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Chancellor

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

" 1. In England, sevei-al officers bear this name. Chancellor of the exchequer. A high officer of the crown, who sometimes sat in court, sometimes in the exchequer chamber, and, with the regular judges of the court, saw that matters were conducted to the king's advantage. His chief duties now concern the management of the royal revenue. Under the Judicature Act of 1873, he is deprived of his judicial functions.^ See Exchequer. 'Courtright v. Burnes, 13 F. E. 317 (1883), cases, Mc Crary, J.; ib. 328-29, oases; s. o. 3 Mc Crary, 63, fi8-75, cases. See generally Fowler v. Ca Uam, 102 N. Y. 397 (1886). 'Hovey v. Hobson, 51 Me. 64 (1863), Dickerson, J. See also S9 Ala. 680; 70 id. 118, 179; 17 Ark. 624; 40 Conn. 570; 57 Ga. 284; 73 111. 13; 89 id. 183; 6 T. B. Mon. 416; 1 Pick. 416; 132 Mass. 388; 4 Mich. 538; 13 Ired. L. 198; 4 Duer, 375; 13 Ohio St. 175; 3 Baxt. 457; 39 Wis. 506; 19 Alb. Law J. 468-69 (1879), cases; 19 Cent. Law J. 402-8 (1884), oases; 34 id. 198 (1887), cases. ' [Goodman v. Cody, 1 Wash. T. 335 (1871). * F. chaticelier: L. L. cancellariuis; a cancellando, from canceling — illegal letters-patent, — 4 Coke, Inst. 88; 3 Bl. Com. 46. He stood near the screen, cancellus, before the judgment seat,

Skeat. See also 1 Camp- Lord chancellor. The presiding judge in the court of chancery. In the courts of the Roman emperors he was a chief scribe or secretary, afterward invested with judicial powers and supervision over other officers. From the empire the name passed to the church: every bishop had a chancellor, the principal judge of his consistory. And when the modern kingdoms were established, almost every state preserved its chancellor, with different jurisdictions and dignities. In all of them he had supervision of such instruments of the crown as were authenticated in the most solemn manner. When seals came into use he had the custody of the king's great seal.^ The office. is created by delivery of the king's great seal into the custody of tjie nominee. -He becomes a privy counsellor by his office and prolocutor of the house of lords by prescription. He appoints all justices of the peace. Being formerly an ecclesiastic, presiding over the king's chapel, he b^pame keeper of the king's conscience, visitor to all hospitals and colleges of the king's founding, and patron of certain of the king's livings. He is the general guardian of all infants, idiots, and lunatics; he superintends all charitable uses. These powers belong to him apart from the extensive jurisdiction he exercises in his judicial capacity in the court of chancery. • See Chancery, 1; Woolsack. Vice chancellor. One of a class of equity judges who held court independently of the lord chancellor, but whose decisions were reviewable in his court. They perhaps originally acted in his place. 3. In the United States, the judge of a court of equity. As a judicial title, in use in Alabama, Delaware, Kentucky, Mississippi, and New Jersey. See Chancery, 3. 3. A person sitting as a judge in equity; as in saying that a circumstance in a case would cause a " chp,ncellor " to hesitate to enter a decree in favor of a particular person. See Title, Marketable.