60 TOWNSHEND v. DUNCAN.

one of the record books of chancery proceedings, it is 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, (w) From which it appears, that the court, about that
time, ceased to be constituted of a plurality of judges; that mas-
ters or assistants, as in England, never thereafter sat in court with
the Chancellor; and that, from that time, the High Court of Chan-
cery 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, (x) Exceptions to the sufficiency of the

of Westminster, or any two persons learned in the laws of Great Britain; and that
the aforesaid opinion be procured and retured 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.
(w) Chancery Proceedings, lib. P. L. fol. 650-690-720.

(x) '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, knowledge and cir-
cumspection, 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 probate 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 practiced 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 rewards as shall be by the
Lieutenant Governor of the said province, for the time being, thought just and rea-
sonable.—To have and to hold the said office of examiner and master during plea-
sure. Given at the city of Annapolis, this 8th day of October, in the 21st year of
Ms lordship's dominion, &c. Anno Domini 1734.*

11th October, 1734—Sedente Curia— Ordered, that the following oath be taken by
Benjamin Young, Esq. as master and examiner in this court; and that the said oath
be entered among the records of this court, as the oath of office of master and exa-
miner for the future.'