1834.

LAWS OF MARYLAND.

CHAP. 7.

make other provision, shall be ascertained, taxed, and al-
lowed by the Orphans' Court of Kent county, State of Dela-
ware; and the said court is hereby authorised and required
to make such allowances for all services fairly rendered,
and all expenses fairly incurred in and about the said bu-
siness, as the said court shall deem just, keeping in view
the present rate of allowances for like or similar ser-
vices under the intestate laws of said State of Delaware;
all the costs and expenses of procuring, effecting and
completing the said assignment of dower and partition,
according to the true intent and meaning of this act, and
such concurrent act as the Legislature of Delaware may
pass, shall be paid by the said parties concerned, in the fol-
lowing proportions: that is to say, the said Susan W. Cummins,

How assesed

widow of the said deceased, shall pay one equal third part
of the costs and expenses, and the said twelve children of
the said deceased, shall pay one equal twelfth part of the
other two third parts thereof.

Rule of valuation

Sec. 3. And be it enacted, That in laying and assigning
to the said Susan W. Cummins, her dower or thuds as
aforesaid, the commissioners shall have respect to the true
annual rental value of said lands, tenements and heredita-
ments, clear of reprizes; and in making partition of the re-
maining two thirds as aforesaid, they shall have respect to
the true fee simple value thereof; the acts of a majority of

Majority may act

the commissioners shall be as valid as the acts of the whole
of them; and if a majority of them concur in the returns to-
be made as aforesaid, it shall be sufficient; but the commis-
sioners agreeing shall sign the returns, 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 death, re-
fusal, neglect or inability to serve for one or more of the
commissioners; provided a majority of the whole number
appointed, (having acted together, ) shall agree the said as.
signment of dower or partition to be made by authority of
this act, (the Legislature of Delaware concurring, ) shall be
as valid, effectual and conclusive upon all the parties con-
cerned, as if the said lands, tenaments and hereditaments,
were situated wholly in Queen Anne's county aforesaid, and
the said assignment and partition had been made in pursu-
ance and by authority of the existing intestate laws of this

Proviso

State, and shall remain firm and stable, any law usage or
custom to the contrary thereof notwithstanding: Provided
nevertheless, and it is hereby expressly declared and enacted,
that this act shall not take effect, or be of any force or au-