|
LAWS OF MARYLAND.
CHAPTER 168.
An act for the benefit of William Cord of Cecil county,
and others. |
147
Dec. Ses. 1825.
Passed March
4, 1826. |
Sec. 1. Be it enacted by the General Assembly
of Maryland,
That it shall and may be lawful for Cecil county court upon the
application of William Cord or any of the surviving brothers
and sisters of John Cord, late of Cecil county deceased, or
their assigns, to issue a commission to five discreet sensible and
disinterested citizens of Cecil county, to value and divide the real
estate, whereof the said John Cord died seized in fee tail, who or
a majority of whom shall have full power and authority to value
and divide the same among all the parties entitled, or into two
or more divisions as they may think best; Provided, it can in
their judgment be done without loss or injury to all the parties
entitled thereto. |
Commissioners
to divide
estate. |
2. And be it enacted, That if said
commissioners or a majority
of them shall be of opinion that the said land will not admit
of division among all the parties entitled, they shall make a
return of the value thereof; and the several parties entitled
thereto, shall have the right to elect, to take the same in the
same order and same manner as is now provided by law, in relation
to intestates real estate, and in case all should refuse to
take the same at the valuation so as aforesaid, to be made, that
it shall and may be lawful for said court to order and direct
said commissioners, or a majority of them to make sale thereof,
on such terms and conditions as said court shall deem best, and
the proceeds arising from said sale, after deducting all expences
attending said commission and proceedings, be divided among
the several parties entitled thereto, according to their several
and respective interest in said estate, under the direction of
said court. |
Cases of difficulties
—proceedings
directed. |
3. And be it enacted, That in case
any one or more of said
parties should elect, to take said estate, or any part thereof
which may be divided at the valuation ascertained by said commissioners,
they shall give bond with security to be approved
of by said court, to the others entitled, for their respective
shares, after deducting from the whole amount the expences
attending said commission and proceedings, to be ascertained by
the judges as aforesaid, which said bonds as well as any
which may be taken by said commissioners in case of a sale
of the whole or any part thereof, shall be a lien on said land. |
Bonds required. |
4. And be it enacted, That said commissioners
or a majority
of them before they proceed to act, shall severally take an oath
or affirmation to be annexed to the said commission, before
some justice of the peace of said county or other person authorized
to administer an oath, well and faithfully to perform
the duties required of them by the commission, and that they
will proceed in the execution and completion of said commission,
without favor partiality or prejudice according to the best
of their judgment and understanding. |
Oath. |
|
 |
