INDEX TO THE LAWS.

CHAP.

CHAP.

Children born before marriage, but are

election, &c. If all refuse, the estate

acknowledged after the marriage of the

shall be sold, &c. (§ 17)

191

parents, declared to be legitimated, &c.

When the estate shall be sold on credit,

(§ 7)

191

bonds are to be taken with security, &c.

Where the parties entitled to the intes-

(§ 18)

Ib.

tate's estate cannot agree upon a divisi-

The persons electing to take the estate

on, or any person entitled to a part be a

to give bonds, &c. (§ 19)

Ib.

minor, the county court, on application,

Such bonds, and the bonds of purcha-

may issue a commission for dividing the

sers where there is a sale, to be a lien on

estate, &c. (§ 8)

Ib.

the lands, &c. (§ 20)

Ib.

Oath at the commissioners,

Ib.

The person electing to take any part of

The commissioners to determine whe-

the estate, &c to give bond with sure-

ther or not the estate will admit of be-

ties, &c such bonds to be a lien, &c.

ing divided, and to ascertain the value,

(§ 21)

Ib.

&c

Ib.

Bonds pay, if the court so adjudge, he

— If the estate can be divided, then

given to the state, instead of the repre-

partition to be made,

Ib.

sentatives of the intestate How they

—— Or, if it cannot be divided equally.

are to be recorded, sued, &c. (§ 22)

Ib.

then it may be divided into as many

Allowance to the commissioners, &c.

parts as it is susceptible of, &c.

Ib.

and how to be paid, &c ($ 23)

Ib.

—— If the estate cannot be divided

The commissioners to execute deeds to

without a loss, the the commissioners to

the purchasers, (§ 2)

Ib.

make return of their judgment &c. (§ 9)

Ib.

—— Where the purchaser is dead, or

An election given to the children, (if of

has assigned his equitable interest, the

age) successively to take the estate, and

court may direct the commissioners to

pay the others their just proportions of

execute a deed to the heir, devisee or as-

the value.

Ib.

signee of the purchaser, (§ 25)

Ib.

—— If all refuse, then the estate to be

—— If the commissioners are all dead,

sold by the commissioners, &c. and the

&c. the court may appoint others to ex-

purchase money divided. &c.

Ib.

ecute a deed to the purchaser, his heirs.

When the land can be divided, then the

&c. (§ 26)

Ib.

same shall be surveyed and laid out, &c.

The commissioners shall lav off the wi-

and if it be equally divided between all

dow's dower in the estate before they

the parties interested, the commissioners

proceed to divide the same, (§ 27)

Ib.

shall allot to each his or her share,

If the widow consents to a sale, she shall

(§ 10)

Ib.

signify her consent, &c. The court to

If the estate is divided into as many parts

award to her a proportion of the pur-

as it is susceptible of, the right of elec-

chase money in lieu of her dower, (§ 28)

Ib.

tion to be according to the rules before

Where any of the heirs of the intestate

mentioned,

Ib.

have sold their right, &c the purchaser

Where all or any of the parties entitled

may apply to have a division of the es-

to elect shall refuse, then the estate, or

tate, (§19)

Ib.

the part not taken, shall be sold, &c.

If any person entitled to nuke election

(§ 11)

Ib.

is absent from the county, tic the court

The commissioners after having made

to cause notice to be published, &c. on

partition shall return their proceeding,

his or her nonappearance, the person

&c. (§ 2)

Ib.

next entitled may elect, Sac. (§ 30)

Ib.

Either party may appeal from the coun-

—— If an idiot, &c. the person next en-

ty court to the court of appeals of the

titled may elect, &c. (§ 31 )

Ib.

shore,

Ib.

The commissioners to execute deeds to

—— Or from the court of chancery to

persons electing to take the estate, &c.

the court of appeals of the shore, (§ 13)

Ib.

(§ 32)

Ib.

Where the lands lie in different counties,

If the eldest male i« not of age to make

application may be made to the chancel-

election, then the eldest female, if of age.

lor, who shall appoint commissioners.

may elect, (§ 33)

Ib.

&c. and there shall be the same pro-

The part of a tenant by the curtesy to

ceedings, &c

Ib.

be laid off where the estate will admit of

The commissioners shall cause notice

division, &c. ($ 34)

Ib.

to be given to the parties, &c.

—— Where the estate will not admit of

(§ 14 & 50)

Ib.

division, and there is no election, &c. it

If a minor is interested who has no guar-

shall be sold disencumbered by any te-

dian, the court shall appoint one, (§ 15)

Ib.

nancy by the curtesy, and the court

Proceedings of the commissioners not to

shall award to such tenant a proportion

be set aside for matter of form, (§ 10)

Ib.

of the purchase money, ,§c. (§ 35)

Ib.

If the estate consists of things indivisi-

—— Where there is an election, &c. the

ble in their nature, it shall be valued,

person so electing to bold disencumber-

and there shall be the same right of

ed by any tenancy by the curtesy; and