case ware all versus cecil all Lord chancellor march Act of parliament for  sale of Lord stawell estate and that the money arise by sale shall be first  apply to pay off the mortgage and afterward for payment of statute judgement  and recognizance with a save to all but the right of the heir of the Lord  Stawell decree that subsequent mortgage shall be pay before precedent statute  a private act of parliament be obtain for the sale of the Lord stawell estate  by which it be enact that the estate shall be vest in trustee to be sell and  that the money arise by sale shall in the first place be apply to pay the  money due to the mortgagee and after payment thereof then to pay the creditor  by statute judgement and recognizance and in the close of the act there be a  general save of the right of all person body politic and corporate Vernon  chancery case other than and except the heir at law and several other of the  Lord stawell family several of the statute and judgement be prior to some of  the mortgage and there be a decree for sale and execution of the trust in the  act of parliament the question now before the court upon a special report be  whether mortgage shall be pay in the first place or whether the creditor by  statute judgement and recognizance shall be let in to receive a satisfaction  accord to their priority or be postpone to the mortgage for the creditor by  statute judgement and recognizance it be insist that as their security bind  the land as well as the mortgage they be both in law and equity to be consider  as have a prior right to the subsequent mortgage and although in the beginning  of the act it be provide that the mortgage shall be pay in the first place yet  there be a general save of the right of all person except the heir at law and  those of the Lord stawell family and that save set the matter at large again  and restore they to their priority Lord chancellor the act express provide  that the mortgage shall be pay in the first place and the general save must  not control the express provision of the act but must be so expound as to  consist with the express preference give to the mortgagee on the subject of  expound private act of parliament vide riddle v white and other Anstr as to  the precedency of encumbrance in general Bristol v Hungerford ante p and case  cite in note p there and he must decree the execution of the trust accord but  seem to admit that by virtue of the general save in the act they may make use  of their encumbrance as they can at law and it be further observe that the act  of parliament have not do they such manifest injury as be suppose in regard  Vernon chancery case at the time of pass the act the heir of the Lord Stawell  be a infant of but four year old and the statute judgement and recognizance  can not reach the estate till the heir come of age neither be the guardian  compellable to apply the profit of the estate of infant heir to pay off the  bonddebt water v ebrall ante p and case cite in not there because in the case  of a infant the parole shall demurrer till he come of age even where to the  prejudice of infant if insist on in the plead Scarth v cotton Forr and further  on this point vide creed v colvile ante vol p and case cite in note p there  but the mortgagee may enter present and therefore to induce they to consent to  a sale there may be some reason for give they the preference it be apprehend  at that time that the estate if present sell will have raise sufficient to  have pay the whole and upon that supposition it be provide that pound per and  shall be allow for the heir maintenance during his minority Vernon chancery  case er p