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Session Laws, 1820
Volume 625, Page 154   View pdf image
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SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820,

prejudice, and according to the best of their judgments and un-
derstanding; and the said justice shall duly certify the taking of
such oath or affirmation, and endorse his certificate on the said
warrant, or annex it to the same.

CHAP. 191.

42. And be it enacted, That the commissioners so appointed and
qualified shall be authorised and empowered, and are hereby di-
rected to proceed in the execution and completion of the said ori-
ginal commission, and to make, a true and full return of their
proceedings, according to the tenor and command of the said
warrant; and the acts and proceedings of the said commissioners,
or the major part of them, under and by virtue of the said war-
rant, shall have the like effect, and be of the same avail in law,
as if such persons had been named and appointed in and by the
said original commission.

Commissioners to
make a return of
their proceedings,
&c.

43. And be it enacted, That whenever a majority of the com-
missioners to be appointed in virtue of this act shall qualify, they
may proceed in the execution of the same, in the same manner as
they may do when the whole commissioners quality as afore-
said.

If a majority of
them qualify, they
may proceed to
act, &c.

44. And be it enacted, That where any lands, tenements or he-
reditaments, of any person dying intestate, shall lie in different
counties, it shall not be necessary for the parties interested there-
in to apply to the chancellor for a commission thereon to sell or
divide the same, but when it shall so happen that such lands,
tenements or hereditaments, lie in different counties included in
any one judicial district of this state, then and in such case ap-
plication may be made to the county court of such judicial dis-
trict where the greatest part of said lands and tenements may lie.

Where lands lie
in different coun-
ties is same judi-
cial district, how
division, &c. may
be made.

45. And be it enacted, That where any lands, tenements or he-
reditaments, as aforesaid, shall lie in different counties of differ-
ent judicial districts, and the said lands, (although in different
counties,) shall lie adjoining, then and in such case application
may be made to the court of the county where the greatest por-
tion of said lands and tenements may lie, for the sale or division
thereof.

Where they lie in
different counties,
&c and adjoin,
how division to be
made.

46. And be it enacted, That where lands, tenements or heredita-
ments, as aforesaid, shall lie in different judicial districts, and
not adjoining, but lie in different or detached parcels, then and in
such case application may be made in the several districts to the
respective county courts where the greatest proportion of such
lands and tenements may lie, for the sale or division thereof as
aforesaid.

47. And be it enacted, That the same proceedings shall be had
on all such applications respectively, as it the lands and tenements
laid in one county.

Where they lie in
different districts
and not adjoining,
how to be divided.

Same proceedings
to be had as if
they lay in one
county.

48 And be it enacted, That where any person may hereafter
devise any lands, tenements or hereditaments, to two or more
persons, by virtue of which devise such persons shall be entitled
to hold the said estate as joint tenants, or tenants in common, ac-
cording to the effect of such devise, it shall and may he lawful
for any one or more of such devisees, (being of lawful age,) to
make application to the county court of the county where such
lands and tenements may lie, or if lying in different counties,
then to the court of the county where the greatest proportion of

Devisees may ap-
ply for division of
lands devised to
them as joint te-
nants, &c. and
commissioners to
be appointed, &c.



 
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Session Laws, 1820
Volume 625, Page 154   View pdf image
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