822 INHERITANCE—SALES BY COMMISSIONERS. [ART. 46.

purchaser, and the said purchaser shall refuse or neglect to com-
ply with the terms of sale, it shall be lawful for the commission-
ers to re-sell 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 instituted 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.

P. G. L., (1860,) art. 47, sec. 57. 1820, ch. 191, sec. 34.
571 Whenever any person shall be entitled as tenant by the
curtesy to any part of the real estate of an intestate, or as sur-
viving husband to a life estate therein, and the commissioners
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 or such sur-
viving husband, in and to the said estate, before they shall pro-
ceed 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 or surviving husband a part of their
return to their commission, and the court shall determine thereon,
and confirm or reject the same, as in other cases.

Ibid, sec 58. 1820, ch. 191, sec. 35.

58. Whenever any person shall become entitled as tenant by
the curtesy or as surviving husband as aforesaid, and the commis-
sioners 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 commissioners shall be con-
firmed by the court, and the persons entitled to elect to take the
said estate at the valuation made by the commissioners shall all
refuse, then the estate shall be sold by the said commissioners,
agreeably to the terms prescribed to them, disencumbered of any
tenancy by the curtesy, or life estate of surviving husband; and
the court shall award to the tenant by the curtesy or sur-
viving husband, such proportion of the purchase money as
the said court shall think just and equitable, in lieu of
such tenancy by the curtesy or such tenancy for life; and in