The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1904-04-30
PUBLIC GENERAL LAWS OF 1904.
PARTITION REAL ESTATE-CHAN.
Gerry.
CHAPTER h25.

CHAPTER 535.
AN ACT to repeal anu re-enact, with
amendments, Section 1l6, OF Article
16, of the Code of Pubnc General
Laws of Maryland, title, 'Chancery,
subtitle Partition, as amended
by Acts of 1900, Chapter 205.
Sec 1.-Be it enacted by the Gen
eral Assembly of Maryland, That Sec
tion 116, OF Article 1s, Of the Code OF
Public General Laws OF Maryland,
title, "Chancery," subtitle Partition"
as amended by Acts of 1900. Chapter
205, be and the same is hereby re-
pealed and re-enacted so as to read
as follows:
116 The court may decree a parti-
tion of any lands, tenements or her
editatments, or any right. interest or
estate therein, either legal or equita-
BILE, on the bill or petition OF any joint
tenant, tenant in common, or any par
cener or any concurrent owner, Wheth-
er claiming by descent or purchase,
or if it appear that said lands. teHe-
mentS or hereditamentS, or right, in
tereSt or estate thereon, cannot be
divided without loss or Injury to the
parties interested, the court may de-
cree a sale thereof, and a division OF
the money arising from such sale
among the parties, according TO their
respective rights; this section to ap-
ply 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
are non compos mentis, and also TO
apply to cases where any or all of
the parties are non-residentS; and any
party, whether Of full age, infants or
non compOs mentis, may file bill un-
der this section, an infant. by his
guardian or procheinami, and q non
compos mentis by his committee, and
il any contract hath been made for
the sale OF any lands, tenements or
hereditaments held as aforesaid. or
any interest therein for or on behalf
of any infant, idiot or person non COM
pos mentis which the court, upon
hearing aforesaid and examination
into all the circumstances, shall think
for the interest and advantages, both
OF such infant, idiot or person non
compos mentis, and Of the other per-
son or persons interested therein to
be confirmed. the court may confirm
such contract, and all sales and deeds
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 or person non COmpOs mentls
in such lands, tenements or heredita-
ments, according to the true intent
and meaning OF such deeds, respec-
lively; and in all cases OF deeds exc
cuted 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 wherever any bill
or petition is filed under the proyis-
ions of this section for the sale OF
lands, persons holding mortgages and
other incumbrances on the said lands
or an undivided interest therein, may
be made parties to said bill, and the
said lands or interest therein, shall
be sold Tree and clear OF such mort
cages or other membranes, and the
rights of the lienors shall be protect
ed in the distribution OF the proceeds
of the sale OF such lands
Ses. 2.-And be it further enacted,
That this Act shall take effect from
the date of its passage.
Approved April s, 1904.