ART. 47 ] INHERITANCE.
ment of the commissioners, or a majority of them, be divided with-

409

out loss and injury to all parties entitled, then they shall divide and
make partition of the same, fairly and equally in value, between
all the parties interested, according to their several just proportions.

When to make
partition
equally

39. If the estate cannot be divided equally and fairly between
all the parties interested, according to their several just proportions,
then the commissioners, or a majority of them, shall have power to
divide the estate into as many parts as it is susceptible of, without
loss and injury to all the parties entitled, and to ascertain the value
of each part of such estate in current money, subject to any incum-
brance thereon.

Id s 39
1820, c 191, s 9
Win n to make
partition mid
ascertain value
of each part

40, If the commissioners, or a majority of them, shall determine
that the land or estate can be divided in either of the ways herein-
before mentioned, without loss or injury to all the parties, they shall
cause the lands to be surveyed and laid out by the county surveyor,
or such other person as they may think qualified, for the several
parties, in case the estate consists of lands; and if the estate shall
be equally divided between all the parties interested according to
their several just proportions, then the commissioners, or a majority
of them, shall allot to the several parties their respective shares of
the said land; and, in case the estate shall consist of houses, the
commissioners, or a majority of them, shall make allotment and
partition between the parties.

Id s 40
1820, c 191, s 10.
Allotment.

41. If the estate cannot be divided into as many parts as there
are persons interested, but shall be divided into as many parts as it
is susceptible of, and the judgment of the commissioners shall be
confirmed by the court, the right of election to take the several
parts into which the estate may have been divided, shall be accord-
ing to the rules herein mentioned.

Id a 41
1820, c 191, s 10.
Right of elec-
tion
45 Md 632.

42. The commissioners appointed as aforesaid, or a majority of
them, after having made partition or allotment in manner aforesaid,
shall return their proceedings to the next court to happen there-
after, and the same shall be ratified or rejected as justice shall dic-
tate, and if ratified, and no appeal by either party, the partition
made as aforesaid shall be recorded, and remain and be binding;
and if rejected, a new partition shall be made and returned as afore-
said, and either party may appeal from the judgment of the court
to the Court of Appeals.

Id a 42
1820, 191, s. 12.
To return parti. -,
tion and, allot-
ment

43. If the estate consist of things indivisible in their nature,
then the commissioners, or a majority of them, shall proceed to
appraise and value the said estate, and make return thereof to the
court, as hereinbefore directed; and if the judgment of the commis-
sioners shall be confirmed by the court, then the person or persons
entitled under this article to elect to take other estates at the valu-
ation of the commissioners, shall have the same election as it re-
spects the estate provided for in this section.

Id. s. 43.
1820 191, s 17
When estate in-
divisible, to be
valued and
return made

44. If the said commissioners, or a majority of them, shall de-
termine that the estate cannot be divided without loss and injury to

Id s 44
1820, c 191, s 9
When not di-