1820.

LAWS OF MARYLAND.

CHAP. 191.

as each may he entitled to agreeably to the order of the court:
which bond shall be and remain a lien on the said real estate until
the money intended to be secured thereby shall be wholly paid,
and the said bond shall be recorded among the records of the
county court from which the commission may have issued; and in
case the commission shall have issued from the chancery court
then the said bond to be recorded in the office of the court of ap-
peals for the western shore; and upon such bond, or an office co-
py thereof, suit or suits may be instituted against the obligors
therein, or any of them, for any breach of the condition thereof
by any person interested therein; and the plea of non est factum
shall not be received to any such suit unless the same is verified
by the affidavit of the defendant or defendants tendering the same.

Allowance to the
commissioners, &c
and how to be

paid, &c.

23. And be it enacted, That the chancellor or the respective
county courts as the case may be, shall be and they are hereby
authorised and empowered, to allow to each commissioner, for
every day he shall necessarily attend in the execution of such
commission, a sum not exceeding two dollars per day, and to the
surveyor employed by them (when necessary,) a sum not exceed-
ing six dollars per day, for himself and chain carriers, and such
other expenses as they may deem reasonable and proper, all
which allowances and expenses, together with the fees on the is-
suing and return of such commission, shall be paid by the repre-
sentative or representatives as the case may be, applying for the
commission, when the lands or estate are divided, or by the re-
presentative making his or her election to take the estate; and
such representative or representatives, as the case may be, may
charge the other representatives with their respective proportions
of the whole sum so paid, and each other representative, or his
or her guardian, shall he, obliged to repay or allow him, his or
her part thereof respectively; and in case the lands or estate
shall he sold by the commissioners agreeably to the provisions of
this act, they shall then pay, out of the money arising from the
sale, the whole of the expenses attending the execution of their
commission, to he allowed as above by the chancellor or county
courts as the case may be.

Commissioners to
execute deeds to
purchasers, &c.

24. And be it enacted, That in all cases of sale made by the
commissioners, or a majority of them, after the same shall be
ratified by the respective county courts, or chancellor, and the
terms of sale shall have been complied with by the purchaser or
purchasers having paid the purchase money agreeably to the said
terms of sale, it shall then be the duty of the commissioners, or
a majority of them, or the survivors or survivor of them, to con-
vey unto the purchaser or purchasers by deed duly executed and
acknowledged according to law, all the right, title, claim, inter-
est and estate, of the deceased intestate, to the lands and premises
sold by them in virtue of their commission, and every such deed
shall be recorded within the time limited by law.

Whenever an es-

tate shall be sold
and the purchaser
dies, &c before a
deed is executed,
court may order a
deed.

25. And be it enacted, That whenever any estate shall be sold
under and in virtue of this act, and the purchaser shall die or
shall assign his equitable interest therein before any deed shall
be executed, for the estate sold, then and in that case the county
court or chancellor, as the case may be, on the application of the
heir, devisee or assignee of such purchaser, and being satisfied