LAWS OF MARYLAND.— 1820.

759

SEC. 45. And be it enacted, That where any lands, tenements
or hereditaments, as aforesaid, shall lie in different counties of
different judicial districts, and the said lands, (although in dif-
ferent counties,) shall lie adjoining, then and in such case appli-
cation may be made to the court of the county where the great-
est portion of said lands and tenements may lie, for the sale oi
division thereof.

Where
they lie in
different
counties,
&c. and ad-
join how di-
vision to be
made.

SEC. 46. And be it enacted. That where lands, tenements of
hereditaments, as aforesaid, shall lie in different judicial districts
and not adjoining, but lie in different or detached parcels, then
and in such case application may be made in the several dis-
tricts to the respective county courts where the greatest propor-
tion of such lands and tenements may lie, for the sale or division
thereof as aforesaid.

Where they
lie in differ-
ent districts
and not ad-
joining,
how to be
divided.

SEC. 47. And be it enacted, That the same proceedings shall
be had on all such applications respectively, as if the lands and
tenements laid in one county.

Same pro-
ceedings to
be had as if
they lay in
one county.

SEC. 48. And be it enacted, That where any person may
hereafter devise any lands, tenements or hereditaments, to two
or more persons, by virtue of which devise such persons shall
be entitled to hold the said estate as joint tenants, or tenants in
common, according to the effect of such devise, it shall and
may be lawful for any one or more of such devisees, (being of
lawful age,) to make application to the county court of the
county where such lands and tenements may lie, or if lying in
different counties, then to the court of the county where the
greatest proportion of such lands and estate may lie, for a com-
mission to divide the same, and upon such application the court
shall appoint five judicious and disinterested persons to divide
and make partition among all the parties entitled to the same.

Devisees
may apply
for division
of lands de-
vised to
them as
joint te-
nants, &c.
and com-
missioners
be appoint-
ed, &c.

SEC. 49. And be it enacted, That the said commissioners, or
a majority of them, when so appointed, shall take the oath, (or
affirmation, as the case may be,) herein first before directed, and
shall proceed to divide the said lands, tenements or heredita-
ments, among the several devisees agreeably to the will of the
deceased, in the same manner, and with the same effect, as if a
writ of partition had been obtained for the same.

To take an
oath and
proceed to
make divi-
sion agreea-
bly to the
will of
deceased.

SEC. 50. And be it enacted, That in cases where a commis-
sion may hereafter issue from any county court, or the court of
chancery, to make partition of an intestate's estate, and any of
the parties interested reside out of this state, the commissioners,
or a majority of them, before they proceed in the execution of
said commission, shall cause notice thereof to be given by ad-
vertisement set up at the door of the court-house of the county
or counties, where the lands may lie, and in such other public
places in the county or counties, and also published in such

Where
parties in-
terested
reside out
of the state,
commis-
sioners
shall cause
notice to be
given, &c.
See sec. 14.