56 court of appeals of maryland

years the court was frequently composed of only
three judges. The desire for judges of profes-
sional training found intermittent expression dur-
ing the earlier portion of that century, the last time
during Governor Sharpe's administration,⁴⁸ but
the compensation was regarded as too small to
induce lawyers to serve. The objections to the
courts and judges as they were, lay over for settle-
ment in the constitution of 1776.

There were still no separate salaries granted
to the councillors for their judicial services, ex-
cept for a short time after 1723. An act of 1716,
chapter 11, section 9, provided a salary of ISO
pounds of tobacco per day for their attendance
in the Assembly generally, and in 1723 the Lower
House refused to concur in that allowance except
for attendance upon sessions of the Court of Ap-
peals; and even this was denied in 1750 and 1752,
and never again paid. The House insisted that
councillors should be paid from fines and duties
levied for the support of the government, and
their view was finally accepted. In 1754 a coun-
cillor's income from all his offices averaged 372
pounds, and it was fifty per cent greater in 1774.⁴⁹

On May 21, 1776, the Court of Appeals of the
province was duly assembled, there being present
His Excellency, Robert Eden, Esquire, Governor,
the Honorable Daniel Dulany, Daniel of St.
Thomas Jenifer, and Philip Thomas Lee, Coun-
cillors, and James Brooks, Clerk. They took up
their docket, dismissed an appeal in the case of
William Pellett and others v. Robert Long's Les-

48. Archives, Sharpe's Corresp. Ill, 7, 11, 334.

49. Mereness, 249, 251, 364 to 369.