of fees or Commission. The omission to report the appointment is all the more significant because at that time the Governor (par. 16 of 544/91) recommended, and the S. of State "with some hesitation sanctioned" (par. 6 of desp. no. 574) an increase of pay to M. Bruce Shepherd.
Nothing being said at the time about remuneration, indeed, in the absence of fees formerly drawn by his brother officers the Deputy Registrars [with whom he was to be on an equal footing], it was actually adduced as a reason for increasing his salary that he would not be receiving these personal fees.
It was settled by Fremat 21144/82 that all these personal fees at the Supreme Court should be abolished. Lord Ripon's predecessor appears not to have had his attention drawn to the former Ordinance of 1891 providing for the Official Receiver to receive a fee. Ord. 20 of 1891 superseded the Ordinance of 1865 to 1850.
Every occasion of an appointment of a trustee other than himself, & a Commission not exceeding 5 percent when he is himself appointed Trustee; observe that no appointment was made.
Quotation from Table of Fees in Blue Book for 1891.
This is not a question of the Law, but of the bargain between the Crown and its Servant. The Official Receiver, under the Ordinance, appears to have been appointed and reported to the S. of State for approval, but it appears from the Gazette that M. Bruce Shepherd was appointed "provisionally" in Jan. 1892.
As regards W. Shepherd's pay having been increased on the supposition that he received no other remuneration beyond his salary; & say that in future, pending a probable amendment of the Ordinance, the fees or Commission which he receives must be paid into the Treasury (although he need not be required to refund the amounts hitherto received by him).
This was previously done by the Official Assignee, to whom 5 per cent on all monies received was payable by Order of this Court under S. 7 of Ord. 5 of 1864, but who, under the terms of his appointment, was not allowed to retain this commission (or other similar fees received by him as Official Administrator, or as Official Appraiser, & trustee).
Further observe that under the old Bankruptcy Ordinance, the Registrar was ex officio Official Manager of the Court (S.6).