750

LAWS OF MARYLAND.— 1820.

estate not
taken to be
sold, &c.

sioners, at the valuation thereof, shall refuse to take the same at
such valuation, or a part only shall be taken by election, then
the estate, or the part which shall not be taken by election, as the
case may be, shall be sold by the commissioners, or a majority
of them, upon such terms and conditions as shall be prescribed
by the court, and the proceeds of such sale divided in the man-
ner hereinbefore directed.

Commis-
sioners,
after having
made parti-
tion shall
return their
proceedings

SEC. 12. And be it enacted, That the commissioners appointed
as aforesaid, or a majority of them, after having made partition or
allotment in manner aforesaid, shall return their proceedings to
the next county court to happen thereafter, which shall be rati-
fied or rejected as justice shall dictate, and if ratified, and no
appeal by either party, the partition made as aforesaid shall be
recorded, and remain and be binding, and if rejected, a new
partition shall be made and returned as aforesaid, and either
party may appeal from the judgment of the county court, to the
court of appeals of the shore.

Where
lands lie in
different
counties,
application
may be
made to
chancellor,
&c.

SEC. 13. And be it enacted. That if the lands or estate lie
in different counties, then an application may be made to the
chancellor, who shall appoint commissioners to make the whole
examination and division, or commissioners for each county
where the lands or other estate lie, as to him may seern most
convenient ; and the commissioners by him appointed, or a
majority of them, shall proceed in the same manner as directed
for commissioners appointed by the county courts, and shall
make returns to the chancellor for his confirmation or rejection,
and similar proceedings shall be had in the court of chancery
upon a commission issued from that court, as are before directed
upon commission issued from the county court ; and in case of
commission issued from the court of chancery either party may
appeal to the court of appeals of the western shore.

Commis-
sioners
.shall cause
notice to be
given to
parties, &c.
See sec. 50.

SEC. 14. And be it enacted. That in the execution of this act,
and before any proceeding is had by the commissioners, they or
a majority of them, shall cause notice to be given to all parties
concerned, by advertisement set up at the door of the court-
bouse of the county or counties where the lands may |ie, and
in such other public places in the county or counties as they

If a minor
is interested
who has no
guardian,
court to ap-
point one.

Proceeding
not set aside
for matter
of form.

may direct, at least thirty days previous to their proceeding to
execute the said commission.
SEC. 15. And be it enacted. That if any minor shall be inte-
rested, who hath not a guardian, then the court from which
the commission issues, shall appoint a guardian for the purpose.
SEC, 16. And be it enacted, That no proceedings of the com-
missioners shall be set aside for matter of form.

If the estate
consists of
things indi-
visible it

SEC. 17. And be it enacted, That if the estate consist of
things indivisible in their nature, then the commissioners, or a
majority of them, shall proceed to appraise and value the said