1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 291.

cept the said land and return one of said reports to the
orphan's court of New Castle County, and the other of
said reports to such court in Cecil county in the state of
Maryland as the legislature of the said state shall hereafter
direct; and upon such return being made, it shall be the du-
ty of the said orphans court to assign the said tract of land
to the said party or parties entitled, so accepting the same
upon their paying or entering into recognizance with suri-

ty or surities to be approved by said court to pay to the
other parlies entitled, their several executors or adminis-
trators, their respective just and proportionable shares of
the said appraised value of the said tract of land, the costs
and expenses being therefrom first deducted.

If none of the
parties accept,
or neglect to
signify to the
commission-
era in time,

&c.

SEC. 4. And be it further enacted, That if it shall so
happen that none of the parties entitled shall accept the said
tract of land at such appraisement as aforesaid, or shall
neglect to signify their intention to the said commissioners
within the time by them appointed as aforesaid, that it shall
be lawful for the said commissioners, or a majority of them,
and they are hereby authorized and empowered after pub-
lic notice to be given by advertisement in one newspaper
published in the said county of New Castle, and another in
said county of Cecil, (or at such place in the said State of Ma-
ryland as may be nearest to said tract of land) for the space
of at least thirty days, to sell the said tract of land by public
vendue, to the highest and best bidder for the same; provi-

Proviso.

ded, that in addition to the said publication the said commis-
sioners shall also cause to be set up in ten of the most pub-
lic places in the said counties of New Castle and Cecil re-
spectively, at least ten days before the time appointed for
such sale, notices by them to be signed, describing the said
property, and the manner in which the same is to be sold.

After sale the
commission-
ers to make
duplicate re-
ports.

SEC. 5. And be it further enacted, That after such sale
shall have been made, it shall be the duly of the said com-
missioners to make duplicate reports, and to return the same
as is herein before provided, setting forth all their acts and
proceedings, and upon such return being made, it shall be
the duty of said orphan's court to assign the said tract of
land to the purchaser or purchasers thereof, upon payment
to the parties entitled, or security as aforesaid, of their re-
spective just and proportionable shares of the purchase
money, costs and expenses first deducted.

Party or par-
ties accepting
or purchasing
said land, &c.

SEC. 6. And be it further enacted, That the party or
parties accepting or purchasing said tract of land under the
provisions of this act, shall by virtue of the assignment
herein provided for, take all the estate, title and claim of
the aforesaid Francis Segar, (the elder, ) in and to the said
tract of land, at the time of his death.