Volume 51, Preface 53 View pdf image (33K) |
The First Century of the Court of Chancery. liii and the Complaint of diverse persons Recd Ordered that the Court of Chancery do for the future sit every two months, that speedy Justice may be done and the Causes there brought not so Delay'd and prolong'd” (Arch. Md. xx, 583). The Council proceedings show the result of an interesting consultation that Governor Nicholson held on October 9, 1695, with a group of lawyers in regard to the appellate jurisdiction of a Court of Delegates which it was proposed to call to hear an appeal from an order of the Commissary General or Chief Judge of Probate. The general question of recording the opinion of any dissenting judge in the several courts came up for consideration and resulted in an order by the Governor and Council, acting upon the unanimous advice of the lawyers connected with the courts, that “ if in case any Judge Enters his Dissent to the Judgmt of the rest of the Judges sitting in Judgmt with him, whether such Judge dissenting shall not thereupon give or shew some Reason for such his Dissent, & whether the same should be Entred in the Record or not, who are Unanimously of Opinion that any Judge may Enter his Dissent without shew- ing any Reason, and that such Dissent ought to be Enter'd in the Clerks Minute Book fair writ out, but not in the Record, And thereupon Ordered that the same Rule be observed in all & singular the Courts of Justice within this Province “. The clerks of the several courts were ordered hereafter to keep such minutes. The opinions of the Maryland lawyers participating in this conference in regard to the functions of a Court of Delegates are recorded in full and include the names of” Mr Attorney & Solicitor Genll" “, Kenelm Cheseldyn, Charles Carroll, Philip Clarke, Robert Goldsborough, Robert Carvile, and Samuel Watkins (Arch. Md., xx, 311-319). At this date George Plater was Attorney-General and William Dent Solicitor General (Arch. Md., xx, i8i, 237, 287, 380, 385). Their opinions are also filed, but not under their official titles. It is to be noted that the proceedings of a Court of Delegates held in 1678 are to be found among the records of the Court of Chancery in this volume (see pp. 508-520). The list of associate justices of the Provincial Court sitting at the session of December 14, 1696, shows no names that occur on the Court of Chancery at this time (Arch. Md., xx, 575). We have already seen that the members of the Court of Chancery are spoken of variously as judges, justices and com- missioners. From 1701 to 1719 the term assistant is frequently used for associate justices. It is to be noted that Kenelm Cheseldyn, a member of the court, also refers to himself in a deposition made, December 12, 1696, as having been for some time “one of the Masters in Chancery “, showing that the term master was at one time synonymous with associate justice (Arch. Md., xx, 576). The Council records from 1696/7 to September 1698, are missing, but at the Council meeting of January 2, 1698/9, oaths were administered to Nathaniel Blakiston, the new Governor, and to various other officials, including “Mr. Samuel Young, one of the masters in Chancery” (Arch. Md., xxv, 52). At the three next meetings of the Court of Chancery, Young appears as one of the two associate justices, showing that the title master was here used in a different sense than it was later employed, for a few years after the Chancery became a one-man court in 1720, we find the term master applied as in England to officers of the Court who acted as examiners or auditors for the Chancellor |
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Volume 51, Preface 53 View pdf image (33K) |
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