CHAP. 45.

value; and if lands or other estate lie in different counties, then all
application may be made to the chancellor (h,) who shall appoint
commissioners to make the whole examination and division, or
commissioners for each county where the lands or other estate lie,
as to him may seem most convenient; and the commissioners by
him appointed shall proceed in the same manner as directed for
commissioners appointed by the county courts, and shall make returns
to the chancellor for his confirmation or rejection, and similar
proceedings shall be had in the chancery court upon a commission
issued from that court, as are before directed upon commission
issued from the county court; and in case of commission issued
from the chancery court, either party may appeal to the court of appeals,
but there shall be no appeal from the decision of the chancellor
in cases where the commission issues from the county court;
and in the execution of this act, reasonable notice (i) shall always
be given by the commissioners to all parties concerned before any
proceeding is had; and if any minor shall be interested who hath
not a guardian, then the court from which the commission issues
shall appoint a guardian for the purpose; and no proceedings of
the commissioners shall be set aside for manner of form; and if the
estate consists of things indivisible in their nature, then the rule
of the common law as to the enjoyment thereof shall take place between
the parties entitled.
    (h)  By 1814, ch. 109, s.1, where any lands, &c. of any person dying intestate,
shall lie in different counties, it shall not be necessary for the parties interested
therein to apply to the chancellor for a commission thereon to sell or divide the
same; but when it shall so happen that such lands, &c. lie in different counties,
included in any one judicial district, then application may be made to the county
court of such judicial district where the greatest part of the lands, &c. may lie.
By section 2, where any lands, &c. shall lie in different counties of different judicial
districts, and the said lands (although in different counties,) shall lie adjoining,
then application may be made to the court of the county where the greatest
portion of said lands, &c. may lie, for the sale or division thereof.  By section
3, where lands, &c. shall lie in different judicial districts, and not adjoining, but
lie in different or detached parcels, then application may be made in the several
districts to the respective county courts where the greatest portion of such lands,
&c. may lie, for the sale or division thereof.  By section 4, the same proceedings
shall be had on all such applications respectively as if the lands, &c. laid in one
county, &c.
    (i)  By 1814, ch. 109, s. 7, the commissioners, before they proceed in the execution
of the 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 the commission.