DESCENTS

—To bear interest from the date of the election,
and to be made payable in such instalments as the
court shall direct,
—Instead of such bonds, one bond may be given to
the state and recorded, with such penalty and security
as the court shall approve, for the payment to the representatives
of their proportions,
    Where persons entitled to make election are absent,
an order to be passed and published in some convenient
newspaper, giving notice of the return, &c. and appointing
some day in the succeeding term for the party
to appear and make his election,
—On proof of publication, and on non-appearance
the next person entitled may elect,
—If the person entitled is an idiot, &c. the next person
entitled may elect,
    Bonds given where the estate is taken at a valuation,
or where, on the refusal of all, it is sold, to be a lien
on the lands till paid,
    Directions as to deeds, in cases where an election has
been made by the husband in right of his wife, and the
valuation paid,
    In case the eldest male child shall not be of age to
make his election under the act to direct descents, the
eldest female, if of age, may elect to take the land at
the valuation, notwithstanding the existence of any
male minor,
    The commissioners empowered and directed to lay
off the portions of tenants by the curtesy, of lands of
intestates, before they proceed to divide or value the
same,
—Such location to be made a part of the return,
—The chancellor, or the county courts, to determine
thereon, and confirm or reject the same, as in
other cases under the act to direct descents,
—Where persons become entitled ass such after the
return, and before the sale or division, the county courts
empowered to order the return to be altered,
—The commissioners thereupon shall alter their
returns, so that such tenant shall come in for his proportionable
share with the heirs,
    In case of sale of the intestate's real estate by the
commissioners, they shall proceed to sell the whole,
disencumbered by any tenancy by the curtesy, and
the chancellor, or the county courts, shall award to
him such proportion of the purchase money as they
shall think just, being directed by the age, health, &c.
of the tenant,
—Such award of payment shall be sufficient to bar
such tenant from every right and title to the lands, &c.
    In case the parties entitled cannot agree upon the
division, or any person entitled to be a minor, the commissioners
may divide the estate into as many parts as
it is susceptible of without injury, and ascertain the
value of each part,
—If the judgment of the commissioners be confirmed,
the right of election to take the several parts,
to be according to the rules of the act to regulate descents,
and its supplements,
    The person, at the time of the election, to give bond
with two or more sureties to be approved by the court,
to the other persons, for their proportions of the valuation,
—The bonds to bear interest from the day of the
election, and to be made payable in such instalments as
the court shall direct,
—The bonds to be a lien on the lands for the purchase
of which they were given,

  1802        94   2
 
 

  1815      205
 

  1802        94    3

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  1805      119
 
 

  1809      160    2
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