342 INHERITANCE. [ART. 47.

part of their return to such commission; and the court shall
determine thereon, and confirm or reject the same, as in other
cases.

63. In case of sale of the intestate's real estate by the com-
missioners, if the widow will consent to the sale, she shall
signify and subscribe her consent in writing, and the same shall
be filed with the clerk of the court, and thereupon the said
commissioners shall proceed to sell the whole real estate agreeably
to the terms prescribed to them, disencumbered by any right of
dower, and the court shall award to the widow such proportion
of the purchase money as shall be just and equitable, not ex-
ceeding one-seventh part nor less than one-tenth part of the net
amount of the sales, according to the age, health and condition
of such widow; and such award of payment shall be a sufficient
bar to all right of dower which such widow may claim in said
lands.

64. The court shall allow to each commissioner for every day
he shall necessarily attend in the execution of such commission,
a sum not exceeding two dollars per day; and to the surveyor
employed by them (when necessary) a sum not exceeding six
dollars per day for himself and chain carriers, and such other
expenses as they may deem reasonable and proper; all which
allowances and expenses, together with the fees on the issuing and
return of such commission, shall be paid by the representative
applying for the commission, when the lands or estate are
divided, or by the representative making his election to take the
estate; and such representative may charge the other represent-
atives with their respective proportions of the whole sum so
paid, and each other representative, or his guardian, shall be
obliged to repay or allow him his part thereof respectively; and
in case the lands or estate shall be sold by the commissioners,
they shall then pay, out of the money arising from the sale, the
whole of the expenses attending the execution of their commis-
sion, to be allowed as above by the court.

65. In all cases where an election shall be made by any person
under and in virtue of this article, 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 so
electing, the commissioners, or a majority of them, or the sur-
vivors or survivor of them, shall, under the direction of the court
to which the return or reiurns shall have been made, make and