1054
|
LAWS OF MARYLAND.— 1831.
|
|
the court for surveying and ascertaining the premises, it shall
appear to the court that a sale as aforesaid, will be most equita-
|
Court em-
powered to
decree a
sale.
|
ble or beneficial for all concerned, said court may decree a sale
accordingly, which shall be made and conducted in course and
manner and on the terms and conditions usual in cases of sales
of land under decrees in chancery, and if it shall appear as
|
Or specific
division,
|
aforesaid to the court, that there ought to be a specific division
and allotment of the said lands or tenements for, and in respect
of said term of years or leasehold interest, such division and
allotment may accordingly be decreed, and shall be made and
conducted in manner as is lawful in equity, in cases of partition
of freehold estate, and subject to such terms and reservations
as to paying proportions of the rents, if any, and in other re-
spects, as to said court shall seem equitable and proper.
|
Chancery
court and
courts of
equity may
order
lease in-
stead of
sell estate,
in the city
of Balti-
more.
|
SEC. 2. And be it enacted, That in all cases where by the
act, passed at December session of the year eighteen hundred
and sixteen, chapter one hundred and fifty-four, and by the act,
passed December session of the year eighteen hundred and
eighteen, chapter one hundred and ninety-three, or under the
provisions of this act, it may be lawful for the chancellor or any
county court, sitting as a court of equity, to decree the sale of
any lands, tenements or hereditaments of any infant or infants,
it shall and may be lawful for the chancellor or any county
court, instead of such sale, to decree that such lands, tenements
or hereditaments, or any part thereof, if situate in the city of
Baltimore, be demised for a term of years, renewable forever or
otherwise, and yielding such rents, and subject to such terms,
covenants and conditions, as to said chancellor or court, shall
seem proper, and as in the premises, shall be finally ratified and
confirmed by said chancellor or court ; and said demises shall
take place attd be made and executed in manner, and under such
terms and regulations as said chancellor or court shall order or
decree.
|
Power of
decreeing
demises
estended.
|
SEC. 3. And be it enacted. That said powers of decreeing
demises shall extend to cases where the infant or infants, shall
be seized of a remainder or reversion ; Provided, the assent of
the tenant of the particular estate, and of subsequent or inter-
mediate remainder-men, or of the reversioners, whose estate or
estates shall make up and embrace the whole fee, be obtained to
the demise or demises, or the decree therefor, and also to the
case where the infant or infants, be tenants of the particular
estate for years or life or otherwise; and where an infant or
infants as aforesaid, shall be presumptively or apparently, for
the time being, entitled to any contingent or other remainder or
reversion, such infant or infants shall be entitled for, and in re-
spect of the estate of such remainder or reversion, to claim as
aforesaid, a decree for a demise as aforesaid ; and any person of
|
|
|