the number sufficient to take the whole, and if there be no males,
then to the eldest females; and if any person refuses to accept the
land as aforesaid, then the same shall be offered to the persons entitled
next in seniority, pursuing the rule between males and females
as is above directed; and upon such division and acceptance,
the persons entitled under the course of descent aforesaid, who
may be left without a share of land, shall in lieu thereof have in
money the reasonable and moderate value of the land which would
have fallen to their share upon a division among all the persons
entitled, to be ascertained by the commissioner aforesaid, and returned
to the county court for their confirmation or rejection,
which money shall be paid to the persons entitled out of such part
of the personal estate left by the intestate, as would, upon a distribution
thereof, belong to the persons provided for by accepting a
share of land as aforesaid, if the same be sufficient, and if not,
the deficiency shall be paid equally by the persons having land as
aforesaid, and the same shall be a lien and incumbrance on such
land until paid, and may be recovered by an action upon the case
brought by the parties respectively entitled, wherein it shall be
only necessary to charge the person or persons holding the land
with money had and received to the use of the plaintiff or plaintiffs,
and the sum justly due shall be ascertained and recovered.
    By 1799, ch. 49, s. 2, the chancellor or county court shall allow to each commissioner,
for every day he shall necessarily attend in the execution of the commission,
a sum not exceeding two dollars per day, and to the surveyor employed
by them, (when necessary,) a sum not exceeding four 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 the commission, shall be paid by the representatives applying for
the commission, when the lands, &c. are divided, or by the representative making
his or her election to take the estate, and such representative or representatives
may charge the other representatives with their respective proportions of the
whole sum paid, and each other representative, or his or her guardian, shall be
obliged to repay or allow him his or her part thereof respectively; and in case the
lands, &c. 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 commission, to be allowed as above by the chancellor or county court.

CHAP. 45.