816 INHERITANCE—DIVISION AND ELECTION, [ART. 46.

notice, according to law, has been given, or to that effect, shall
be prima fade evidence that notice was given according to law.

P. G. L., (1860,) art. 47, sec. 88. 1820, ch. 191, sec. 8.

38. The said commissioners, or a majority of them, shall
adjudge and determine whether the estate will admit of being
divided without injury and loss to all the parties entitled, and
ascertain the vaiue of such estate in current money, taking into
consideration any encumbrance thereon, and ascertain the value
of the estate subject to the encumbrance; and if the estate can,
in the opinion and judgment of the commissioners, or a majority
of them, be divided without 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.

Kilgour v. Ashcom, 5 H. & J. 82. Wilhelm v. Wilhelm, 4 Md. Ch. 330.
Catlin v. Catlin, 60 Md. 573.

Ibid sec. 39. 1820, ch 191, sec. 9.

39. If the estate cannot be divided equally and fairly between
all the parties interested, according to their several just propor-
tions, 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 vaiue of each part of such estate in current money,
subject to any encumbrance thereon.
Ibid.

Ibid sec. 40. 1820, ch. 191, sec. 10.

40. If the commissioners, or a majority of them, shall deter-
mine that the land or estate can be divided, in either of the ways
hereinbefore 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 quali-
fied, 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