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Session Laws, 1814
Volume 633, Page 123   View pdf image
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LEVIN WINDER, ESQ. GOVERNOR.

123

2. AND BE IT ENACTED, That where any lands,
tenements or hereditaments, as aforesaid, shall lie in dif-
ferent counties of different judicial districts, and the
said lands (although in different counties) shall lie adjoin-

ing, then and in such case application may he made to

the court of the county where the greatest portion of said
lands and tenements may lie for the sale or division

thereof.
3. AND BE IT ENACTED, That where lands, tene-

ments or hereditament, as aforesaid, shall lie in differ-

ent judicial districts and not adjoining, but lie in diff-
erent or detached parcels, then and in such case applica-
tion may be mad in the several districts to the respective
county courts where the greatest portion of such lands
and tenements may lie for the sale or division thereof as

aforesaid.

DEC. SESS.
1814.

Lands, &c.

in different
counties of
different judi-
cial districts—

Lands &c.
lying in differ-
ent judicial
districts and
not adjoining.

4. AND BE IT ENACTED, That the same proceed-
ings shall be had on all such applications respectively as
if the lands and tenements laid in one county, as directed
by the act to which this is a further additional supple-

ment, and the several supplements thereto.

Proceedings.

5. AND BE IT ENACTED, That where any person
shall have devised or 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 com-
mon according to the effect of such devise, it shall and
may be lawful for any one or more of such devisees (be-
ing of lawful age) to make application to the county
court of the county where such lands and tenements may
lie, (or if laying in different counties, then to the court
of the county where the greatest portion of such lands
and estate may be) for a commission to divide the same,
and upon such application the court shall appoint five ju-
dicious and disinterested persons to divide and make

partition among a I the parties entitled to the same.

Devises.

6. AND BE IT ENACTED, That the said commis-
sioners, or a majority of them, when so appointed, shall
take the same oath (or affirmation as the case may be)
as in such cases is required by the act to which this is a
further additional supplement, and shall proceed to divide
the said lands, tenements or hereditaments among the
several devisees agreeably to the will of the deceased, in
the same manner and with the same effect as if it writ of

partition had been obtained for the same.

Commission-
ers after quali-
fying to make
partition.

7. AND BE IT ENACTED, That in cases where
a commission may have been issued and not executed,
or that may hereafter issue from any county court or
the court of chancery, to make partition of an intestate's
estate, and any of the parties interested reside out of this
state, the commissioners before they proceed in the exe-
cution of said commission, shall cause notice thereof to
be given by advertisement set up at the door of the court

Parties resi-

ding out of the

state—notice
to be given.



 
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Session Laws, 1814
Volume 633, Page 123   View pdf image   << PREVIOUS  NEXT >>


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