PRINCE EDWARD ISLAND. 139 therein, but the signature of the chancellor was still necessary to the enrollment of de¬ crees and for certain other purposes. The signature of the chancellor was dispensed with by the statute 42 Vic . Cap. 9. Hon . James H. Peters , who was appointed in the year 1848 to fill the combined offices of master of the rolls and assistant judge of the supreme court, continued to perform the duties of those offices with marked ability until his resignation. He was succeeded by the Honorable Edward Jarvis Hodgson , the present judge. In 1869, by the statute 32 Vic . cap. 4, the lieutenant governor in council was author¬ ized to appoint a fit person to combine the offices of assistant judge of the supreme court and vice chancellor of the court of chancery with co-ordinate jurisdiction with the master of the rolls of this Island. The Honorable Joseph Hensley was appointed to this position, which he worthily held until his death m 1894; when he was succeeded by the present judge, the Honorable Rowan Robert Fitzgerald . The chief justice of the supreme court has original jurisdiction in chancery only in cases where the master of the rolls and vice chancellor may both be disqualified from acting. The court of appeal in equity as at present constituted consists of the chief jus¬ tice, the master of the rolls and the vice chancellor. From being a proverbially expensive and dilatory court, the court of chancery in this Island through improvements in its practice and procedure has become noted for economy and expedition. The business of the court, especially of an administrative kind, has in consequence greatly increased and is still in¬ creasing. The barristers and attorney of the su¬ preme, court are eligible for admission as solicitors of the court of chancery. THE PROBATE COURT. This court was established when this Island as a British colony was in its earliest infancy. By commission under his hand and seal bearing date of 4th January, 1771, Govern¬ or Patterson appointed Phillips Callbedc , Esq., to be surrogate general and judge of probates within this Island, empowering, him-; in every particular to do, "act and transact all such matters and things as did properly appertain to his office according to the laws of England and of this Island not repugnant thereto." This ancient court was thus planted upon a broad foundation of common law. Its first judge was the attorney general of the cokmjjr.? Its court of appeal was the governor in council. From time to time the Legislature e»-; tended its jurisdiction. In 1781 (21 G. in Cap. 2.) it was empowered to make par¬ tition of lands and to sell real estate for pay¬ ment of debts in case of deficiency of per¬ sonal assets. In 1838 (1 Vic . Cap. 15) the question of whether it had or had not the power to ap¬ point guardians of infants was settled by enacting that the surrogate-or judge of pro¬ bate should have such power and that "Such guardians when so appointed" should "be