majority of them, shall allot to the several parties their respective
shares of the said land (g,)and in case the estate shall consist of
bonuses, the commissioners shall make allotment and partition between
the parties; and the commissioners appointed, after having
made partition or allotment in manner aforesaid, shall return their
proceedings to the next county court to happen thereafter, which
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, and remain and be binding; and if rejected, a
new partition shall be made and returned as aforesaid, and either
party may appeal to the chancellor from the judgment of the county
court; and if the intestate has died possessed of more tracts of
land than one, then the division shall be made so as not to split
the several tracts of lands, if it can be done consistently with
equality, and if it cannot be exactly done by this mode, then so
much of the larger or more valuable tracts of land shall be taken
and added to the less valuable as will make the portion equal in

health and condition, of the widow, and such award of payment shall bar her of
dower, &c.  By Nov. 1809, ch. 160, s. 3, if any person shall become entitled as tenant
by the curtesy, to an undivided part of the real estate of an intestate, after the return
of the commissioners, and before the sale or division thereof, the county
court shall order that the commissioners alter and change their return, and the
return shall be altered in such manner as that the tenant by the curtesy shall
come in for his proportionable share of the intestate's estate with those who by
law are entitled to take as heirs of the intestate.  By Nov. 1809, ch. 160, s. 4, in
case of the sale of the intestate's real estate by the commissioners, they shall proceed
to sell the whole real estate of the intestate, agreeably to the terms prescribed
to them, disencumbered by any tenancy by the curtesy; and the chancellor, or
county court, shall award to the tenant by the curtesy such proportion of the
purchase money as he or they shall think just and equitable, according to the
age, health, and condition of such tenant, and such award of payment shall bar
such tenant from all right, &c.  By 1810, ch. 28, s. 2, and 1811, ch. 200, s. 1,
where any person is entitled by deed or devise to a life estate in an undivided part
of the real estate of an intestate, the same proceedings shall be had as are directed
with regard to tenancies by the curtesy by the act of Nov. 1809, ch. 160; and
where any person is entitled by deed or devise to the remainder after such life estate,
the same proceedings shall be had as are directed where a person is entitled
to an undivided part of an intestate's estate, subject to a tenancy by the curtesy.
    (g)  By Nov. 1812, ch. 68, s. 1, in any case wherein all the commissioners have
died, or shall die, before having completely executed the commission, &c. the
chancellor or county court, on application by petition, &c. to appoint other discreet
and sensible men for the purpose of proceeding in the execution and completion
of the commission originally issued, &c.  By section 2, the register or
clerk is to issue a warrant in the nature of a commission, directed to the persons so
appointed commissioners, reciting in substance the facts set forth in the petition,
and authorising the said commissioners, or the major part of them, if more than
two, forthwith to proceed in the execution and completion of the original commission,
&c. and the said commissioners shall repair before a justice of the peace,
and severally make oath or affirmation, that they will well and faithfully perform
the duties required of them by the said warrant, and proceed in the execution and
completion, of the original commission therein mentioned, agreeably to the directions
and provisions of the act to direct descents, and of its several supplements,
without favour, partiality or prejudice, and according to the best of their judgment
and understanding, and the said justice shall duly certify the taking of such
oath or affirmation, and endorse his certificate on the said warrant, or annex it
to the same.  By section 3, the commissioners so appointed and qualified are directed
to proceed in the execution and completion of the original commission,
and to make a true and full return of their proceedings, according to the tenor
and command of the warrant, and the acts and proceedings of the commissioners,
or the major part of them, under and by virtue of the said warrant, to have the
like effect, and be of the same avail in law, as if such persons had been named
and appointed by the original commission,  By section 4, whenever a majority of
the commissioners appointed, &c. shall qualify, they may proceed, &c. in the
same manner as they may do when the whole commissioners qualify, &c.