TOWNSHEND v. DUNCAN.—2 BLAND. 55

Courts could not well be in session at the same time, the same
room, in the State House, was appropriated, by the Legislature,
to the use of both Courts, 1097, ch. 6, s. 3, which general ar-
rangement, as to the apartment in the public buildings appro-
priated to their use, after they were brought to Annapolis, was
continued, and has by usage been kept up ever since; Reso-
lution. 1836, No. 60; although, by the Constitution * of
the State, the two tribunals have been organized as to- 59
tally distinct Courts. While the Court of Chancery, under the
Provincial Government was constituted of a plurality of Judges,
it transacted business only from term to term, and was not always
open, as it now is. Chancellor's Case, 1 Bland, 624. About, or
soon after the year 1714, the constitution of the Court seems to
have undergone some changes, of which there is no clear or satis-
factory explanation to be found among its own records, or in the
legislative enactments of the times. But some short time after
the year 1719, it seems to have been finally settled, that the High
Court of Chancery of Maryland, like that of England, should be
considered as always open. Chancellor'1 s Case, 1 Bland, 624.

It appears, that there were a number of officers called assist-
ants, masters in Chancery, examiners or auditors, appointed to
assist the Court in the discharge of its various functions. And,
for some time, two of those masters were appointed, as in England,
to sit, by turns, in Court with the Chancellor as his assistants,
during each term. (g) But, as it is said, in a case brought before
the Court, when the Chancellor was sitting with two of those assist-
ants, that he had then no lawyers to aid him with their advice; it
would seem, that those assistants, or masters in Chancery, were
mere clerks: or persons unlearned in the law, as a profession, and

took his place as secretary, next the Chancellor. Upon the 15th day, Ed-
ward Fitzherbert, Esq. was sworn one of the Justices of the Provincial
Court, and Chancery likewise, and took his place accordingly."—Chancery
Proceedings, lib, C. D. 26.

(g) "19th January, 1715.—Then his Excellency the Governor proceeded to
settle and appoint the times for the sitting of the Chancery Court, as follows,
viz: March the 10th, when Col. Coursey and Esquire Hall are appointed to
sit as assistants. May the 18th when Col. Lloyd and Col. Greenfield are ap-
pointed assistants. September the 1st, Col. Tilghman and Esquire Dorsey
appointed assistants. December the 1st, Col. Young and Col, Addison as-
sistants. And ordered that the said gentlemen have a month's notice given
them before it be their turn to sit at the several Courts as above appointed."
Chancery Proceedings, lib. P. L. fol. 85.

GRIFFITH v. VERNON, 1716.—In this cause the report of the auditor is ap-
proved of, and Decreed, that the defendant account and pay to the com-
plainants their just proportions of the sum fouad in arrear, with costs; and
as to the mesne profits, he is referred to his proper remedy; and that the
amendment in the former decree be to those of whom it of right belongs by
the deceased Lewie Evans' will.—Chancery Proceedings, lib. P. L. fol. 391.