SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

that the purchase money has been fully paid, agreeably to the
terms of sale, shall order and direct the commissioners, who shall
have made such sale, or a majority of them, or the survivors or
survivor of them, to execute and deliver to such heir, devisee or
assignee, a good and sufficient deed for the said estate in the
manner as is herein before provided for respecting deeds to be
executed to purchasers.

CHAP. 191.

26. And be it enacted, That in case of the death, inability or
removal out of the state of the commissioners, who shall make
sale of any estate under and ii; virtue of this act, without having
executed to the purchaser thereof a deed of conveyance for the
same, so that there be not a majority, or survivors or survivor of
the said commissioners in the state, and capable to execute such
deed, then and in that case the county court or chancellor, as the
cane may be, on the application of the purchaser, his heirs, de-
visers, or assignees, and it appearing to the said court or chan-
cellor that the purchase money hath been fully paid and satisfied,
to appoint one or more commissioners, and authorise him or them
to make and execute to such purchaser, his heirs, devisees or as-
signees, a deed of conveyance for the estate so purchased, and
every such deed shall have the same operation and effect as if the
Kami1 hud been executed by the commissioners who made the said
sale.
27. And whereas it may be beneficial to the parties concerned,
either where a division is adjudged to be made among the repre-
sentatives, or a sale of the estate becomes necessary, that the wi-
dow's dower in and to the same should be previously ascertained

In case all the
commissioners die
without having
executed a deed,
court may appoint
others to execute
the same.

and laid off, therefore. He it enacted, That the commissioners, or
a majority of them, shall be and they are hereby empowered and
directed, to ascertain and lay off the widow's dower in and to the
lands and tenements of the intestate, by virtue of their commis-
sion, before they shall proceed to divide or value the same; and
the said commissioners shall make the ascertainment and location
of such dower a part of their return to such commission; and the
county court, or chancellor, as the case may be, shall determine
thereon, and confirm or reject the same, as in other cases under
this act.

Commissioners to
lay off widow's
dower before they
proceed to divide
estate, &c.

28. Provided always, And be it enacted, That in case of sale of
the intestate's real estate by the commissioners, if the widow will
consent to the sale of the whole estate, she shall signify and sub-
scribe her consent in writing, and the same shall be filed with the
clerk of the county court, or with the register in chancery, as the
case may be, and thereupon the said commissioners shall proceed to
sell the whole real estate agreeably to the terms prescribed to them,
disencumbered by -my right or title of dower, and in considera-
tion thereof the county court or chancellor respectively, shall
award to the widow such proportions of the purchase money as
shall be just and equitable, not exceeding one seventh part nor
less than one tenth part of the net amount of the sales, according
to the age, health and condition of such widow; and such award
of payment shall be a sufficient bar to all and every right or title
of dower which such widow may claim to the lands and tenaments
of such intestate.

If the widow con-
sents to a sale, she
shall signify her
consent, &c, court
to award her pro-
portion of pur-
chase money, &c.

29. And be it enacted, That in all cases where any of the heirs
of a person deceased without will, have sold, or shall hereafter

Where heirs of in-
testate have sold
their right, &c.