that which is repugnant to the established rules and
practice of this office.
It is thereupon adjudged and ordered that the said order of
the late chancellor, passed December 26th 1783 be reversed,
and wholly set aside, and that the caveat be considered as
reinstated, and that all things be in the same state and condition
as if the said order never had been passed; unless cause to
the contrary be shown on or before the third Tuesday in
April next; provided a copy of this order be served on the
said Norman Bruce and William Digges before the first day
of February next.
¾
N. B. The chancellor thinks proper to protest against any
construction of the within order into a precedent for one
chancellor to rehear or rejudge the decision of another
chancellor.
A judge of the land office may indeed on some occasions
with propriety revise his own decision, and if he reverses it,
his determination must be considered as the result of mature
deliberation and better judgment: But there can be no such
reason for his setting aside the judgment of his predecessor
whose opinion even if it were not prior in time, must in point
of law be considered as equal to his own.
Much inconvenience, indeed, would follow if the decision
of a judge, in any particular cause, should be considered as
no longer binding than whilst he remained in office. The
sure consequence of establishing such a precedent would be
that, whenever a new chancellor should enter on his office, an
application would be made for the rehearing of a caveat
already decided, in every case in which the fruit of the
decision should not have been obtained.
It was merely on account of the surveyors having stated
the former chancellor's order to be unintelligible or
impracticable, and of its appearing in that light to the chancellor,
that the within order was passed. ¾It appeared to him as
the only expedient for rendering justice to the parties.¾It
was clear that Shields was, under the late chancellor's
decision, entitled to a patent on a corrected certificate, and yet so
long as an order which has proved to be impracticable
remained in force, he could not obtain the patent.
After all, it was on great deliberation and with reluctance
that the chancellor passed the within order. ¾He is aware that
it may seem an extreme nice matter to distinguish between
such a proceeding and the rejudging of a decision of his
predecessor.
Nov. 11, 1794.
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