The Prince George's enquirer and southern Maryland advertiser., 1900-05-18
CHAPTER 2o5,

CHAP1ER 2O5.
AN ACT TO REPEAL AND RE-ENACT
WITH AMENDMENTS, SECTION II6 OF
ARTICLE IS OF THE CODE OF PUBLIC
GENERAL LAWS OF MARYLAND
TITLE "CHANCERY," S U B-TIT L E.,
"PARTITION.'
Section l. Be it enacted by the General
Assembly of Maryland, That Section II6 of
Article 16 of the Code of Public General Laws
of Maryland, title "Chancery," subtitle
"Partition," be and the same is hereby re-
pea1ed and re-enacted so as to read as follows:
II6. The court may decree a partition of
any lands, tenements or hereditaments or any
right, interest estate therein either legal or
equitable on the bill or petition of any joint
tenant, tenant in common or any parcener or
any concurrent owner, whether claiming by
descent or purchase, or if it appear that said
lands, tenements or hereditaments or any
right, interest or estate therein cannot be
divided without loss injury to the parties
interested. the court may decree sale thereof
and division of the money arising from such
sale among the parties, according to their
respective rights; this section to apply to cases
where all the parties are 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 non conlbos mentis.
and also to apply to cases where any or all
of the parties are pon-residents, and any party
whether of full age, infants or NON coMboS
mentiS may file bill under this section. an
infant by his guardian or brochein ami, and a
non c0mb0S menfiS by his committee, and it
any contract hath been made for the sale of
any lands, tenements or hereditaments held as
aforesaid or any interest therein for on
behalf of any infant, idiot or person non
eOmbos mentis, which the court, upon hearing
as aforesaid and examination into all circum-
stances shall think for the interest and advan-
fao hnfh of cnch infant idiot 0r nan
compos mentis, 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 to an order of the court in the exer-
else of the above power, shall be good and
sufficient in law to transfer the estate and
interest of such infant, idiot person non
e0mpos menfs in such lands tenements or
hereditaments according to the true intent and
meaning of such deeds respectively, and 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 filed under
provision of this section for the sale of lands,
persons holding mortgages and other lncum-
brances, on an undivided interest therein, may
be made parties to said bill, and the lands
shall be sold free and clear of such mortgages
or other incumbrance, and the rights of the
lienors shall be protected in distribution OF
the proceeds of the sale of such lands.
Approved April S, 1900.
JOHN WALTER SMITH,
Governor.
JOHN HUBNER,
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-
r.. u, Soee
ALFRED RITTER,
Secretary of the Senate.
B. L. SMITH,
Chief Clerk of the House of Delegates.