ART. 46] SALES BY COMMISSIONERS. 1299

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.

1888, art. 46, sec. 57. 1860, art. 47, sec. 57. 1820, ch. 191, sec. 34.
1898, ch. 457.

57. Whenever any person shall be entitled as surviving
husband to a life estate in any part of the real estate of an intes-
tate, 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
surviving husband in and to the said estate, before they shall
proceed to divide or value the same; and the same commis-
sioners shall make the ascertainment and location of such part
or portion of such 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. 1860, art. 47, sec. 58. 1820, ch. 191, sec. 35. 1898, ch 457.

58. Whenever any person shall become entitled as surviving
husband as aforesaid, and the commissioners shall determine
and so certify to the court that the estate cannot be divided
sssssssssssssssssssssssssssssssssssssswithout loss and injury to all the parties entitled, and the
return of the said commissioners shall be confirmed 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 life estate of surviving husband; and the court shall award
to the surviving husband such proportion of the purchase
money as the said court shall think just and equitable, in lieu
of such tenancy for life; and in decreeing such proportion of
the said purchase money to the said tenant, the court shall be
directed by the age, health and condition of such tenant; and
such award of payment shall be sufficient to bar such tenant
from all and every right or title as such surviving,husband.*

Ibid. sec. 59. 1860, art. 47, sec. 59. 1820, ch. 191, sec. 36 1898, ch. 457.
69. Whenever any person may be entitled as surviving hus-
band to an undivided part of the real estate of au intestate,
and the commissioners shall determine and so certify to the
court in their return that the said estate cannot be divided

* See ante art. 46.