4

226 CAMPBELL'S CASE.

But, if the real estate set apart by the testator for the payment of
his debts be insufficient, or be given in such a manner as to be in-
effectual, then it will be considered as coming within the meaning
of this statute, and be deemed void. Otherwise the creditors must
take that real estate of the deceased debtor which he has devised for
their benefit, and none other, (q)

Here it is alleged and admitted, that the whole of the personalty,
together with the real estate, devised by this testator to be sold for
the payment of his debts, is wholly inadequate for that purpose.
There being, then, an admitted deficiency of the devise for the pay-
ment of debts, it falls within the operation of the statute, and must
be deemed, as against creditors, absolutely null and void. The case
being thus cleared of all embarrassment by reason of that devise, it
follows that the real estate of this deceased debtor must be dealt
with, in all respects, as if he had made no provision whatever for
the payment of his debts, since an inadequate or ineffectual provi-
sion is as if none had been made.

But, in behalf of the infants, their guardian objects, that the be-
fore mentioned private act of assembly has prescribed a mode
whereby the debts of their ancestor are to be satisfied from the estate
devised to them; and, therefore, that these creditors cannot be per-
mitted to obtain satisfaction in any other manner.

This objection seems to have been thrown into the answer of
these infants, rather by way of an appeal to the indulgence of the
court, than with any great degree of confidence in its validity as a
bar to the relief claimed by the bill. But when it is recollected
how many private acts of this description the general assembly have
passed, and how often they have been tempted or urged, by gene-
rous feelings or by considerations of the difficulty and hardships of
the case, by such enactments, apparently to step beyond the limits
assigned to them by the constitution, or to trench upon the confines
of the judiciary, it may be well to investigate this matter somewhat
more attentively than might otherwise be deemed necessary.

This mode of granting relief in particular and anomalous cases
by legislative enactments, is said to have prevailed in England as
far back as the beginning of the fifteenth century, (r) But even
in the earliest times, and always since, when the matter was of such

(g) Hughes v.Doulben, 2 Bro. C. C. 614.; S. C. 2 Cox, 170; Bootle v. Blundell,
19 Ves, §28; Ashby v. Palmer, 1 Meriv. 296; Pow. Mort. by Coven, 69, 325.—
(r) Hallam Mid. Ages, vol. 2, c. 8, pt. 3, page 134.