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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 836   View pdf image (33K)
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836 8 & 9 W. 3, CAP. 31, PARTITION.
of all Parties concerned (if they will appear) notwithstanding
the Return and Filing upon Record the former, which said
Second Partition returned and filed shall be good and firm for
ever against all Persons whatsoever, except as before excepted.
III. And be it further enacted, by the Authority aforesaid,
That no Plea in Abatement shall be admitted or received in
any Suit for Partition, nor shall the same be abated by reason
of the Death of any Tenant.
IV. And be it further enacted by the Authority aforesaid,
That when the High. Sheriff, by reason of Distance, Infirmity,
or any other Hindrance, cannot conveniently be present at the
Execution of any Judgment in Partition, in such Case the
Under Sheriff, in presence of Two Justices of the Peace of the
County where the Lands, Tenements, or Hereditaments to be
divided do lie, shall and may proceed to Execution of any
Writ or Partition, by Inquisition in due Form of Law, as if
the High Sheriff were then personally present; and the High
Sheriff thereupon shall, and is hereby enabled and required to
make the same Return, as if he were personally present at
such Execution: And in case such Partition be made, returned,
and filed, he or they that were Tenant or Tenants of any of
the said Messuages, Lands, Tenements, and Hereditaments, or
any Part or Purport thereof, before they were divided, shall be
Tenant or Tenants for such part set our severally to the
respective Landlords or Owners thereof, by and under the
game Conditions, Rents, Covenants, and Reservations, where
they are or shall be so divided, and the Landlords and Owners
of the several Parts and Pin-parts so divided and allotted, as
aforesaid, shall warrant and make good, unto their respective
Tenants, the said several Parts severally, after such Partition,
as they are or were bound to do, by any Copy, Leases, or
Grants of their respective Parts, before any Partition made;
and in case any Demandant be Tenant in actual Possession to
the Tenant to the Action for his Part and Proportion, or any
Part thereof, in the Messuages, Lands, Tenements and Here-
ditaments, to be divided by virtue of a Writ of Partition, as
aforesaid, for any term of Life, Lives, or Years, or uncertain
Interest, the said Tenant shall stand and be possessed of the
said Purparts and Proportions for the like Term, and under
the same Conditions and Covenants, when it is set out severally
614* in pursuance of this or any other Act, Statute, or Law to
that purpose.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 836   View pdf image (33K)
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