2008 ARTICLE 46

with interest thereon from the day of sale, and in such instalments as the
court shall direct; which bonds shall remain and be a lien on the lands
for the purchase of which they were given, until the said bonds shall be
paid.

See notes to secs. 27 and 31.

An. Code, 1924, sec. 30. 1912, sec. 55. 1904, sec. 55. 1888, sec. 55. 1820, ch. 191, sec. 22.

31. It shall not be necessary, if the court shall deem it to be the in-
terest of all persons concerned, for the purchaser of any part of the real
estate of any person dying intestate, which may be sold by commissioners,
or where any one or more of the representatives of such intestate shall elect
to take the same, or any part thereof, at the valuation made by commis-
sioners, to give bond to each of the representatives of such intestate; but
such purchaser or person who may elect to take such real estate, or any
part thereof, may give bond to the State of Maryland, in such penalty and
with such sureties as the court shall direct and approve, conditioned for
the payment of the amount of the valuation or purchase money (as the case
may be), to the legal representatives of such intestate, in such proportions
as each may be entitled to, agreeably to the order of the court; which bond
shall be and remain a lien on the said real estate until the money intended
to be secured thereby shall be wholly paid, and the said bond shall be re-
corded among the records of the court from which the commission may
have issued; and upon such bond, or any office copy thereof, suit or suits
may be instituted against the obligors therein, or any of them, for any
breach of the condition thereof by any person interested therein.

This section repudiates everything like an equitable lien, and liability on bond
provided for therein can only be enforced at common law. Waiver and. extinction
of lien. Ridgely v. Iglehart, 3 Bl. 546. Cf. B. & O. R. R. Co. v. Trimble, 51 Md. 107.

There may be a proceeding in equity to enforce the lien given by this section,
regardless of bond and its liability at law. Fact that land has been sold, immaterial.
Proper parties. Ridgely v. Iglehart, 6 G. & J. 51. Cf. Stem v. Cox, 16 Md. 534.

Until court has passed an order as to proportions to which representatives of intestate
are entitled, no recovery can be had on bond. The words "agreeably to the order
of the court," construed. Thompson v. State, 4 Gill, 165. And see Ridgely v. Iglehart,
6 G. & J. 51.

This section implies a preceding order of court before it can be complied with, or
a non-compliance can amount to a default. Jenkins v. Simms, 45 Md. 538.

Cited but not construed in Iglehart v. Armiger, 1 Bl. 519.

See notes to secs. 27 and 41.

An. Code, 1924, sec. 31. 1912, sec. 56. 1904, sec. 56. 1888, sec. 56. 1856, ch. 127.

32. In all cases in which commissioners appointed under this article
shall be ordered by the court to make sale of real estate and in accordance
with said order shall offer the said real estate at public auction and the
same shall be bid off by some purchaser, and the said purchaser shall re-
fuse or neglect to comply with the terms of sale, it shall be lawful f or the
commissioners to re-sell the real estate upon the notice contained in the
order aforesaid; and if it sell for less than at the first sale, to compel, by
suit or action to be instituted in their name as commissioners, the purchaser
at the first sale to pay over the difference or loss that may be sustained
between the first and second sales; provided, a memorandum be made and
signed by the auctioneer at the time of sale, in writing, containing the
names of the parties, the amount and terms of sale.