1292 INHERITANCE. [ART. 46
Baltimore, then to the superior court or circuit 'court or circuit
court No. 2 of said city; and the court shall appoint and issue
a commission of five discreet, sensible men, to be commis-
sioners, authorizing and empowering them, or a majority of
them, to proceed in the premises according to the directions
of this article, and in all respects conform to and comply with
the provisions hereof; and the said commissioners, or a
majority of them, before they proceed to act, shall severally
take an oath (to be annexed to the said commission), before
some justice of the peace for the county or city, or other
person authorized to administer .an oath, well and faithfully to
perform the duties required of them by the commission, with-
out favor, partiality or prejudice, and according to the best of
their judgment and understanding.
Celston v. Dorchester Co. Court, 4 H & McH. 283. Massey v. Massey,
4 H. & J. 141. Hardy v. Summers, 10 G. &. J. 322. Chaney v. Tipton, 11
G. &. J. 253. Hughes' Case, 1 Bl. 46 Bennett v Bennett, 5 Gill, 463.
Haines v. Haines. 6 Md 435.
1888, art. 46, sec. 33 1860, art. 47, sec. 33. 1820, ch. 191, sec. 8.
33. Whenever a majority of the commissioners to be
appointed in virtue of this article shall qualify they may
proceed in the execution of the same in the same manner as
they may do when the whole commissioners qualify as afore-
said.
Ibid sec. 34. 1860, art. 47, sec. 34 1820, ch. 191, sec 14.
34. In the execution of this article, and before any proceed-
ing is had by the commissioners, they, or a majority of them,
shall cause notice to be given to all parties concerned by adver-
tisement set up at the door of the court-house of the county or
counties or city where the lands may lie, and in such other
public places in the county or counties or city as they may
direct, at least thirty days previous to their proceeding to
execute the said commission.
Cecil v. Dorsey, 1 Md. Ch 223
Ibid. sec. 35. 1860, art. 47, sec. 35. 1820, ch. 191, sec. 15.
35. If any minor shall be interested who hath not a guar-
dian then the court from which the commission issues shall
appoint a guardian for the purpose.
Ibid. sec. 36. 1860, art. 47, sec. 36 1820, ch. 191, sec. 50.
36. In cases where a commission may issue from any court
to make partition of an intestate's estate, and any of the parties
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