2614 INDEX TO THE

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if of age, shall have his election to take the whole estate, and to

pay the others their respective proportions of the value thereof in

money, and if he refuses so to do, then the next entitled in point

of age, shall have his election, and so on, and if all refuse, then the

estate shall be sold by the commissioners under the direction of the

court, but if all the parties shall be minors, the estate shall not he

sold until the eldest arrives at full age — 1820, ch. 191,

748

When the estate can be divided, the commissioners shall divide the

same equally between all the parties, and if the estate be divided

into a less number of parts than there are persons entitled to the

same, the right of election shall take place as is directed by the

preceding section of this act, and if any of the parties who shall

be of age, and entitled to elect, shall refuse to take the part at the

valuation, the same shall be sold by the commissioners under the

direction of the court — 1820, ch. 191, sec. 10, 11,

749

The commissioners shall make a return of their proceedings to the

county court, and if the same be ratified, and there be no appeal,

the partition shall be recorded, but if the proceedings of the com-

missioners be not ratified and confirmed, a new partition shall be

made— 1820, ch. 191, sec. 12, .......

750

Either of the parties may appeal from the judgment of the county court

to the court of appeals of the shore — 1820, ch. 191, sec. 12,

750

Where the lands be in different counties, application may be made to

the chancellor, &c. and either of the parties may appeal to the court

of appeals for the western shore — 1820, ch. 191, sec. 13,

750

Commissioners shall give at least thirty days public notice before they

proceed to execute the commission — 1820, ch. 191, sec 14, .

750

If any minor he interested, who has not a guardian, the court may as-

sign a guardian for him for the purpose — 1820, ch. 191, sec. 15, .

750

Proceedings not to be set aside for matters of form — 1820, ch. 191,

sec. 16, ..... ......

750

If the estate consist of things indivisible, the commissioners shall

make a return of their value, and there shall be the same right of

election as of other estates — 1820, ch. 191, sec. 17, ...

750

If all refuse to elect, then the estate shall he sold under the direction of

the court— 1820, ch. 191, sec. 17, ......

750

When the estate is sold on credit, the commissioners to take bonds

with security payable to each representative for his respective share

—1820, ch. 191, sec. 18, ........

751

When the estate ia incapable of division, the person electing (o take the

whole, to give bond to the other persons entitled, payable in such

instalments as the court shall direct— 1820, ch. 191, sec. 19,

751

The bonds so given, to be a lien on the land until wholly paid — 1820,

ch. 191, sec. 20, 21, .........

751

The court may direct the bonds to be given to the state of Maryland,

with condition of payment to the representatives of their respec-

tive proportions — 1820, ch. 191, sec. 22, .....

752

Said bonds to be recorded in the county court out of which the com-

mission issued, or in the court of appeals for the western shore in