42 HUGHES' CASE.—1 BLAND.

and it being suggested to the Chancellor, that you are discreet and
sensible men within the said county; and the Chancellor having
great confidence in your prudence and integrity, hath therefore
assigned, commissioned, and appointed; and doth hereby assign,
commission and appoint you, or a majority of you, having first
taken the oath hereto annexed, to adjudge and determine whether
the said estate will admit of being divided without loss or injury
to all the parties entitled, and to ascertain the value of the said
estate in lawful money, taking into consideration any incum-
brances thereon; and to ascertain the value of the said estate sub-
ject to the incumbrances; and if the said estate can, in your
opinion and judgment, or in the opinion and judgment of a ma-
jointy of you, be divided without loss and injury to all the parties
entitled, then to divide and make partition of the same fairly and
equally in value, among all the parties interested, according to
their several just proportions; or if the said estate cannot be
divided equally and fairly among all the parties interested accord-
ing to their several just proportions, then you, or a majority of
you, shall divide the estate into as many parts as it is susceptible
of, without loss and injury to all the parties entitled, and ascer-
tain the value of each part of such estate in lawful money, subject
to any incumbrance thereon; and if, in your opinion and judgment,
or in the opinion and judgment of a majority of you, the said
estate cannot be divided without loss or injury to all the parties,
then you, or a majority of you, shall make return to our Court of
Chancery of your judgment, and the reasons upon which the same
was formed, and the real value of the said estate in lawful money,
subject to the incumbrance if any thereon; and if you, or a major-
ity of you, shall determine that the said estate can be divided in
either of the ways hereinbefore mentioned, without loss and injury
to all parties, then you shall cause the lands to be surveyed aud
laid out by the county surveyor, or such other person as you may
think qualified, for the several parties in case the estate consists of
lands; and if the said estate shall be equally divided among
49 * all the parties interested according to their several just
proportions, then you, or a majority of you, shall allot to
the several parties their respective shares of the said land: and in
case the said estate shall consist of houses, you, or a majority of
you, shall make allotment and partition among the parties. And
you, or a majority of you, are hereby empowered and directed to
ascertain and lay off the widow's dower in and to the lands and
tenements of the estate, before you shall proceed to divide or
value the same; and you, or a majority of you, shall make the
ascertainment and location of such dower a part of your return to
this commission. And you, or a majority of you, shall cause notice
to be given to all parties concerned, by advertisement, set up at
the Court-house, and in such other public places in the said coun-