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 assigns of the owner of such estate
as the case may be. In case of removal of such proceedings under a writ
of certiorari, a sufficient record thereof shall be the original papers with a
copy of the judgment and entries by the justice under his hand and seal.
This section, so far as the same relates to notices, shall not apply to Balti-
more City. Nothing contained in the laws relating to landlord and tenant
contracts shall be construed as preventing the parties to any such contract,
by agreement in writing, from substituting a longer or shorter notice to
quit than heretofore required or to waive all such notice, provided the
property to which such contract pertains is located in any special taxing
area, or incorporated town of Montgomery County.

Forcible entry and detainer; no notice to quit necessary; writ of certiorari. Roth v.
State, 89 Md. 528. Clark v. Vannort, 78 Md. 221. See also Rawlings v. Rawlings, 3
H. & McH. 438.

As to juries in cases of forcible entry and detainer, see art. 51, sec. 21.

As to the procedure upon the allowance of certiorari for removal of proceedings
between landlord and tenant before justice of the peace, see art. 75, sec. 61.

See notes to sec. 1.