ART. 46.] INHERITANCE—ELECTION. 819

not residing therein at the time when such election ought to be
made, and shall not appear in court and elect, or refuse to elect to
take the said estate, or any part thereof, as the case may be, the
court shall pass an order, to be published in some convenient news-
paper, at least four weeks successively, giving notice of the return
and confirmation of the commission, and appointing some day in
the term next succeeding that in which the said order shall be
passed, for such absent person to appear in court and make his
election, as aforesaid, and on proof being made to the satisfaction
of the court of the due publication as aforesaid, and on the non-
appearance of the person so absent, it shall be lawful for the per-
son next entitled, to come in and make election in the same
manner as if the person so absent had appeared and refused to
take the estate.

P. G L., (1860,) art. 47, sec. 48. 1820, ch. 191, sec. 31.

48. If any person entitled to make election as aforesaid, shall
be non compos mentis, or otherwise disqualified to declare his in-
tention, in such case the person next entitled shall be authorized
to make his election, in the same manner as if the person disqual-
ified had refused to make election.

Ibid. sec. 49. 1820, ch 191, secs. 83-38.

49. In case the eldest male shall not be of age to make his
election, it shall be lawful for the eldest female, if of the age of
twenty-one years, to elect to take the lands at the valuation of the
commissioners, notwithstanding the existence of any male minor;
and any husband may elect to take in right of his wife.

Stevens v. Richardson, 6 H. & J. 156.

Ibid. sec. 50. 1827, ch. 208, sec. 2.

50. Every person entitled to elect or refuse to take the whole
or any part of any estate at the value ascertained and returned by
the commissioners, may make such election or refusal in writing,
to be signed by such person in the presence of one or more wit-
nesses, who shall attest the same in writing; and such written
election or refusal, when filed with the clerk among the proceed-
ings in the case, shall have the same effect and validity as if such
person had made his election or refusal in open court.