220 WILLIAMS' CASE.—3 BLAND.

This application, for the sale of the real estate of these infants,
is founded upon the provisions of several public and General Acts
of Assembly, by which, among other things, it is declared, that
where any infants shall be possessed of any real estate, it shall be
lawful for the Chancellor, upon the petition of the guardian or
prochein ami of such infants, after summoning them, and their
appearance by guardian, to be appointed by the Chancellor, to
issue a commission to not less than three discreet and sensible
men, freeholders of the county where such lands may lie, to view
and ascertain, by competent and disinterested evidence, the value
of such lands, taking into consideration the quality, local situa-
tion, improvements, with all the advantages, and also the disad-
vantages and incumbrances attending the same; and to determine
whether it would be to the interest and advantage of the infants,
that such land should be sold; (f) and report the same to the
Court with their reasons therefor. Provided, that such report
shall not be conclusive, but the Court may, in its discretion, ex-
amine witnesses, and have other testimony, and shall decree a
sale only in those cases where, under all circumstances, the Court
shall be satisfied, that a sale would be for the interest and advan-
tage of the infants. And it is further declared, that in case of
the death of the infant, * without issue, the proceeds of sale
204 shall be considered as real estate, and shall descend to those
heirs who would be entitled to the land if it had not been sold.
1816, ch. 154; 1818, ch. 133, s. 2, and ch. 193, s. 7, 12 and 13; 1819,
ch. 183; Tilly v. Tilly, 2 Bland, 436.

There is every reason to believe, that these public and general
Acts of Assembly, which it is proposed by this petition to have
put in execution, were passed in consequence of the numerous
applications ^hich had been previously made to the Legislature
for authority, by special estate Acts, so to dispose of the property
of iniauts, as most judiciously and effectually to maintain and
educate them; and in order to turn over to the Courts of justice a
class of cases which, evidently, belong more properly to the judi-
cial than to the legislative department of the government. But
these laws, like some others of no less utility and importance, lay
open to the most latitudinous construction, and pernicious appli-
cation; and therefore require to be carefully considered, and in
each case very guardedly carried into effect. Waring v. Waring,
2 Bland, 673.

By virtue of the power of eminent domain, which belongs to
ours as to all other governments, private property may be taken
for public use, on a just compensation being made. But it may

(f) The Legislature has since authorized the real estate, chattel real, or
trust interest of an infant to be sold, leased or mortgaged, 1831, ch. 311, s.
2, 3 and 12; 1835. ch. 880, s. 9.