408

INHERITANCE. [ART. 47.

Court or Circuit Court for said city, and the court shall appoint and
issue a commission to five discreet, sensible men to be commis-
sioners, authorizing and empowering them, or a majority of them, to
proceed in the premises according to the directions of this article,
and in all respects conform to and comply with the provisions hereof,

Oath of com-
missioners.

and the said commissioners, or a majority of them, before they pro-
ceed to act, shall severally take an oath (to be annexed to the said
commission), before some justice of the peace of the county or city,
or other person authorized to administer an oath, well and faithfully
to perform the duties required of them by the commission, and all
duties assigned to them under this article, and that they will pro-
ceed in the execution and completion of the said commission with-
out favor, partiality, or prejudice, and according to the best of their
judgment and understanding

Id a 33
1820, c 191, s 8
A majority to
act.

33. Whenever a majority of the commissioners to be appointed
in virtue of this article shall qualify, they may proceed in the exe-
cution of the same, in the same manner as they may do when the
whole commissioners qualify as aforesaid.

Id s 34
1820, c 191, s 14
Notice

34. In the execution of this article, and before any proceeding
is had by the commissioners, they, or a majority of them, shall cause
notice to be given to all parties concerned, by advertisement set up
at the door of the court-house of the county, or counties, or city,
where the lands may be, 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

Id s 35.
1820, c 191, s 15
Appointment of
guardian

35. If any minor shall be interested who hath not a guardian,
then the court from winch the commission issues shall appoint a
guardian for the purpose.

Id s 36
1820, c 191, s 50.
Notice where
any of the par-
ties reside out
of the State

36. In cases where a commission may issue from any court to
make partition of an intestate's estate, and any of the parties inter-
ested reside out of this Stale, the commissioners, 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 published in such newspaper or papers as they may
direct, at least two months previous to their proceeding to execute
such commission.

Id s 37
1820, c 191, s 51
What evidence
of notice

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

Id s 38.
1820, c 191, s 8
To value estate

38, The said commissioners, or a majority of them, shall adjudge
and determine whether the estate will admit of being divided with-
out injury and loss to all the parties entitled, and ascertain the value
of such estate in current money, taking into consideration any in-
cumbrance thereon, and ascertain the value of the estate subject to
the incumbrance; and if the estate can, in the opinion and judg-