1836.

CHAP. 80

Passed Jan. 20
1837.

LAWS OF MARYLAND.
CHAPTER 80.

An act for the relief of the heirs of Samuel Polk, of
Somerset County.

Preamble

WHEREAS, it is represented to this General Assem-
bly, that a commission, issued under the act to direct
descents out of Somerset county court, for the division
or valuation of the real estate of Josiah Polk, senior,
and that the said commissioners, or a majority of them,
made return thereof at April term, eighteen hundred
and eighteen, of said court, to the effect that the said
estate would not admit of a division thereof among the
several heirs without loss and injury to all the parties
entitled; and that at May term, eighteen hundred and
twenty-three, of said court, Samuel Polk, the heir en-
titled to elect to take the said estate at the valuation of
the commissioners, did come into open court and elect
to take the same at the said valuation, and did pass his
bonds to the several heirs entitled, with security for
their respective shares, and which said bonds were duly
approved by the said court; and whereas, it is repre-
sented that ihe said election was not entered of record,
and there is room to fear that in after times difficulties
might arise in regard to the title to said real estate,
and as it is right and proper a suitable remedy should
be provided in that behalf, — Therefore,

Court authoris-
ed to direct a
record

SECTION 1. Be it enacted by the General Assembly of
Maryland, That it shall and may be lawful for Somerset
county court to inquire into the facts set forth in the
preamble to thin act, and if it shall appear to them by
testimony, written or oral, that the said Samuel Polk
did make election to take the said lands as aforesaid,
and that no record of the same hath been made, or if
made hath been lost, that then the said county court
shall, upon application of any one interested, pass an
order directing the clerk of said court to enter the said
election of record, and the Raid entry when so made
shall have the same effect, in law, as if it had been duly
entered of record at the time the said court shall ascer-

Notice required

tain that said election was actually made; provided
nevertheless, the said court shall be first satisfied that
a notice of such intended application hath been publish-
ed in some newspaper printed in Princess Ann, once