658 TIIE CHANCELLOR'S CASE.

clearly and distinctly, claim, recognise, and reserve to the Gene-
ral Assembly a complete discretionary power over the appropriation^
the mode of making provision for payment.

By the act of 1792, ch. 76, it is declared, that the chancellor's
salary shall be paid to him " during the continuance of his com-
mission." And, by the third section of the same act, it is declared,
that to " secure the punctual payment of said salary," certain taxes
on proceedings in chancery and in the land office should be levied
and collected; and, if they should not bring into the treasury a
sufficiency, " the deficiency should be made up out of any moneys
in the treasury arising, or to arise from the sale of vacant lands."
And then, by the fifth section, it is declared, that " the said taxes
shall be collected and paid for five years after the end of the pre-
sent session of Assembly, and no longer" This, then, is a clear
instance of the express constitutional continuance of the salary,
and the actual limitation of the fund, out of which it was to be
paid; of a salary given during the continuance of the commission,
and of a temporary appropriation for its payment.(v)

(») This distinction between the duration of a judge's salary and an appropriation
for its payment, is also strikingly exemplified by the last act of parliament passed in
the year 1760, (1 Geo. 3, c. 23,) in relation to the commissions and salaries of the
English judges; by which, after reciting, that the king had declared, that he looked
upon the independency and uprightness of judges as essential to the impartial admin-
istration of justice, as one of the best securities to the rights and liberties of his sub-
jects, and as most conducive to the honour of his crown; it was enacted, that the
commissions of judges should continue in full force during their good behaviour not-
withstanding the demise of the king; provided that it should be lawful for the king
to remove any judge upon the address of both houses of parliament: And that such
salaries as were settled upon judges by act of parliament, and also such as should be
granted to them by the king should be paid to them so long as their commissions
should remain in force. And then it was further enacted, "That such salaries of
judges as are now or shall become payable out of the annual rent or sum granted for
the support of bis majesty's household, and of the honour and dignity of the crown,
shall, from time to time, after the demise of his majesty, or any of his heirs and suc-
cessors, be charged upon and paid and payable out of, such of the duties or revenues
granted for the uses of the civil government of his majesty, his heirs and successors,
as shall be subsisting after every such demise respectively, until some further or
other provision be made by parliament for the expenses of civil government; and
from and immediately after the making of such provision, and during the continu-
ance thereof, such salaries shall be paid and payable out of all or any of the moneys
which shall be applicable to such uses and expenses as aforesaid."

Lord Coke, in speaking of the court of exchequer, informs us, that " the chief
baron is created by letters patent, and the office is granted to him quamdiu se bene
gesserit, wherein he hath a more fixed estate (it being an estate for life,) than the
justices of either bench, who have their offices but at will: and quamdiu se bene
gemerit must be intended in matters concerning his office, and is no more than the