ART. 46] DIVISION AND ELECTION. 1293

interested reside out of- this State, the commissioner, or a
majority of them, before they proceed in execution of said
commission, shall cause notice thereof to be given 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, and also by
publication in such newspaper or papers as they may direct, at
least two months previous to their proceeding to execute such
commission.

1888, art. 46, sec 37 1860, art. 47, sec. 37. 1820, ch. 191, sec 51.

37. In all cases where, by this article, any notice or publi-
cation is required, a statement made in the proceedings that
due notice, according to law, has been given, or to that effect,
shall be prima facie evidence that notice was given according
to law.

Ibid, sec 38 1860, art. 47, sec 38. 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 value 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 par-
ties 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. 1860, art 47 sec. 39. 1828, ch. 191, sec. 9.

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

Ibid

Ibid. sec. 40. 1860, art. 47, sec. 40. 1820, ch. 191, sec. 10.

40. If the commissioners, or a majority of them, shall
determine that the land or estate can ba divided, in either of