him  to  survey  and  divide  said  lands  into  lots  according
to  his  judgment  and  to  sell  the  same  with  the  approval
of  the  adult  petitioners,  and  make  title  to  the  purchaser
in  conjunction  with  those  of  full  age.  It  was  also  di-
rected that  he  hold  the  proceeds  as  a  trust  fund  to  be  rein-
vested as  fast  as  is  expedient  for  the  purposes  intended  by
the  will.  The  Act  requires  that  Miller  report  his  sale  to
the  clerk,  and  the  only  thing  the  clerk  is  required  to  do  is
to  demand  a  bond  from  the  commissioner  to  secure  the
purchase  money.  The  sales  made  by  Miller  are  not  re-
quired to  be  approved  by  the  clerk,  the  court  or  the
Legislature.     He  proceeds  on  his  own  judgment.
The  real  question  presented  in  the  case  is  this:  Is
the  Act  constitutional?  Article  I.  Section  8  is  in  these
words:  "  The  legislative,  executive  and  supreme  judicial
powers  of  the  government  ought  to  be  forever  separate
and  distinct  from  each  other."  In  petitions  for  a  judi-
cial sale  of  lands  the  court  hears  the  allegations  and  re-
quires proof,  and  passes  upon  the  sufficiency  of  the
proof  and  determines  upon  such  proof  and  the  surround-
ing circumstances  the  propriety  of  ordering  the  sale.
