360
LAWS OF MARYLAND.
Proviso.
|
thirds, as aforesaid, the commissioners shall have
respect
to the annual rental value of said land, tenements
and hereditaments, clear of reprises, and in making
partition of the remaining two-thirds as aforesaid,
they shall have respect to the true fee simple value
thereof; the acts of a majority of the commissioners
shall be as valid as the acts of the whole of them, and
if a majority of them concur in the return to be made
as aforesaid, it shall be sufficient, but the commissioners
agreeing, shall sign the return, and shall have been
to and seen all the said lands, tenements and hereditaments;
the object of this act shall not fail by reason
of the death, refusal, neglect or inability to serve of
one or more of the commissioners; Provided, a majority
of the whole number appointed having acted together
shall agree, and if one or more of the said commissioners
named in this act residing in Kent county in this State,
shall die, resign or refuse to act, before the duties assigned
to the commissioners are fully performed, the Orphans'
court of Kent county, in this State, shall fill the vacancy
or vacancies thus occasioned; the said assignment of
dower and partition, to be made by authority of this
act, and the said act of the Legislature of the State of
Delaware, in General Assembly, shall be as valid, effectual
and conclusive upon all the parties concerned,
as if the said lands, tenements and hereditaments were
situated wholly in Kent county, in the State of Maryland,
and the said assignment and partition, had been
made in pursuance and by authority of the existing
laws of this State, and shall remain firm and stable, any
law, usage or custom to the contrary thereof notwithstanding.
|
Copy of act
to be recorded
with the
return and
plat.
|
SEC. 4. And be it enacted,
That an authenticated
copy of the said act of the Legislature of Delaware,
shall be recorded with the return and plot mentioned
in the first section of this act in the office of the clerk
of the circuit court of Kent county, in this State, and
that the said act, return and proceedings, or a copy
thereof under the hand and official seal of the said
clerk, shall be received as evidence in all the courts of
law and equity and places whatsoever in this State.
|
In force.
|
SEC. 5. And be it enacted,
That this act shall take
effect and be in force from the time of its passage.
|
|
 |
