ART. 46] SALES BY COMMISSIONEES. 1201

This section referred to in discussing the rules laid down by various stat-
utes for the valuation of life estates and estates in remainder. Distinction
drawn in this regard between dower and other life estates. Williams' Case,
3 Bl. 265.

Cited but not construed in Catlin v. Catlin, 60 Md. 578; Stallings v. Stall-
ings, 22 Md. 47

See art. 16, sec. 44.

1904, art. 46, sec. 64. 1888, art. 46. sec. 04. 1860. art. 47, sec. 64.
1820, ch. 191, sec. 23. 1886, ch. 220.

64. The court shall, in its discretion, allow each commissioner for
every day he shall necessarily attend in the execution of such commis-
sion a sum of money not exceeding two dollars per day, and to the sur-
veyor employed by them (when necessary) a sum not exceeding six
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 such
commission, shall be paid by the representatives applying for such
commission when the lands or estates are divided, or by the representa-
tive making his election to take the estate; and such representative
may charge the other representatives with their respective proportions
of the whole sum so paid, and each other representative, or his guardian,
shall be obliged to repay or allow him his part thereof, respectively, and
in case the lands or estates 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 court; provided, nevertheless, that the circuit
court for Baltimore county may, in its discretion, allow each of the
commissioners aforesaid for every day of service as said commissioners
not exceeding the sum of ten dollars per day.

Ibid. sec. 65. 1888, art. 46, sec. 65. 1860, art. 47, sec. 65.
1820, ch. 191, sec. 32. 1832, ch. 53.

65. In all cases where an election shall be made by any person
under and in virtue of this article, or by the husband in right of his
wife, and the valuation of the land of the said intestate hath been
paid to the heir or heirs of the deceased by the person so electing, the
commissioners, or a majority of them, or the survivors or survivor of
them, shall make and execute to the person so electing, at his expense,
a good and valid deed of bargain and sale in fee simple, under the
direction of the court to which the return or returns shall have been
made.

The election to take the whole estate and a settlement therefor vests the
legal title in the party electing without a deed from the commissioners, and
this is true although the election is made by the husband in the right of his
wife. The settlement, however, or the giving of bond under section 51, is a
condition precedent to the passing of title. Stevens v. Richardson, 6 H. & J.
156. And see Jarrett v. Cooley, 6 H. & J. 260; Ridgely v. Iglehart, 3 Bl.
546; Jones v. Jones, 1 Bl. 460.

For a form of commissioner's deed, see art. 21, sec. 60.
76