FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

of his said ward, for such property as he may purchase un-
der said authority.

chap. 278.

CHAPTER 278.

An act to authorize the division of the Real Estate of Wil-
liam and Mary Elbert.

Passed March
8, 1842.

Whereas, a certain William Elbert and Mary his wife,
of Queen Anne's county, died many years ago, and before
the passage of the act of seventeen hundred and eighty-six,
chapter forty-five, being the act to direct descents and the
said William and Mary Elbert were seized at the time of
their death of lands in said county, which descended upon
four daughters, and by reason that the descent of said lands
was cast prior to the passage of the said act, the descen-
dants of the said William and Mary have not been able to
make a division conformable to the provisions of the said
act, and a petition for the division of said lands was hereto-
fore dismissed in Queen Anne's county court, and it hath
been represented to this General Assembly, that some of the
parties interested in the said lands are desirous to have a di-
vision thereof, but have not been able to effect that object
by agreement, owing to the infancy and coverture of some
of the said parties.

Preamble.

Section 1. Be it therefore enacted by the General As-
sembly of Maryland, That the judges of Queen Anne's
county court be and they arc hereby authorized to re-instate
the above case upon the docket of said court at the next
May term thereof, and they shall and may order such pro-
ceedings, and shall hear and determine all questions arising
out of the said case, in the same manner as if the said Wil-
liam and Mary Elbert had died since the operation of the
above cited act of seventeen hundred and eighty-six, chap-
ter forty-five.

Judges to re-
instate case.

Sec. 2. And be it enacted, That the commissioners here-
tofore appointed by Queen Anne's county court, on the peti-
tion above mentioned or a majority of them be and they are
hereby authorized and empowered to act under the original
commission, in the same manner as if the said William and
Mary Elbert had died since the operation of the said act of
seventeen hundred and eighty-six, chapter forty-five, and all
the proceedings of the commissioners aforesaid under this
act, are hereby declared to be valid and binding in law to all
intents and purposes.

Commission-
ers to act un-
der the origi-
nal commis-
sion.