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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 834   View pdf image (33K)
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834 8 & 9 W. 3, CAP. 31, PARTITION.
611 CAP. XXXI.
An Act for the easier obtaining Partitions of Land in Coparcenary,
Joint Tenancy, and Tenancy in Common.
Whereas the Proceedings upon Writs of Partition between
Coparceners by the Common Law or Custom, Joint Tenants,
and Tenants in Common, are found by Experience to be tedious,
chargeable, and oftentimes ineffectual, by reason of the Diffi-
culty of discovering the Persons and Estates of the Tenants of
the Manors, Messuages, Lands, Tenements, and Hereditaments,
to be divided, and the defective or dilatory executing and re-
turning of the Process of Summons, Attachment, and Distress,
and other Impediments, in making and establishing of Parti-
tions, by reason of which divers Persons having undivided
Parts or Purparts are generally oppressed and prejudiced, and
the Premisses are frequently wasted and destroyed, or lie uncul-
tivated and unmanured, so that the Profits of the same are
totally or in a great measure lost: For Remedy whereof, be it
enacted by the King's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons in this present Parliament assembled, and by the Au-
thority of the same, That from and after the First Day of May,
One thousand six hundred ninety seven, after Process of Pone
or Attachment returned upon a Writ of Partition, Affidavit be-
ing made by any credible Person of due Notice given of the said
Writ of Partition to the Tenant or Tenants to the Action, and a
Copy thereof left with the Occupier, or Tenant or Tenants, or if
they cannot be found, to the Wife, Son, or Daughter (being of
the Age of One and twenty Years or upwards) of the Tenant
or Tenants, or to the Tenant in actual Possession, by virtue of
any Estate of Freehold, or for Term of Years, or uncertain
Interest, or at Will, of the Manors, Lands, Tenements, or
Hereditaments, whereof the Partition is demanded (unless the
said Tenant in actual Possession be Demandant in the Action)
at least Forty Days before the Day of Return of the said Pone
or Attachment, if the Tenant or Tenants to such Writ, or any
of them, or the true Tenant to the Messuages, Lands, Tene-
ments, and Hereditaments, as aforesaid, shall not in such Case,
612 "within Fifteen Days, after Return of such Writ of Pone

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 834   View pdf image (33K)
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