The office of Ch. Justice
in Commission, having three members. But by the ordinance
of 1845 it is provided
(sec. 5.) that in case
of the temporary illness or absence of the Chief Justice, it shall be
competent for the Governor
to appoint another
"fit and proper person"
to fill the office.
Unless modified by some subsequent
239
enactment of which
I am
unaware, this
provision would seem
to authorise the
appointment of a
Commission.