1294 INHERITANCE. [ART. 46

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 qualified, for the several parties, in case the estate con-
sists of lands; and if the estate shall be equally divided between
all the parties interested, according to their several just propor-
tions, then the commissioners, or a majority of them, shall
allot to the several parties their respective shores of the said
land; and in case the estate shall consist of houses, the
commissioners, or a majority of them, shall make allotment
and partition between the parties.

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

1888, art. 46, sec. 41. 1860, art. 47, sec. 41. 1820, ch. 191, sec. 10.
1884, ch. 50.

41. If the estate cannot be divided into as many parts as
there are heirs, but exists in separate parcels, or can be divided
into parts less than the number of heirs, without loss or
injury, then it shall be divided into as many parts as it is sus-
ceptible of, and each parcel shall be separately valued; then,
upon the ratification by the court of such division and valua-
tion, the person first entitled to election, under the provisions
of this article, shall have the first choice of one of the parcels
at the valuation, and the next in order the second choice, and
so on in regular succession of right until all the parts are taken
or refused.
Jenkins v. Simms, 45 Md. 532. Catlin v. Catlin, 60 Md. 573.

Ibid. sec. 42. 1860, ch. 47, sec. 42. 1820, ch. 191, sec. 12.

42. The commissioners appointed as aforesaid, or S, majority
of them, after having made partition or allotment in manner
aforesaid, shall return their proceedings to the next court to
happen thereafter; and the same shall be ratified or rejected,
as justice shall dictate; and if ratified, and no appeal by either
party, the partition made as aforesaid shall be recorded and
remain and be binding; and if rejected, a new partition shall
be made and returned as aforesaid, and either party may appeal
from the judgment of the court to the court of appeals.
Massey v. Massey, 4 H. & J. 141. Cecil v. Dorsey, 1 Md. Ch. 223.

Election.

Ibid. sec. 43. 1860. art. 47, sec. 43. 1820, ch. 191, sec. 17.

43. If the estate consist of things indivisible in their
nature, then the commissioners, or a majority of them, shall