INHERITANCE. 1713

court-house of the county or counties or city where the lands may lie, and
in such other public places in the county or counties or city as they may
direct, at least thirty days previous to their proceeding to execute the
said commission.

While the interests of the heirs are protected from the consequences of a sub-
stantial departure from the procedure pointed out in this and the following sec-
tions, sec. 45 expressly provides against the proceedings being set aside for unsub-
stantial and formal irregularities. Return of commissioners held to show that the
required notice was given. Commissioner held qualified. Duty of commissioners.
Return upheld. Oath. Object and purpose of this section and secs. 12, 17 and 45.
Basford v. Cranford, 125 Md. 19.

The commissioner's return should affirmatively show what notice was given and
how it was given. Stallings v. Stallings, 22 Md. 46. Cf. Cecil v. Dorsey, 1 Md. Ch.
. 223. And see sec. 12.

Matters relative to this section necessary to be stated in the bill or petition filed
under sec. 8. Hughes' Case, 1 Bl. 47.

See secs. 11, 12 and 22.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 35. 1820, ch. 191, sec. 15.
10A.1 If any minor shall be interested who hath not a guardian then
the court from which the commission issues shall appoint a guardian for
the purpose.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 36. 1820, ch. 191, sec. 50.

11. In cases where a commission may issue from any court to make
partition of an intestate's estate, and any of the parties interested reside
out of this State, the commissioner, or a majority of them, before they
proceed in execution of said commission, shall cause notice thereof to be
given by advertisement set up at the door of the court-house of the county
or counties or city where the lands may lie, and in such other public places
in the county or counties or city, and also by publication in such newspaper
or papers as they may direct, at least two months previous to their pro-
ceeding to execute such commission.

Matters relative to this section necessary to be stated in the bill or petition filed
under sec. 8. Hughes' Case, 1 Bl. 47.
See sec. 22.

An. Code, sec. 37. 1904, sec. 37. 1888, sec. 37. 1820, ch. 191, sec. 51.

12. In all cases where, by this article, any notice or publication is
required, a statement made in the proceedings that due notice, according
to law, has been given, or to that effect, shall be prima facie evidence that
notice was given according to law.

A return that shows that " reasonable " notice was given is not in conformity with
this section, or sec. 10. Cecil v. Dorsey, 1 Md. Ch. 228.
See notes to sec. 10.

An. Code, sec. 38. 1904, sec. 38. 1888, sec. 38. 1820, ch. 191, sec. 8.

13. The said commissioners, or a majority of them, shall adjudge and
determine whether the estate will admit of being divided without injury
and loss to all the parties entitled, and ascertain the value of such estate
in current money, taking into consideration any encumbrance thereon,

1 Through inadvertence the numbering of this section was overlooked; hence the
number 10A.