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The Maryland Code Public General Laws, 1904
Volume 393, Page 1301   View pdf image (33K)
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ART. 46 SALES BY COMMISSIONERS. 1301

1888, art. 46, sec. 63. 1860, art. 47, sec. 63. 1799, ch. 49, sec. 6.
1820, ch. 191, sec. 28.

63. In case of sale of the intestate's real estate by the com-
missioners, if the widow will consent to the sale, she shall
signify and subscribe her consent in writing, and the same
shall be filed with the clerk of the court, and thereupon the
said commissioner shall proceed to sell the whole real estate,
agreeably to the terms prescribed to them, disencumbered of
any right of dower, and the court "shall award to the widow
such proportion of the purchase money as shall be just and
equitable, not exceeding one-seventh part nor less than one-
tenth part of the net amount of the sales, according to the age,
health and condition of such widow, and such award of pay-
ment shall be a sufficient bar to all right of dower which such
widow may claim in said lands.

Stein v. Stem, 80 Md. 309.

Ibid. sec. 64. 1860, art. 47, sec 64. 1820, ch 191, sec. 23. 1886, ch. 220.

64. The court shall, in its discretion, allow each commis-
sioner for every day he shall necessarily attend in the execu-
tion of such commission a sum of money not exceeding two
dollars per day, and to the surveyor employed by them (when
necessary) a sum not exceeding six dollars per day for himself
and chain-carriers, and such other expenses as they may deem
reasonable and proper, all which allowances and expenses,
together with the fees on the issuing and return of such com-
mission, shall be paid by the representatives applying for such
commission when the lands or estates are divided, or by the
representative making his election to take the estate; and such
representative may charge the other representatives- with their
respective proportions of the whole sum so paid, and each
other representative, or his guardian, shall be obliged to repay
or allow him his part thereof, respectively, and in case the
lands or estates shall be sold by the commissioners they shall
then pay out of the money arising from the sale the whole of
the expenses attending the execution of their commission to be
allowed as above by the court; provided, nevertheless, that the
circuit court for Baltimore county may, in its discretion, allow
each of the commissioners aforesaid for every day of service
as said commissioners not exceeding the sum of ten dollars per
day.

Ibid, sec 65. 1860, art. 47, sec 65. 1820, ch. 191, sec 32.
1832, ch. 53.

65. In all cases where an election shall be made by any
person under and in virtue of this article, or by the husband


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1301   View pdf image (33K)
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