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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 56   View pdf image (33K)
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56 TOWNSHEND v. DUNCAN.—2 BLAND.

whose knowledge extended to nothing more than to matters of
practice, connected with the ministerial affairs of the Court, (h)
In *one of the record books of Chancery proceedings, it is
60 set forth, that, at a Court of Chancery held at the City of
Annapolis, on the 18th day of July, 1721, there was present: " His
Honor, WILLIAM HOLLAND, Esq., Chancellor, who ordered the
docket of causes to be called over, which was accordingly done;"
taking no notice in that, or in any subsequent record, of there being
present at that, or any other term thereafter, any other Judge or
assistant sitting with the Chancellor. Chancery Proceedings, lib.
P. L. fol. 650-600-720. From which it appears, that the Court,
about that time, ceased to be constituted of a plurality of Judges;
that masters or assistants, as in England, never thereafter sat in
Court with the Chancellor; and that, from that time, the High
Court of Chancery of Maryland has always been, as it is at present,
constituted of the Chancellor alone, as its sole Judge.

In England, a master in Chancery, and an examiner, are distinct
officers; but it appears, that here, the powers and duties of the
two offices were, by a commission from the Chancellor, conferred
upon the same person, who was expressly invested with all powers
and authorities, practised or exercised by any such officer of the
Court of Chancery of England, (i) Exceptions to the sufficiency

(h) BIRCHFTELD v. MILLER.—JOHN HART, C., September 8, 1717.—William
Holland and Samuel Young, assistants. The Governor and keeper of the
great seal declares, that being doubtful of his own judgment in determining
the point of law now in debate between the complainant and defendant, and
having no lawyers to aid him with their advice, but what are already con-
cerned in this cause, he humbly desires the opinion of some of his Majesty's
Judges in the Courts of Westminster, or any two persons learned in the laws
of Great Britain; and that the aforesaid opinion be procured and returned
in some convenient time.— Chancery Proceedings, lib. P. L. fol. 387-394.
Answers were accordingly obtained from the Attorney-General of England.
Ibid, fol. 418.

(i) "Maryland, ss. SAMUEL OGLE, Esquire. Chancellor of the Province of
Maryland,

To Benjamin Young, of the City of Annapolis, gentleman, Greeting:

"Having special trust and confidence in your fidelity, integrity, know-
ledge and circumspection. I do hereby nominate, constitute and appoint you,
the said Benjamin Young, to be examiner and master in the High Court of
Chancery, to take the examinations and depositions of witnesses, as to the
facts in issue in all causes depending, or hereafter to be commenced in the
said Court; and also to take all accounts decreed; to report all matters of
fact referred to you; and to take all affidavits, and probats of answers in
the same Court.—Hereby giving and granting unto you, full power and
authority to act, do, perform and execute all and singular the powers and
authorities as are practised or exercised by any such officer of the Court of
Chancery of England, so far, as in the judgment of the Chancellor, for the
time being, the circumstances of the Court of Chancery of this Province
will admit; and to ask, demand and receive all such fees, perquisites and

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 56   View pdf image (33K)
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