650                              Laws of Maryland                      [Ch. 181

issue a warrant to the sheriff for the restitution of the possession
of said premises as hereinbefore provided; in case of appeal under
this section the papers in the case shall be immediately transmitted
by the [justice] District Court to the appellate court.

6.    No judgment for restitution when possessor alleges title in third

party.

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 hap-
pening since the commencement of the said lease or letting, by descent
or deed from or by device 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 jus-
tice] the District Court and made returnable within six days next
following, shall appear before [said justice] the court 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] court 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]
District Court shall forbear to give judgment for restitution and
costs; provided, that if the said claim shall not be prosecuted as afore-
said, the [said justice] District Court shall proceed to give judgment
for restitution and costs and issue [his] its warrant within ten days
after the end of said term of court.

7.    To what tenancies applicable; time of notices; removal under writ

of certiorari; not applicable in Baltimore City; exception
in Montgomery County.

The provision 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 case of tenancies from year to year in the counties, a
notice in writing shall be given three months before the ex-
piration of the current year of the tenancy, except that in case of
farm tenancies, the notice shall be given six (6) 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 proceeding
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, ex-
ecutors, 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 Baltimore 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 sub-
stituting 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.