Volume 51, Preface 52 View pdf image (33K) |
lii The First Century of the Court of Chancery. “a couple of instrumts, a subpoena and an injunction in Chancery “, which contained “blanks” and were otherwise imperfect. The offense seems to have been allowed to pass (Arch. Md. xx, 139, 233, 361). Again eighteen months later Freeman was in more serious trouble in regard to the issuance of a writ of error for the benefit of a certain William Sharpe. Nicholson and the Council requested the Solicitor General and His Majesty's Counsel at Law to inquire whether Freeman had not committed perjury in making certain false statements in regard to the actual date of issuance and the date when it passed the Seal. It would appear from the records that there had probably been a misunderstanding as to these dates. At all events, the charge does not seem to have been pushed (Arch. Md. xxiii, 108, 111-116). When J owles asked that a member of the Council be appointed to sit in “ this Court in his stead “, the Attorney-General and Solicitor General, February 28, 1695/6, recommended to the Council that an entirely new commission in Chancery “for this term” be issued out of the Secretary's office headed by Colonel Nicholas Greenberry with Cheseldyn and Dorsey, the two former associate commissioners in Chancery, as his associates, because there was “pretty much business now pending in this court” (Arch. Md., xx, 362, 364- 365). From the records of the Chancery Court itself we learn that the com- mission dated, March 2, recites that Jowles was suffering from “gout and other indispositions “, and that Colonel Nicholson Greenberry was on this account appointed Keeper of the Broad Seal “pro hâc vice “, instead of Colonel Henry Jowles. When the Court met again May 21, Jowles had resumed his place (Chanc. Proc. Liber P. C. 320-328). That the Chancellor was reinstated in the good graces of the council is shown by the entry of May 16, 1696, in its pro- ceedings: “Came the honoble Majr Edward Dorsey one of Commissionrs in Chancery & delivered at the Board the Broad Seal of the province, which was by OrdT surrender'd up to the honoble Coll Henry Jowles Chancelour for his keeping, during his Residence in Town” (Arch. Md. xx, 426). At the Sep- tember and December 1696 sessions Jowles was again excused from attending at the Council because of his “ great lameness “. On December 9, 1696, the Council appointed Colonel John Addison, then the only one of the” Councill as yet to come to Town to Act (pro hâc vice) in Coil. Jowles stead “, and on the twelth Addison was sworn in as a commissioner in Chancery and Keeper of the Broad Seal of the Province, and the seal delivered to him (Chanc. Proc. Liber P. C. 338; Arch. Md., xx, 553). At the same meeting the advice of the justices of the Provincial Court and the lawyers then in town was asked as to whether the Chancery Court and the Court of Appeals should sit on the same days as the Provincial Court, or at the end of the session of the latter court, and it was unanimously decided to sit at the end, “one court being Enough for the Lawyers to attend at one time “. The next meeting of the Court of Chancery was ordered to be held in Annapolis in February and May, this marking the transfer of the capital from St. Mary's City to Annapolis (Arch. Md., xx, 560-561, 572). More frequent meetings of the Court of Chancery were demanded by the public, and the Council, December 16, 1696, ordered: “Upon Representation |
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Volume 51, Preface 52 View pdf image (33K) |
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