GIBSON'S CASE.

the revolution, the judicial and ministerial officers of the govern-
ment, here as well as in England, were allowed to take fees;(m)
but the Constitution has declared, that no chancellor or judge shall
receive fees or perquisites of any kind.(n)

The fees of all regularly constituted ministerial officers have
been regulated by law ;(o) and it is declared, " that the Chancellor
shall have full power and authority to allow any guardians, trus-
tees, agents, or factors, who shall make disposition or sale of
either real, personal, or mixed property, for the purpose of paying
the debts of deceased persons or others, under and in virtue of
any order or decree of the Chancery Court, a commission from
one per cent, to seven and a half per cent, for their trouble in sell-
ing and disposing thereof, and paying the same away in pursuance
of such order or decree as the Chancellor shall, on consideration
of all circumstances, think just and right."(p) By a rule of this
court of the I4th of June, 1797, it was declared, that " the standing
order of this court relative to the commission of trustees for the
sale of real estates having been lost or mislaid, ordered, that in
future the following allpwances shall be made:—On the first hun-
dred pounds seven per cent., on the second hundred pounds six
per cent.," and so on, as in the existing rule, to the tenth hun-
dred pounds, and then it is further declared, that " all above
£1000 at the rate of two per cent. This allowance is to be clear
of all necessary, except personal expenses; and is intended for
cases where the sale is for ready money or to satisfy one debt
ofily. Where the sale is on credit, or to satisfy more than one
creditor, the Chancellor will make a further allowance from a half
to one and a half per cent., on the whole amount of sales, accord-
ing to the circumstances of the case."

From which it may be inferred, that the Jost standing order, of
which this is a renewal, had been made in conformity to the act of
assembly, and soon after it was passed. It appears, however, that
although fees, which have.been settled by the ancient course of the
court, cannot be altered, but by an act of the legislature,(q) yet
this standing order, for regulating the commissions of trustees, has
been frequently departed from; for, there are many cases in which
a commission, not thus graduated, and varying from two and a

(m) 1763 ch. 18, s. 87, &c.—(n) Dec, Rig. art. 30.—(o) November 1779, ch. 25;
1826, ch. 247-(q) April 1787, ch. 30, s. 5; 1816, ch. 154, s. 2 & 4.—(q)
Jephson, Prec. Chan. 551.

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