An act for the relief of the Widow and Children of John Cummins, deceased, late of the State of Delaware.

WHEREAS, Susan W Cummins, the widow of John Cummins, late of Smyrna, in Kent County, State of Delaware, deceased, Susan II. Cummins, George W. Cummins, John 11. Cummins, Alphonsa Black, William Cummins, Mary Cummins, Daniel Cummins, James D. Cummins, Ami W. Cummins, Martha Cummins, Robert W. Cummins, and Alexander G. Cummins, children of the said John Cummins, deceased, and John G. Black, who intermarried with, and is the husband of the said Alphonsa, by their petition to this General Assembly, represent, that the said John Cummins diet! in the monili of July, in the year of our Lord, one thousand eight hundred and thirty three, intestate, being in his life time, and at the time of his death, seized in his demesne as of fee, of divers lands, tenements and heradilaments, situated partly in Queen Anne's county, in the State of Maryland, and partly in Kent county, State of Delaware, aforesaid—that under the law of descents, in this State and the State of Delaware, the said lands, tenaments and hereditaments have descended to, and upon the said twelve children of said deceased, as equal coparceners, subject to the right of dower therein, of the said Susan W. Cummins, widow of said deceased; that seven of the said children are infanta, under twenty one years of age,and several of them of very tender years: And it being further represented by said petitioners, that if all the said lands and premises can be brought into one assignment of dower and partition, as if the same were situated wholly in this State or in the slate of Delaware, the two third parts thereof would be capable of being divided among the said children of said deceased, into twelve equal parts, regarding quality as weli as quantity, each of which would constitute a competent beginning in life, to such of the said children as are grown, and a competent support to those of them who are infants; but that if dower should be assigned to said widow, in both States, and the residue remaining in each after such assignment, be divided into twelve equal parts among the said children, the portions of the said children respectively, would be greatly diminished in value, especially to such of them as contemplate settling upon and occupying the same, from the fact that the share of each child must necessarily consist of several and distant allottments, and in different States—and it appealing to this General Assembly, that the existing laws of this State and the State of Delaware, respectively, furnish lo the petitioners no authority for assigning the said dower, and making partition of the said residue among the said twelve children, in any other way than by assigning the dower and dividing the residue into the whole number of parts in each of the said States, that from the tender age of some of the said children, it will be many years before they will be capable of joining in any arrangement for partition by deed, and that the interests and estates of said children respectively, would be greatly prejudiced and spoiled by being so cut up and subdivided; and the petitioners having in and by their said petition, represented that they have preferred a like petition to the Legislature of Delaware, and having prayed this General Assembly, to provide (by and with the concurrence of the Legislature of Delaware,) by a special law, for making the whole of the said lands, tenements and hereditaments, the subject of a single assignment of dower, and partition of the residue, in such manner that each of the said children of said deceased may have his or her share or portion of said lands, tenanments, and herediaments, laid off in one parcel or contiguous parcels as judicious commissioners, to be appointed in this behalf shall deem right, doing equal justice to all the parcels concerned; and this General Assembly considering it reasonable and proper, in behalf of orphan children, to grant the prayer of said petition -- Therefore:

Section 1: Be it enacted by the General Assembly of Maryland, that Jesse Knock, Edward Coppage, Noah Merchant, George N Newman, and Samuel Vickers, of Queen Anne's county, in this State, with wuch other persons, not exceeding five in number, as the Legislature of the State of Delaware shall appoint for that purpose, are hereby appointed commissioners, and authorised, empowered and required to go to the said lands, tenaments and hereditaments, of which the said John Cummins, deceased, died seized as aforesaid, as well those situated in the State of Delaware as those situated in this State, and with the assistance of a skillful surveyor, by them to be nominated and appointed, lay off and allot into the said Susan W. Cummins, widow as aforesaid, one equal third part of the said lands, tenaments, and hereditaments, regard being had to their quality as well as quanitity, to have and to hold to the said Susan W. Cummins, and for her use for and during the term of her natural life, and no longer, as her dower therein; and the said commissioners are hereby further authorised, empowered and required, to make partition of the remaining two thirds of said lands, tenaments and hereditaments, into twelve equal parts, regarding quality as well as quantity, and to allot and assign one of those twelve equal parts to the said Susan H. Cummins, to be held by, and to and for the use of the said Susan H. Cummins, her heirs and assigns, in severally forever; one other of those twelve equal parts to the said George W. Cummins, to be held by, and to and for the use of the said George W. Cummins, his heirs and assigns in severalty forever; one other of those twelve equal parts to the said John H. Cummins, to be held by, and to and for the use of the said John H. Cummins, his heirs and assigns in severalty forever; one other of those twelve equal parts to the said John G. Black and Alphonsa his wife, in right of the said Alphonsa, to be held by the said John G. Black and Alphonsa his wife in severally, to and for the use of the said John G. Black for and during his natural life, as tenant by the curtesy, and from and after his death, to and for the use of the said Alphonsa Black, her heirs and assigns forever; one other of lose twelve equal parts to the said William Cummings, to be held by, and to and for the use of the said William Cummins, his heirs and assigns in severalty forever; one other of those twelve equal parts to the said Mary Cummins, to be held by, and to and for the use of the said Mary Cummins, her heirs and assigns in severally forever; one other of those twelve equal parts to the said Daniel Cummins, to be held by, and to and for the use of the said Daniel Cummins, his heirs and assigns in severalty forever; one other of those twelve equal parts to the said James D Cummins, to be held by, and to and for the use of the said James D. Cummins, his heirs and assigns in severalty forever; one other of those twelve equal parts to the said Ann W. Cummins, to be held by, and to and for the use of the said Ann W. Cummins, her heirs and assigns in severalty forever; one other of those twelve equal parts to the said Martha Cummins, to beheld by, and to and for the use of the said Martha Cummins, her heirs and assigns in severalty forever; one other of those twelve equal parts to the said Robert W Cummins, to be held by, and to and for the use of the said Robert W. Cummins, his heirs and assigns in severally forever; and the other or remaining one of those twelve equal parts to the said Alexander G. Cummins, to be held by, and to and for the use of the said Alexander G. Cummins, his heirs and assigns in severalty forever, and the said commissioners or a majority of them shall return to Queen Anne's County Court, State of Maryland aforesaid, at the regular term Return proceedings and plot thereof, next alter they shall have completed the said assign ment of dower and partition, their proceedings therein, with a survey and plot of all the said lands, tenaments and hereditiments, showing thereupon distinctly, the part thereof assigned to the said widow, and the parts thereof allotted to the said children of the said John Cummins, deceased, respectively, to be recorded and kept in the said clerk's office of said court, among the records thereof, and shall make a like return in the said State of Delaware, at such place as the Legislature of that State shall direct and provide, said returns shall be signed by the said commissioners or a majority of them agreeing thereto.

Sec. 2. And be it enacted, That the said commissioners and the surveyor nominated by them, before entering upon the said lands, tenaments and heraditaments, shall be severally sworn or affirmed, that is to say, the commissioners to perform the duties enjoined on them by this act, and the surveyor to perform the service to which be is called by the commissioners, faithfully and impartially according to their best skill and judgment, respectively. The oath or affirmation may be administered by any Justice of the Peace residing in Queen Anne's county aforesaid, or in Kent county aforesaid. The chain carrier shall be sworn or affirmed by the surveyor to perform the duties required of them, faith Administered fully and honestly, and shall receive for their services fifty cents a day and their expenses each, the commissioners shall each be entitled to receive, as a compensation for their services, two dollars and their expenses for every day they are employed in and about the said assignment of dower and partition; and the surveyor two dollars and his expenses for each and every day he shall be employed in making surveys under the direction of the commissioners; and such further sum for making the plots to be recorded in the clerk's office aforesaid, and for all other services to which he may be called in this State, as the judges of Queen Anne's County Court aforesaid shall determine to be right and proper; and for all services to which he may be called in the State of Delaware, such compensation, over and above the said per diem allowances whilst survey ing, as the Legislature of that State shall make provisions for. The clerk of the said county court shall receive such compensation for the services he shall render in the premises, as is Compensation for customary for like or analagous services under the intestate laws of this state — all costs and expenses properly incurred in procuring effecting and completing the said assignment of dower and partition under this act, and such concurrent and as the Legislature of the State of Delaware shall pass, except those hereinbefore fixed and specified, and except, also those in relation to which the Legislature of Delaware shall make other provision, shall be ascertained, taxed, and allowed by the Orphans' Court of Kent county, State of Delaware; and the said court is hereby authorised and required to make such allowances for all services fairly rendered, and all expenses fairly incurred in and about the said business, as the said court shall deem just, keeping in view the present rate of allowances for like or similar services under the intestate laws of said State of Delaware; all the costs and expenses of procuring, effecting and completing the said assignment of dower and partition, according to the true intent and meaning of this act, and such concurrent act as the Legislature of Delaware may pass, shall be paid by the said parties concerned, in the following proportions: that is to say, the said Susan W. Cummins, widow of the said deceased, shall pay one equal third part of the costs and expenses, and the said twelve children of the said deceased, shall pay one equal twelfth part of the other two third parts thereof.

Sec. 3. And be it enacted, That in laying and assigning to the said Susan W. Cummins, her dower or thuds as aforesaid, the commissioners shall have respect to the true annual rental value of said lands, tenements and hereditaments, clear of reprizes; and in making partition of the remaining two thirds as aforesaid, they shall have respect to the true fee simple value thereof; the acts of a majority of Majority may act the commissioners shall be as valid as the acts of the whole of them; and if a majority of them concur in the returns to be made as aforesaid, it shall be sufficient; but the commissioners agreeing shall sign the returns, and shall have been to, and seen all the said lands, tenements and hereditaments. The object of this act shall not fail by reason of death, refusal, neglect or inability to serve for one or more of the commissioners; provided a majority of the whole number appointed, (having acted together, ) shall agree the said assignment of dower or partition to be made by authority of this act, (the Legislature of Delaware concurring, ) shall be as valid, effectual and conclusive upon all the parties concerned, as if the said lands, tenaments and hereditaments, were situated wholly in Queen Anne's county aforesaid, and the said assignment and partition had been made in pursuance and by authority of the existing intestate laws of this Proviso State, and shall remain firm and stable, any law usage or custom to the contrary thereof notwithstanding: Provided nevertheless, and it is hereby expressly declared and enacted, that this act shall not take effect, or be of any force or authority until the Legislature of the State of Delaware shall have passed an act concurring and agreeing herein, and authorising on the part of that state, the said assignment of dower and partition, according to the true intent and meaning of this act.