SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

tenant by the courtesy, of, in and to the said estate, before they
shall proceed to divide or value the same, and the said commis-
sioners shall make the ascertainment and location of such part or
portion of the tenant by the courtesy a part of their return to
their commission, and the chancellor, or the county courts, as the
case may be, shall determine thereon, and confirm or reject the
same, as in other cases under this act.

CHAP. 191.

35. And be it enacted, That whenever any person shall become
entitled as tenant by the courtesy as aforesaid, and the commis-
sioners aforesaid shall determine and so certify to the chancellor
or county court, that the estate cannot be divided without loss
and injury to all the parties entitled, and the return of the said
commissioners shall be confirmed by the chancellor or county
court, and the persons entitled to elect to take the said estate at
the valuation made by the commissioners shall all refuse, then the
estate shall be sold by the said commissioners agreeably to the
terms prescribed to them, disencumbered by any tenancy by the
courtesy; and the chancellor, or the county court to which the
return is made, shall award to the tenant by the courtesy such
proportion of the purchase money as he or they shall think just
and equitable, in lieu of such tenancy by the courtesy; and in de-
creeing such proportion of the said purchase money to the said
tenant, the chancellor, or county court, as the case may be, shall
be directed by the age, health and condition, of such tenant, and
such award of payment shall be sufficient to bar such tenant from
all and every right or title, by such courtesy, which such tenant
may claim to the lands and tenements of such intestate.

Where estate can-
not be divided, &c.

there is no elect-
on, &c the same
shall be sold dis-
encumbered by
any tenancy by
the courtesy, and
the court shall a-
ward to such te-
nant a proportion
of purchase mo-
ney, &c.

36. And be it enacted, That whenever any person may be en-
titled as tenant by the courtesy to a life estate, in an undivided
part of the real estate of an intestate, and the commissioners
shall determine, and so certify to the court in their return, that
the said estate cannot he divided without loss and injury to all
the parties concerned, the chancellor, or the county court, to
which the said return is made, shall proceed to award to such te-
nant such sum in current money as he or they shall think just
and equitable, in lieu of such tenancy by the courtesy; and in de-
creeing such value to the said tenant, the chancellor, or the coun-
ty court, (as the case may be,) shall be directed by the age,
health and condition, of such tenant; and such award of value
shall be sufficient to bar such tenant, from all and every right or
title by such courtesy, which such tenant may claim to the lands
and tenements of such intestate; and the person making the elec-
tion to take the estate, at the, valuation of the commissioners, and
under the award of the chancellor or the county court, shall hold
the estate, disencumbered by any tenancy by the courtesy.

Where there is an
election, &c. the
person so electing
to hold disencum-
bered by any te-
nancy by the cur-
tesy, and court to
award such tenant
money in lieu
thereof.

37. And be it enacted, That if any person shall become entitled,
as tenant by the courtesy, to an undivided part of the real estate
of an intestate, after the return of the commissioners aforesaid,
and before the sale or division thereof, the chancellor or county
court shall be and they are hereby empowered, to order that the
commissioners shall alter and change, their return, and the com-
missioners shall upon service of the. said order, proceed to alter
their return, in such manner as that the tenant by the courtesy

If any person,
shall become en-
titled as tenant by
the curtesy after
the return of com-
missioners, and
before a sale or
division, return
to be altered, &c.