414

INHERITANCE. [ART. 47.

award to the widow such proportion of the purchase-money as shall
be just and equitable, not exceeding one-seventh part nor less than
one tenth part of the net amount of the sales, according to the age,
health, and condition of such widow; and such award of payment
shall be a sufficient bar to all right of dower which such widow may
claim in said lands

Id s 64.
1820, c 191, s. 23.
Pay of commis-
sioners.

64. The court shall allow to each commissioner for every day he
shall necessarily attend in the execution of such commission, a sum
not exceeding two dollars per day; and to the surveyor employed by
them (when necessary) a sum not exceeding six dollars per day for
himself and chain-carriers, and such other expenses as they may
deem reasonable and proper; all which allowances and expenses,
together with the fees on the issuing and return of such commission,
shall be paid by the representative applying for the commission,
when the lands or estate are divided, or by the representative mak-
ing his election to take the estate; and such representative may
charge the other representatives with their respective proportions
of the whole sum so paid, and each other representative, or his guar-
dian, shall be obliged to repay or allow him his part thereof re-
spectively; and in case the lands or estate shall be sold by the com-
missioners, they shall then pay. out of the money arising from the
sale, the whole of the expenses attending the execution of their com-
mission, to be allowed as above by the court.

Id 8 65
1820, c 191, s 32;
1832, c 53
Deed to person
electing

65. In all cases where an election shall be made by any person
under and in virtue of this article, or by the husband in right of
his wife, and the valuation of the land of the said intestate hath
been paid to the heir or heirs of the deceased, by the person so
electing, the commissioners, or a majority of them, or the survivors
or survivor of them, shall, under the direction of the court to which
the return or returns shall have been made, make and execute to the
person so electing, at his expense, a good and valid deed of bargain
and sale in fee simple.

Id. s. 66
1820, c 191, s 24,
1833, c 93.
Deed to pur-
chaser

6 6. In all cases of sale made by the commissioners, or a majority
of them, after the same shall be ratified by the court, and the terms
of sale shall have been complied with by the purchaser or purchasers
paying the purchase-money, agreeably to the terms of sale, it shall
then be the duty of the commissioners, or a majority of them, or
the survivors or survivor of them, to convey to the purchaser or pur-
chasers by deed duly executed and acknowledged according to law,
all the right, title, claim, interest, and estate of the deceased intes-
tate to the lands and premises sold by them in virtue of their com-
mission, and every such deed shall be recorded in the time limited
by law.

Id 8 67.
1820, c 191, s 25
Where pur-
chaser dies or
assigns before
deed executed.

67. Whenever any estate shall he sold, and the purchaser shall
die, or shall assign his equitable interest therein, before any deed
shall be executed for the estate sold, then, and in that case, the
court, on the application of the heir, devisee, or assignee of such
purchaser, and being satisfied that the purchase-money has been