| 1786.
CHAP.
XLV. |
LAWS of MARYLAND.
chancery court, either party may appeal to the court of appeals, but
there shall
be no appeal from the decision of the chancellor in cases where the
commission
issues from the county court; and in the execution of this act, reasonable
notice
shall always be given by the commissioners to all parties concerned before
any
proceeding is had, and 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; and no proceedings of the commissioners shall be set aside for
matter of
form; and if the estate consists of things indivisible in their nature,
then the
rule of the common law as to the enjoyment thereof shall take place
between
the parties entitled. |
| Proviso. |
IX. Provided
always, and be it enacted, That if the inheritance consists
of land not worth more than fifteen pounds ready current money per acre,
to be
ascertained by the commissioners aforesaid, then the same shall not be
divided
into any shares less than fifty acres each, and if the land shall not be
above the
value aforesaid, and there be not sufficient to distribute to each person
entitled
fifty acres, and the land is determined to admit of division without loss
to all
the parties interested as aforesaid, then the land shall be equally divided
among
such number of the persons entitled, as the quantity of land left by the
intestate
divided by fifty will give; and the land so divided shall be offered, an
if accepted,
belong to the eldest male persons entitled by the course of descent, as
by this
act is settled, if the number of males entitled be sufficient to take the
whole, and
if not, to the eldest females to make the number sufficient to take the
whole,
and if there be no males, then to the eldest females; and if any person
refuses
to accept the land as aforesaid, then the same shall be offered to the
persons entitled
next in seniority, pursuing the rule between males and females as is above
directed; and upon such division and acceptance, the persons entitled under
the
course of descent aforesaid, who may be left without a share of land, shall
in
lieu thereof have in money the reasonable and moderate value of the land
which
would have fallen to their share upon a division among all the persons
entitled,
to be ascertained by the commissioners aforesaid, and returned to the
county court
for their confirmation or rejection, which money shall be paid to the persons
entitled
out of such part of the personal estate left by the intestate, as would,
upon
a distribution thereof, belong to the persons provided for by accepting
a share of
land as aforesaid, if the same be sufficient, and if not, the deficiency
shall be
paid equally by the persons having land as aforesaid, and the same shall
be a lien
and incumbrance on such land until paid, and may be recovered by an action
upon the case brought by the parties respectively entitled, wherein it
shall be
only necessary to charge the person or persons holding the land with
money had
and received to the use of the plaintiff or plaintiffs, and the sum justly
due shall
be ascertained and recovered. |
| Commencement. |
X. This act to commence on the first day of
January, seventeen hundred and
eighty-eight. |
| Proviso. |
XI. Provided
always, and be it enacted, That if any citizen of this state
shall be out of the state at the time when this act takes place, so
that such citizen
cannot have notice of the same, that then this act, and the course of descent
thereby established, shall not extend to such citizen, or is estate, if
he shall die
intestate during his absence from this state, nor shall this act affect
the estate of
any citizen of this state, absent as aforesaid, until three months after
his return
into the state. |
Passed January
20. |
CHAP. XLVI.
An ACT for the adjournment
of Baltimore county court. |
| Preamble. |
WHEREAS Baltimore November county court stand adjourned
till the
second Monday in January, and several persons having business in said
court are members of the general assembly, and obliged to attend their
duty therein; |
|
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