The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-05-26
CHAPTER 2oS.

AN ACT TO REPEAL AND RE-ENACT
WITH AMENDMENTS, SECTION II6 OF
ARTICLE 10 OF THE CODE OF PUBLIC
GENERAL LAWS OF MARYLAND
PARTITION"
Section l. Re it enacted by the General
Assembly of MARYLAND, That Section II6 of
Article 10 of the Code of Public General Laws
of MARYLAND. title "Chancery," subtitle
Partition, bc aud the same Is hereby re
pealed and re-euacted 50 as to read a. follows:
ITO. The court NAV decree a partition of
any lands, tcuements or hereditanients or any
right. interest or estate therein either legal or
equitable on the bill OF petition of any joint
tenant, tenant in common or any parcener OF
any concurrent owner. whether claiming by
descent or purchase, or II IL appear that said
lands tencmeuts or herediiaments or any
right. interest or estate therein cannot be
divided without loss or injury to the parties
interested the court may decree sale thereof
and division of the money arising from such
sale among the parties, according 10 their
respective rights, this section to apply to cases
where all the parties of full age, and to
cases where all the parties are infants and TO
cases where some OF the parties are OF full age
and some infants, and to cases where some or
all of the parties are sos F0steoS gsSEffS.
and also to apply 10 cases where any or all
Of the parties arc uou-reSidenis. and any party
whether of fail age. infants e0HeoS
tgcalIS NAV hle bill under this section, an
infant hy his guardian OF pvorhrfH gDfI, and a
sos fOwroS fg<sfiy By his committee, and II
any contract hath been made for the sale OF
any lands tenemeuts or hereditsments held as
aforesaid. or any interest therein for or on
behalf of any infant. idiot person non
saHsfoS ssrE9sg which the court, upon hearing
as aforesaid and examination into all circum-
stances shall think for the interest aud advAn-
tAge, both Of such infant, idiot OF person s0H
coHsecy ssesiIS. and of the other person or
persons interested therein to be confirmed,
the court may confirm such contract. and all
sales and deeds made IN Pursuance OF and
agreeably 70 an order of the court in the exer-
Cise of the above power. shall be good and
sufficient IN lAw TO transfer the estate ana
interest Of such infant, idiot or person non
corst9g ,HSah5 in such lands, tenemeutS or
hercditaments according 10 the true intent and
meaning OF such deeds respectively. aud IN all
cases OF deeds executed in the exercise of the
above power, the same shall be executed and
acknowledged by such person or persons as
the court may appoint for the purpose. And
whenever any bill or petition IS hled under
provision OF this section for the sale OF lands.
persons holding mortgages aud other incum-
brancrs undivided interest therein, may
DC made parties TO said bill, and the lands
shall DC sold free and clear Of such mortgages
or other incnmhrauce, and the rights of the
lienors shall be protected in distribution of
the proceeds of the sale OF such lands.
Approved ApTl {, 1890.
John WALTER SMITH,
Governor.
John Hummer,
President of the Senate.
LLOYD WILKINSON,
Speaker Of the House of Delegates.
We hereby certify. That the aforegoing is a
correct copy OF an Act Of the General Assem-.
bly of Maryland. passed January Session, I9nc.
ALFRED RITTER
Secretary Of the Senate.