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LEVIN WINDER, ESQUIRE, GOVERNOR.
5. AND BE IT ENACTED, That where any person
shall have devised,
or 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 laying in different
counties then to the court of the county where the greatest portion
of such lands and estate may lie,) for a commission 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. |
1814.
CHAP. 109.
Where lands are
devised to persons
as joint tenants
courts may make
division thereof. |
6. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, when so appointed, shall take the same oath, or affirmation,
as the case may be, as in such cases is required by the
act to which this is a further additional supplement, and shall proceed
to divide the said lands, tenements or hereditaments, 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. |
Commissioners appointed
to make
partition to take
an oath. |
1. AND BE IT ENACTED, That in cases where
a commission
may have been issued and not executed, or that 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, before they proceed in the
execution of said commission, shall cause notice thereof to be given
by advertisement 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 counties as they may direct, at least two months
previous to their proceeding to execute said commission, and such
notice shall be deemed and taken as a compliance with the eighth
section of the act to which this is a further additional supplement,
so far as the same relates to the notice to be given to all the parties
concerned. |
Where parties reside
out of state,
notice to be given. |
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CHAP. CX.
An Act for the relief of William French, of the City of Baltimore.
Lib. TH. No. 4, fol. 368. |
Passed Jan. 19, 1815. |
BE IT ENACTED, by the General Assembly of Maryland,
That
the judges of Baltimore county court be and they are hereby authorised
and directed, to extend to William French, of the city of
Baltimore, the full benefit of the act of assembly passed at November
session eighteen hundred and five*, entitled, An act for the
relief of sundry insolvent debtors, and the several supplements
thereto, without requiring the said William French to produce the
assent in writing of so many of his creditors as have due to them
two thirds in amount of the debts owing by him, as is prescribed
by the provisions of the said act and supplements, and notwithstanding
any payments made or preference given by the said William
French to any of his creditors. |
Benefit of insolvent
laws extended
to him.
* Ch. 110. |
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