1820.

LAWS OF MARYLAND.

CHAP. 191.

tion, or a part only shall be taken by election, then the estate,
or the part which shall not be taken by election, as the case may
be, shall be sold by the commissioners, or a majority of them,
upon such terms and conditions as shall be prescribed by the court,
and the proceeds of such sale divided in the manner herein before
directed.

Commissioners,

after having made
partition, shall re-

turn their pro-
ceedings, &c.

12. And be it enacted, That the commissioners appointed as
aforesaid, or a majority of them, after having made partition or
allotment in manner aforesaid, shall return their proceedings to
the next county court to happen thereafter, which shall be rati-
fied or rejected as justice shall dictate, and if ratified, and no ap-
peal by either party, the partition made as aforesaid shall be re-
corded, and remain and be binding, and if rejected, a new parti-
tion shall be made and returned as aforesaid, and either party may
appeal from the judgment of the county court, to the court of ap-
peals of the shore.

Where lands be

in different coun-

ties, application
may be made to
chancellor, &c.

13. And be it enacted. That if the lands or estate lie in different
counties, then an application may be made to the chancellor, who
shall appoint commissioners to make the whole examination and
division, or commissioners for each county where the lands or
other estate lie, as to him may seem most convenient; and the
commissioners by him appointed, or a majority of them, shall pro-
ceed in the same manner as directed for commissioners appointed
by the county courts, and shall make returns to the chancellor for
his confirmation or rejection, and similar proceedings shall be had
in the court of chancery upon a commission issued from that court,
as are before directed upon commission issued from the county
court; and in case of commission issued from the court of chan-
cery either party may appeal to the court of appeals of the wes-
tern shore.

Commissioners
shall cause notice
to be given to
parties, &c. See
section 50.

14. And be it enacted, That in the execution of this act, and be-
fore any proceeding is had by the commissioners, they or a ma-
jority of them, shall cause notice to be given to all parties con-
cerned, by advertisement set up at the door of the court house of
the county or counties where the lands may lie, and in such other
public places in the county or counties as they may direct, at
least thirty days previous to their proceeding to execute the said
commission.

If a minor is in-
terested who has
no guardian,
court to appoint
one.

Proceedings not
to be set aside for
matter of form.

If the estate con-
sists of things in-
divisable, it shall be
appraised, and there
shall be the same
right of election,
&c., if all refuse,
it shall be sold, &c.

15. And be it enacted. That if any minor shall be interested,
who hath not a guardian, then the court from which the commis-
sion issues, shall appoint a guardian for the purpose.
16. And be it enacted, That no proceedings of the commission-
ers shall be set aside for matter of form.
17. And be it enacted, That if the estate consist of things indi-
visible in their nature, then the commissioners, or a majority of
them, shall proceed to appraise, and value the said estate, and
make return thereof to the court as herein before directed, and if
the judgment of the commissioners shall be confirmed by the
court, then the person or persons entitled under this act to elect
to take other estate at the valuation of the commissioners, shall
have the same election as it respects the estate last provided for;
and if all refuse then the estate shall be sold by the said commis-
sioners, or a majority of them, upon such terms and conditions
as shall be prescribed by the court, and the proceeds divided in
such manner as is herein before directed,