920

LAWS OF MARYLAND.

for State taxes erroneously paid by her to the State of Mary-

land for the years of 1894, 1895, 1896, 1897, 1898 and 1899,

the same having received the recommendation of the officers of

the Treasury Department of this State.

SEC. 2. And be it enacted, That this Act shall take effect

from the date of its passage.

Approved April 8, 1904.

CHAPTER 535.

AN ACT to repeal and re-enact with amendments Section 116

of Article 16 of the Code of Public General Laws of Mary-

land, title "Chancery," sub-title "Partition," as amended

by Acts of 1900, Chapter 205.

SECTION I. Be it enacted by the General Assembly of Mary-

Re-enacting a

land, That Section 116 of Article 16 of the Code of Public

section.

General Laws of Maryand, title "Chancery," sub-title "Par-

tition," as amended by Acts of 1900, Chapter 205, be and the

same is hereby repealed and re-enacted so as to read as fol-

lows:

116. The court may decree a partition of any lands, tene-

Court may de-

ments or hereditaments, or any right, interest or estate therein,

cree a parti-
tion of

either legal or equitable, on the bill or petition of any joint

land. etc.

tenant, tenant in common, or any parcener or any concurrent

owner, whether claiming by descent or purchase, or if it ap-

pear that said lands, tenements or hereditaments, or right, in-

terest or estate thereon, cannot be divided without loss or in-

jury to the parties interested, the court may decree a sale

thereof, and a division of the money arising from such sale

among the parties, according to their respective rights ; this

section to apply to cases where all the parties are of full age

and to cases where all the parties are infants, and to cases where

some of the parties are of full age and some infants, and to cases

where some or all of the parties are non compos mentis, and

also to apply to cases where any or all of the parties are non-

residents ; and any party, whether of full age, infants or non

compos mentis, may file a bill under this section, an infant,

by his guardian or procheinami, and a non compos mentis by

his committee, and if any contract hath been made for the

sale of any lands, tenements or hereditaments held as aforesaid,

or any interest therein for or on behalf of any infant, idiot or

person non compos mentis which the court, upon hearing afore-

said and examination into all the circumstances, shall think for