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CHAP 191.
Where a person
is entitled to a
life estate, be in
an undivided part
&c same proceed-
ings to be had as
directed with re-
gard to tenancies
by the curtesy.
Where entitled by
devise in fee same
proceedings shall
be had as regards
purchasers.
Where all the
commissioners
die, leaving com-
mission, &c unex-
ecuted, others may
be appointed, &c.
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shall come in for his proportionable share of the said intestate's
estate, with those who by law may be entitled to take as heirs of
the intestate.
38. And be it enacted, That where any person is entitled by
deed or devise to a life estate in an undivided part of the real
estate of an intestate, the same proceedings shall he had as are
directed by this act with regard to tenancies by the courtesy; and
where any person is entitled by deed or devise to the remainder
after such life estate, the same proceedings shall be had as are di-
rected by this act, where a person is entitled to an undivided part
of an intestate's estate, subject to a tenancy by the courtesy.
39. And be it enacted, That where a person is entitled to an
undivided part of an intestate's real estate by devise in fee, the
same proceedings shall be had as directed with regard to purcha-
sers as aforesaid.
40. And be it enacted, That in any case wherein all the com-
missioners appointed by the court of chancery, or by any county
court, shall die before, having completely executed the commission
directed to them, or any order made in connection therewith, it
shall and may be lawful for the chancellor, or such county court
by whom such commission shall have been awarded, on the ap-
plication by petition, in writing, of any heir, representative, pur-
chaser, or other party interested, to appoint other discreet and
sensible men for the purpose of proceeding in the execution and
completion of the. commission originally issued, or of any order
made in pursuance thereof, and every such petition shall set forth
the substance of the first application, the issuing of the commis-
sion, the progress which the commissioners shall have made to-
wards the execution thereof, and their decease, that the chancellor
or court may be better enabled to understand what remains to be
completed; and thereupon the said chancellor, or court, being first
satisfied of the truth of what the petition shall allege, shall be,
and they are hereby authorised and empowered, to nominate and
appoint two, three, or more commissioners, according to the pro-
gress made by the deceased commissioners, for the purpose of com-
pleting the execution of the said commission, or of any order re-
luting to the same.
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Warrants to is-
sue to such new
commissioners, &c.
New commission-
ers to proceed in
the execution of
original commissi-
on, &c.
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41. And be it enacted, That the register in chancery, or the
clerk of the county court, as the case may be, shall thereupon
issue a warrant, in the nature of a commission, directed to the
persons so appointed commissioners, reciting in substance the facts
set forth in said petition, and authorising and requiring the said
commissioners, or the major part of them, if more than two, forth-
with to proceed in the execution and completion of the original
commission, and directing them to return the said warrant, to-
gether with a certificate, of their proceedings annexed to the same,
with all convenient speed, and the said commissioners, upon re-
ceiving notice of the said warrant, shall repair before a justice
of the peace, in and for the county wherein they shall respectively
reside, and severally make oath or affirmation, that they will well
and faithfully perform the duties required of them by the said
warrant, and proceed in the. execution and completion of the ori-
ginal commission therein mentioned, without favour, partiality or
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