1302 INHERITANCE. [ART. 46

in right of his wife, and the valuation of the land of the said
intestate hath been paid to the heir or heirs of the deceased
by the person so electing, the commissioners, or a majority of
them, or the survivors or survivor of them, shall make and
execute to the person so electing, at his expense, a good and
valid deed of bargain and sale in fee simple, under the direc-
tion of the court to which the return or returns shall have been
made.

1688, art 46, sec. 66. 1860, art, 47, sec. 66. 1620, ch. 191, sec. 24.
1833, ch. 93.

66. In all cases of sole made by the commissioners, or a
majority of them, after the same shall be ratified by the court,
and the terms of sale shall have been complied with by the pur-
chaser or purchasers paying the purchase money, agreeably to
the terms of sale, it shall then be the "duty of the commission-
ers, or a majority of them, or the survivors or survivor of
them, to convey to the purchaser or purchasers, by deed duly
executed and acknowledged according to law, all the right, titie,
claim, interest and estate of the deceased intestate to the lands
and premises sold by them in virtue of their commission; and
every such deed shall be recorded in the time limited by law.

Ibid. sec. 67. 1860, art. 47, sec. 67. 1820, ch. 191, sec. 25.

67. Whenever any estate shall be sold, and the purchaser
shall die or shall assign his equitable interest therein before
any deed shall be executed for the estate sold, then and in
that case the court, on the application of the heir, devisee or
assignee of such purchaser, and being satisfied that the pur-
chase money has been fully paid, agreeably to the terms of
sale, shall order and direct the commissioners who shall have
made such sale, or a majority of them, or the survivors or sur-
vivor of them, to execute and deliver to such heir, devisee or
assignee, a deed for the said estate, in the same manner as is
hereinbefore provided for respecting deeds to be executed to
purchasers.

Ibid. sec. 68. 1860, art. 47, sec 68 1820, ch. 191, secs 40, 41, 42 1822,
ch. 48. 1827, ch. 208, sec. 1.

68. In case of the death, inability, refusal to act, or removal
out of the State, of all or any of the commissioners, without
having performed the duties prescribed by such commission, it
shall be the duty of the court issuing the commission, on the
application of any person interested, to appoint as many com-
missioners as will fill such vacancies; and such new commis-