758

LAWS OF MARYLAND.— 1820.

Warrants
to issue to
such new
commis-
sioners, &c
New com-
missioners
to proceed
in the exe-
cution of
original
commis-

sion), &c.

SEC. 41. And be it enacted, That the register in chancery,
or the clerk of the county court, as the case may be, shall there-
upon issue a warrant, in the nature of a commission, directed to
the persons so appointed commissioners, reciting in substance
the facts set forth in said petition, and authorizing and requir-
ing the said commissioners, or the major part of them, if more
than two, forthwith to proceed in the execution and completion
of the original commission, and directing them to return the
said warrant, together with a certificate of their proceedings
annexed to the same, with all convenient speed, and the said
commissioners, upon receiving notice of the said warrant, shall
repair before a justice of the peace, in and for the county where-
in they shall respectively reside, and severally make oath or
affirmation, that they will well and faithfully perform the duties
required of them by the said warrant, and proceed in the exe-
cution and completion of the original commission therein men-
tioned, without favour, partiality or prejudice, and according to
the best of their judgments and understanding; and the said
justice shall duly certify the taking of such oath or affirmation,
and endorse his certificate on the said warrant, or annex it to
the same.

Commis-
sioners to
make a
return of
their pro-
ceedings,
&c.

SEC. 42. And be it enacted, That the commissioners so ap-
pointed and qualified shall be authorized and empowered, and
are hereby directed to proceed in the execution and completion
of the said original commission, and to make a true and full
return of their proceedings, according to the tenor and command
of the said warrant; and the acts and proceedings of the said
commissioners, or the major part of them, under and by virtue
of the said warrant, shall have the like effect, and be of the
same avail in law, as if such persons had been named and
appointed in and by the said original commission.

If a majori-
ty of them
qualify they
may pro-
ceed to act,
&c.

SEC. 43. And be it enacted. That whenever a majority of the
commissioners to be appointed in virtue of this act shall qualify,
they may proceed in the execution of the same, in the same
manner as they may do when the whole commissioners qualify
as aforesaid.

Where
lands lie in
different
counties in
same judi-
cial district,
how divi-
sion, &c.
may be
made.

SEC. 44. And be it enacted, That where any lands, tenements
or hereditaments, of any person dying intestate, shall lie in dif-
ferent counties, it shall not be necessary for the parties interested
therein to apply to the chancellor for a commission thereon to
sell or divide the same, but when it shall so happen that such
lands, tenements or hereditaments, lie in different counties
included in any one judicial district of this state, then and in
such case application may be made to the county court of such
judicial district where the greatest part of said lands and tene-
ments may lie.