True, your patch should be used for now, but I'm going to push upstream to fix the kernel. If that one sector is not there, then the partition should not use it. It seems the code was put there to force the size to 2 since LILO wants 2 sectors, but it seems to me that when the space for the second sector is not there, it should not try to use it, and if there are more spare sectors there, they should be usable too, if you wanted to install a boot loader there that uses more than 2 sectors, like grub.
True, your patch should be used for now, but I'm going to push upstream to fix the kernel. If that one sector is not there, then the partition should not use it. It seems the code was put there to force the size to 2 since LILO wants 2 sectors, but it seems to me that when the space for the second sector is not there, it should not try to use it, and if there are more spare sectors there, they should be usable too, if you wanted to install a boot loader there that uses more than 2 sectors, like grub.