146 GIBBON'S CASE.

half to seven and a half per cent, on the whole amount has been
allowed.(r)

But this act of assembly authorizing the allowance of a commis-
sion, as well as this rule by which that commission was graduated
into the form of poundage fees, allowed to a sheriff for the sale
of property taken in execution, it is evident, were both confined to
sales made "for the purpose of paying the debts of deceased
persons, or others;" and consequently, although they applied as
well to sales of mortgaged property as to sales in creditors' suits,
and the like; yet they did not extend to any case of a sale made
of real, or personal property, because of its indivisible nature, for
the purpose of dividing the proceeds among those by whom it was
held jointly or in common; nor do they apply to the case of a sale
made, pending a suit, of the property in litigation, because of its
perishable nature, for the purpose of preserving its value to him to
whom it may be determined to belong, by the final decree. Yet in
these, as well as in all other cases, whether embraced by the act
of assembly or not, the trustee has been allowed a commission, or
compensated for his-trouble in one form or other. But by the exist-
ing standing order passed at March term, 1817, it is declared, that
" on sales under decrees or orders of the court, the following
allowances to be made to trustees, &e. On the first three hundred
dollars, seven per cent.; on the second, six per cent.; on the third,
five; on the fourth, four; on the fifth, three and a half; on the
sixth, three and a half; on the seventh and eighth, three; and
on the ninth and tenth hundred dollars, two and a half per cent.
And three per cent, on all above three thousand dollars; besides
an allowance for expenses not personal. The above allowance
subject to be increased in cases of postponement, at the request
of the defendants, or of extraordinary difficulty or trouble from
other circumstances; and to be lessened in case of negligence,
&c. at the discretion of the Chancellor." This ride is expressed
in the most comprehensive terms, and embraces all sales made
by a trustee, under the authority of the court, for any purpose
whatever.

The commission allowed to a trustee is given to him as a com-
pensation for his trouble and risk in making the sale, bringing the

(r) Dulany v. Brice, MS., 27th December, 1794; Dowig v. Marvel, MS., 16th
October, 1789; Anderson v. Anderson, MS., 17th April, 1789; Dorsey v. Cooke,
MS., 16th October, 1789; Taylor v. Casanave, MS., 11th March, 1819; Mildred v
Neil, MS., 26th February, 1788.