ART. 47. ] INHERITANCE.

411

commissioners, may make such election or refusal in writing, to be
signed by such person in the presence of one or more witnesses,
who shall attest the same in writing; and such written election or
refusal, when filed with the clerk among. the proceedings in the
case, shall have the same effect and validity as if such person had
made his election or refusal in open court.

refusal to elect,
may be made.
32 Md 57,
45 Md 532.

51. The person making an election to take the estate, or any
part thereof, at the valuation of the commissioners, at the time of
making the election, shall give bond or bonds with two or more
sufficient sureties, to be approved by the court in which the pro-
ceedings may be had, to the other person or persons entitled to said
estate, for their several proportions of the sum of money at which
said estate is valued, which bonds shall bear interest from the date
of the said election, and shall be made payable in such instalments

Id s 51
1820, c 191, ss.
19-21
Person electing
to give bond.

as the court shall direct; and such bonds shall be and remain a
lien on the lands for the purchase of which they were given until
the said bonds shall be wholly paid.

SALES BY COMMISSIONERS.

Bond to be a
lien.

52. If all the persons entitled to elect to take the estate or any
part thereof, at the valuation, shall refuse, then the estate or such
part thereof as the heirs may not elect to take, shall be sold by the
said commissioners, or a majority of them, for money or upon credit,
and in the manner and agreeably to the terms and conditions which
the court from which the commission issued shall pi escribe and
direct; and no sale so to be made shall be valid until ratified by the
said court, and the purchase-money shall be justly divided among
the several persons interested, according to their respective titles to
the estate.

Id s 62
1820, c 191, ss
9-11
When not taken
by election to
be sold
18 Md 260,
23 Md 86.

Sale to be
ratified.

33. But if all the parties entitled shall be minors at the death of
the intestate, the estate shall not be sold until the eldest arrives at
age, and the profits of the estate shall be equally divided in the
mean time.

Id s 53
1820 c 111, s 9.
Where parties
all minors

54. When the estate of an intestate shall be sold on a credit,
bonds shall be taken for the purchase-money from the purchaser or
purchasers, by the commissioners, with security, and made payable
to each representative respectively, according to his proportional
part of the net amount of sales, 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.

Id s 54
1820, c 191, s 18.
Bunds to be
taken when sold
on credit
3 B1 540

55. It shall not be necessary, if the court shall deem it to be the
interest 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 commissioners, to give bond to each of the
representatives of such intestate; but such purchaser or person who

Id s £5
1820, 191, s 22.
Bond may be
given to the
State.
43. Md 132,
6 G & J 49.