Notice; how to be parties re side out of the state. Forty days notice to residents and nonresidents, wise the court shall order and direct notice of such demand of such partition to be given, either by publication in one or more newspapers printgiven when ed in this state, where the parties concerned reside out of this state, or by personal notice to be served at least forty days before the ensuing term, if the party or parties concerned reside within this state: Provided always, That where the person or persons, of whom partition is demanded, reside out of this state and have an agent or attorney residing within this state, such personal notice of such demand of partition shall be given to such agent or attorney, as is required in the case of resident proprietors. agents, etc., sufficient. When due notice hath duty of the court. Sec. 3. And be it further enacted, That if at been given, the first or any succeeding term (in case a continuance hath been granted) after the filing of such petition, it shall appear to the court, that due notice hath been given, and if no sufficient reason shall appear why partition should not be made, the court shall proceed to order such partition, and shall issue their writ, directed to the sheriff of the county in which the estate or estates shall or may be, or to the sheriff of either of the counties in which the estate or estates shall or may be, in case such estate or estates is or are in more than one county, com er to 21 e manding him, that by the oaths of three judi- To appoint Sec. 4. And be it further enacted, That if at Parties agreeing to make parti petition, tion after a etc., to pay costs. When the estate cannot be divided, etc., to return the ap praised value. costs which have accrued on such petition, and shall consent to a partition of such estate or estates, then partition shall be made of such estate or estates, by such person or persons, as said joint tenants, coparceners or tenants in common shall agree upon, and in case they do not agree upon any person or persons to make such partition before the end of the term, then a writ shall issue to the sheriff as is herein before provided. Sec. 5. And be it further enacted, That when any writ of partition shall issue as aforesaid, if the inquest who are directed to make such partition shall be of opinion, that the estate or estates cannot be divided according to the demand of the writ, without prejudice to or spoiling the whole, the said inquest shall then make and return to the court a just valuation, and appraisement of such estate or estates, whereupon, if the said court shall approve of the said return, Duty of the and if any one or more of the parties shall elect to take the said estate or estates at the apelect to take praised value, the same shall be adjudged to him or them, he or they paying, or securing to be paid to the other parties, their proportions of the appraised value, according to their respective rights; and the sheriff shall, according to the said order of court, make and execute con court when one of the parties shall the estate, etc. Sheriff to execute convey. ances. Parties not agreeing, court to order lands, etc., to be sold. given. veyances to the party or parties electing to take Sheriff to deeds to etc., on re execute purchasers, ceiving money or security. Courts to make distribution. When per. sous appointed or agreed on to tion, their duty. before or at the time of the said sheriff's acknowledging the deed in open court, to be distributed and paid by order of the said court, to and amongst the several parties entitled to receive the same, in lieu of their respective parts and proportions of the said lands and tenements, according to their just rights and proportions. Sec. 6. And be it further enacted, That where any writ of partition shall issue, or where the make parti parties interested shall agree on some person or persons to make partition, it shall be the duty of the inquest or persons so agreed on, to make a true and accurate plan or map and field book of such lands as may be so divided, and to describe particularly, the metes and bounds of all tenements so divided and aparted, which plan or map, field book and description, the persons or inquest shall sign and send, under seal, to the next court having cognizance of the same, and after division and return thereof shall be made to the court, it shall be examined by the court, and if found justly and accurately made, the clerk shall record such return, which record shall be deemed as valid and effectual in law for the partition of such lands, tenements or hereditaments, and thereupon the party or parties |