1722 ARTICLE 46.

An. Code, sec. 63. 1904, sec. 63. 1888, sec. 63. 1799, ch. 49, sec. 6. 1820, ch. 191, sec. 28.

38. In case of sale of the intestate's real estate by the commissioners,
if the widow will consent to the sale, she shall signify and subscribe her
consent in writing, and the same shall be filed with the clerk of the court,
and thereupon the said commissioner shall proceed to sell the whole real
estate, agreeably to the terms prescribed to them, disencumbered of any
right of dower, and the court shall award to the widow such proportion of
the purchase money as shall be just and equitable, not exceeding one-
seventh part nor less than one-tenth part of the net amount of the sales,
according to the age, health and condition of such widow, and such award
of payment shall be a sufficient bar to all right of dower which such widow
may claim in said lands.

Widow has option to consent to sale or not; she cannot be coerced. If, however,
she agrees to sale, she can claim no more, and must be given nothing else, than
this section allows her. Stein v. Stein, 80 Md. 310 (explaining Maccubbin v. Crom-
well, 2 H. & G. 443). And see Phelps v. Stewart, 17 Md. 240.

This section referred to in discussing rules laid down by various statutes for valu-
ation 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. Stallings,
22 Md. 47.

See art. 16, sec. 45.

An. Code, sec. 64. 1904, sec. 64. 1888, sec. 64. 1820, ch. 191, sec. 23. 1886, ch. 220.

39. The court shall, in its discretion, allow each commissioner for
every day he shall necessarily attend in the execution of such commission a
sum of money not exceeding two dollars per day, and to the surveyor em-
ployed 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 representative making his election to take the estate;
and such representative may charge the other representatives with their re-
spective proportions of the whole sum so paid, and each other representa-
tive, 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 commis-
sioners 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 commis-
sioners aforesaid for every day of service as said commissioners not exceed-
ing the sum of ten dollars per day.

An. Code, sec. 65. 1904, sec. 65. 1888, sec. 65. 1820, ch. 191, sec. 32. 1832, ch. 53.

40. 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