412

INHERITANCE. [ART. 47.

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

Bond to be a
lieu.

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 recorded 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.

Id s 5G
1856, c 127.
How purchaser
compelled to
comply.

56. In all cages 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 pub-
lic auction, and the same shall be bid off by some purchaser, and the
said purchaser shall refuse or neglect to comply with the terms of
sale, it shall be lawful for the commissioners to resell 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 insti-
tuted 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.

Id s 57
1820, c 111, s 34
When divided,
curtesy to be
laid off

57. Whenever any person shall be entitled as tenant by the cur-
tesy to any part of the real estate of an intestate, and the commis-
sioners appointed in virtue of this article shall determine that the
estate will admit of division, then the said commissioners shall lay
off the part or portion of such tenant by the curtesy of, in and to
the said estate, before they shall proceed to divide or value the
same; and the same commissioners shall make the ascertainment
and location of such part or portion of the tenant by the curtesy a
part of their return to their commission, and the court shall deter-
mine thereon, and confirm or reject the same, as in other cases.

Id s. 58.
1820, c 191, s 35
When sold, ten-
ant by curtesy
to have share of
proceeds
22 Md 363, 35
Md 344, 38 Md
284,

58. Whenever any person shall become entitled as tenant by the
curtesy as aforesaid, and the commissioners shall determine and so
certify to the court, that the estate cannot be divided without loss
and injury to all the parties entitled, and the return of the said com-
missioners shall be confirmed by the court, and the persons entitled
to elect to take the said estate at the valuation made by the commis-
sioners shall all refuse, then the estate shall be sold by the said
commissioners agreeably to the terms prescribed to them, disen-
cumbered by any tenancy by the curtesy; and the court shall
award to the tenant by the curtesy such proportion of the pur-
chase-money as the said court shall think just and equitable, in lieu
of such tenancy by the curtesy; and in decreeing such proportion