1820.

LAWS OF MARYLAND.

CHAP. 191.

purchaser may ap-
ply to have a di-
vision, &c.

sell their right and title to the intestate's real estate, and the pur-
chaser or purchasers, and the other heir or heirs cannot agree up-
on a division, or in case any person entitled to any part be a mi-
nor, in order to obtain a division of the estate, the purchaser or
purchasers, heir or heirs, may proceed as the heir or heirs of the
deceased, according to the provisions of this act.

Where person en-
titled to make
election is absent,
court to cause no-
tice to be publish-
ed, &c. on non-
appearance per-
son next entitled
may elect, &c.

30. And be it enacted, That if any person or persons entitled to
make election, to take the estate of any intestate as aforesaid, shall
be absent from the county, or not residing therein at the time
when such election ought to he made, and shall not appear in
court, and elect, or refuse to elect to take the said estate, or any
part thereof, as the case may be, the court shall pass an order, to
be published in some convenient newspaper at least four weeks
successively, giving notice of the return and confirmation of the
commission, and appointing some day in the term next, succeed-
ing that in which the said order shall be passed, for such absent
person to appear in court, and make his or her election as afore-
said; and on proof being made to the satisfaction of the court of
the due publication as aforesaid, and on the nonappearance of the
person so absent as aforesaid, it shall and may be lawful for the
person next entitled, to come in and make election in the same
manner as if the person so absent had appeared and refused to
take the estate, or any part thereof, at the valuation of the com-
missioners.

If an idiot, &c.,
person next en-
titled may elect
&c.

31. And be it enacted, That if any person or persons entitled
to make election as aforesaid, shall be an idiot, non compos mentis,
deaf and dumb, or otherwise disqualified to declare his or her
intention, in such case the person next entitled shall be authorised
to make his or her election, in the same manner an if the person
disqualified as aforesaid had refused to make election as afore-
said.

Commissioners to
execute deeds to
persons electing,

&c.

32. And be it enacted, That in all cases where an election shall
he made by any person or persons under and in virtue of this act,
or by the husband in right of his wife, and the valuation of the
land of the said intestate hath been paid to the heir or heirs of
the deceased, by the person or persons so electing, the commis-
sioners, or a majority of them, or the survivors or survivor of
them, shall under the direction of the court to which the return
or returns shall have been made, make and execute, to the person
so electing, at his expense, a good and valid deed of bargain and
sale in fee simple.

If eldest male is
not of age to make
election, eldest fe-
male, if of age,
may elect, &c.

33. And be it enacted, That in case the eldest male shall not be
of age to make his election, it shall and may be lawful for the
eldest female, if of age, to elect to take the land at the valuation
of the commissioners, notwithstanding the existence of any male
minor, any thing herein contained to the contrary notwithstand-
ing; Provided always, that no female shall be permitted to make
an election unless she shall he of the age of twenty-one years.

The part of a ten-
ant by the courtesy
to be laid off

where estate will
admit of division
&c.

34. And be it enacted, That whenever any person shall become
entitled as tenant by the courtesy, to any part of the real estate
of an intestate, and the commissioners appointed in virtue of this
act shall determine that the estate will admit of division, then
the said commissioners shall bo and they are hereby empowered
and directed to ascertain and lay off the part or portion of such