CHANCELLOR. An officer appointed to preside over a court of chancery, invested with various powers in the several states.
There is a chancellor for the state in Dela ware, and also, with vice-chancellors, in New Jersey, and in Alabama, Mississippi, and Tennessee there are district chancellors elect ed by the people. Under the federal system and in the other states the powers and ju risdiction of courts of equity are administer ed by the same judges who hold the common law courts.
The title is also used in some of the dio ceses of the Protestant Episcopal Church in the United States to designate a member of the legal profession who gives advice and counsel to the bishop and other ecclesiastical authorities.
In Scotland, this title is given to the fore man of the jury. Bisph. Eq. 7.
An officer bearing this title is to be found in some countries of Europe, and is generally invested with extensive political authority. It was finally abolished in France in 1848. The title and office of chancellor came to us from England.
See 1 Spence, Eq. Jur.; 4 Viner, Abr. 374 ; Woodd. Lect. 95.
For the history of the office, see CANCEL LARIUS.
In England the title is borne by several functionaries, thus: Lord High Chancellor of Great Britain. This has been the title of his office since the Union with Scotland (in effect May 1, 1707). He is appointed by the Crown, by the deliv ery to him of the Great Seal of the United 'Kingdom, and verbally addressing him by the title. It is usual to appoint the person recommended by the Prime Minister, from such members of the bar as hold or have held the office of Attorney or Solicitor General. There is no qualification for the office, except that none but a Protestant can be appointed. 7 Halsb. Laws of Eng. 56. He holds office during pleasure, and as a member of the Cabinet and under the usage accepts or re tires from office with the political party to which he belongs. He is expressly excepted from the term of office during good behavior provided for the judges in the Judicature Acts. He is a member of the Privy Council,
probably by prescription ; also prolocutor or speaker of the House of Lords by prescrip tion. He is not necessarily a peer, and if not, he cannot address the House of Lords. He is custodian of the Great Seal, except when it is entrusted to a Lord Keeper, or is in commission. He is head of the judicial administration of England and is responsi ble for the appointment of judges of the High Court, except the Chief Justice, who is appointed by the Prime Minister. He ap points County Court judges (except where the whole of the County Court district lies within the Duchy of Lancaster). He advises the Crown as to nominating Justices• of the Peace. He is President of the High Court of Justice, and of the Chancery Division of the High Court and an ex officio member of the Court of Appeals, and presiding officer thereof.
There is a Lord Chancellor of Ireland, but none in Scotland since the Union.
The Chancellor of the Duchy of Lancaster, who presides over the court of the duchy, to judge and determine controversies relat ing to lands holden of the king in right of the Duchy of Lancaster.
The. Chancellor of the Exchequer is an of ficer who formerly sat in the court of ex chequer, and, with the rest of the court, ordered things for the king's benefit. Cowell. This part of his functions is now practically obsolete; the chancellor of the exchequer is now known as the minister of state who has control over the national revenue and expenditure. 2 Steph. Coro. 467.
The Chancellor of a Diocese is the officer appointed to assist a bishop in matters of law, and to hold his consistory courts for him. 1 Bla. Cora. 382; 2 Steph. Com., 11th ed. 684.
The Chancellor of a University, who is the principal officer of the university. His is for the most part honorary.