138 GIBSON'S CASE.

nexion with the whole answer, I deem it substantially sufficient;
because if any of the allegations of the answer are false, the
defendant will be as clearly liable to a prosecution for perjury as if
the affidavit had been couched in the most positive terms.(d)

Whereupon it is ordered, that the injunction heretofore granted
in this case, be and the same is hereby dissolved.

GIBSON'S CASE.

The Court of Chancery has the power in all cases, where it may be necessary, to
appoint and employ a person as its trustee or agent to make sale of property for
the purpose of executing a decree or order. It may appoint a woman or any com-
petent person on the recommendation of the parties interested; or if they are
silent, the plaintiff's solicitor is usually appointed. But the court will not appoint
any one of its own officers, or any other officer to be trustee, the discharge of
whose official duties may be incompatible with a proper attention to his duties as
trustee; nor will the court employ, as its trustee, an infant, feme covert, or non
resident. For negligence or improper conduct a trustee may be removed. In
general, the trustee is to be regulated by the directions of the order or decree; but
in making a sale, he may deviate from the mode prescribed by the decree, after
the property has been put into the market, by advertising it for sale as directed.
Commissions, or poundage fees to trustees, are allowed by law and regulated by
rule of court. The commission is given as a compensation for the performance
of all the duties specified in the decree, and the subsequent orders in relation to
the sale, and its proceeds. The trustee may employ an auctioneer. The allow-
ance of commissions to a trustee may be refused, diminished, or enlarged, accord-
ing to the nature and circumstances of the case.

This matter arose on a bill filed, on the 7th of November, 1821,
by the Farmers Bank of Maryland, against John J. Gibson and
others, the representatives and trustees of the late John Gibson, for
the sale of a real estate, which he had mortgaged to the bank to
secure the payment of $5325 20, with interest; upon which a
decree was passed, on the 12th of February, 1822, appointing
Addison Ridout to make the sale; who reported, that he had made
a sale of it, for one-third cash, and the residue in three annual
payments, which sale was, on the 3d of November, 1825, finally
ratified, allowing the trustee for commission and all, expenses,
$309 50. The auditor thereupon stated an account, distributing
the proceeds of sale, in which the amount allowed to the trustee
was appropriated to him, which account as reported by the auditor
was ratified on the fifth day of the same month. Some time after

(d) t Chitt. Crim. Law, 392; Beams' PI. Eq. 27; Drew v. Drew, 2 Ves. & B. 159