ART. 47.] INHERITANCE. 335

execution of the same, in the same manner as they may do when
the whole commissioners qualify as aforesaid.

34. In the execution of this article, and before any proceeding
is had by the commissioners, they, or a majority of them, shall
cause notice to be given to all parties concerned by advertise-
ment set up at the door of the court house of the county or
counties or city where the lands may lie, and in such other public
places in the county or counties or city as they may direct, at
least thirty days previous to their proceeding to execute the said
commission.

35. If any minor shall be interested who hath not a guardian,
then the court from which the commission issues shall appoint a
guardian for the purpose.

36. In cases where a commission may issue from any court to
make partition of an intestate's estate, and any of the parties
interested reside out of this State, the commissioners, or a ma-
jority of them, before they proceed in execution of said commis-
sion, shall cause notice thereof to be given by advertisement set
up at the door of the court house of the county or counties or
city where the lands may lie, and in such other public places in
the county or counties or city, and also published in such news-
paper or papers as they may direct, at least two months previous
to their proceeding to execute such commission.

37. In all cases where by this article any notice or publication
is required, a statement made in the proceedings that due notice
according to law has been given, or to that effect, shall be "prima
facie" evidence that notice was given according to law.

38. The said commissioners, or a majority of them, shall ad-
judge and determine whether the estate will admit of being
divided without injury and loss to all the parties entitled, and
ascertain the value of such estate in current money, taking into
consideration any encumbrance thereon, and ascertain the value
of the estate subject to the encumbrance; and if the estate can,
in the opinion and judgment of the commissioners, or a majority
of them, be divided without loss and injury to all parties entitled,
then they shall divide and make partition of the same, fairly and
equally in value, between all the parties interested, according to
their several just proportions.