LAWS OF MARYLAND.— 1820.

755

therein at the time when such election ought to be made, and
shall not appear in court and elect, or refuse to elect to take the
said estate, or any part thereof, as the case may be, the court
shall pass an order, to be published in some convenient news-
paper at least four weeks successively, giving notice of the
return and confirmation of the commission, and appointing
some day in the term next succeeding that in which the said
order shall be passed, for such absent person to appear in court,
and make his or her election as aforesaid ; and on proof being
made to the satisfaction of the court of the due publication as
aforesaid, and on the non-appearance of the person so absent as
aforesaid, it shall and may be lawful for the person next enti-
tled, to come in and make election in the same manner as if the
person so absent had appeared and refused to take the estate, or
any part thereof, at the valuation of the commissioners.

absent,
court to
cause notice
to be pub-
lished, Stc.
on non-ap-
pearance
person next
entitled
may elect,
&c.

SEC. 31. And be it enacted, That if any person or persons
entitled to make election as aforesaid, shall be an idiot, non
compos mentis, deaf and dumb, or otherwise disqualified to de-
clare his or her intention, in such case the person next entitled
shall be authorized to make his or her election, in the same
manner as if the person disqualified as aforesaid had refused to
make election as aforesaid.

If an idiot,
&c. person
next enti-
tled may
elect, &c.

SEC. 32. And be it enacted, That in all cases where an elec-
tion shall be made by any person or persons under and in vir-
tue of this act, or by the husband in right of his wife, and the
valuation of the land of the said intestate hath been paid to the
heir or heirs of the deceased, by the person or persons so elect-
ing, the commissioners, or a majority of them, or the survivors
or survivor of them, shall under the direction of the court to
which the return or returns shall have been made, make and
execute to the person so electing, at his expense, a good and
valid deed of bargain and sale in fee simple.

Commis-
sioners to
execute
deeds to
persons
electing,
&c.

SEC. 33. And be it enacted, That in case the eldest male shall
not be of age to make his election, it shall and may be lawful
for the eldest female, if of age, to elect to take the land at the
valuation of the commissioners, notwithstanding the existence
of any male minor, any thing herein contained to the contrary
notwithstanding ; Provided always, that no female shall be per-
mitted to make an election unless she shall be of the age of
twenty-one years.

If eldest
male is not
of age to
make
election,
eldest fe-
male, if of
age, may
elect, &c.

SEC. 34. And be it enacted, That whenever any person shall
become entitled as tenant by the courtesy, to any part of the real
estate of an intestate, and the commissioners appointed in virtue
of this act shall determine that the estate will admit of division,
then the said commissioners shall be and they are hereby em-
powered and directed to ascertain and lay off the part or portion
of such tenant by the courtesy, of, in and to the said estate,

The part of
a tenant by
the courtesy
to be laid
off where
estate will
admit of
division &c.