336 INHERITANCE. [ART. 47.

39. If the estate cannot be divided equally and fairly between
all the parties interested, according to their several just propor-
tions, then the commissioners, or a majority of them, shall have
power to divide the estate into as many parts as it is susceptible
of, without loss and injury to all the parties entitled, and to
ascertain the value of each part of such estate in current money,
subject to any encumbrance thereon.

40. If the commissioners, or a majority of them, shall deter-
mine that the land or estate can be divided, in either of the ways
hereinbefore mentioned, without loss or injury to all the parties,
they shall cause the lands to be surveyed and laid out by the
county surveyor, or such other person as they may think quali-
fied, for the several parties, in case the estate consists of lands;
and if the estate shall be equally divided between all the parties
interested according to their several just proportions, then the
commissioners, or a majority of them, shall allot to the several
parties their respective shares of the said land, and in case the
estate shall consist of houses, the commissioners, or a majority
of them, shall make allotment and partition between the parties.

41. If the estate cannot be divided into as many parts as there
are persons interested, but shall be divided into as many parts as
it is susceptible of, and the judgment of the commissioners shall
be confirmed by the court, the right of election to take the several
parts into which the estate may have beeni divided, shall be
according to the rules herein mentioned.

42. 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 court to
happen thereafter, and the same shall be ratified or rejected as
justice shall dictate, and if ratified, and no appeal by either party,
the partition made as aforesaid shall be recorded, aad 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 court to the Court o'f Appeals.

43. 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 estate, and make return thereof
to the court as hereinbefore directed, and if the judgment of
the commissioners shall be confirmed by the court, then the
person or persons entitled under this article to elect to take