The plat for illustration specifies neither the length, nor
direction of the lines, nor the actual contents, according to
any one of the delineations; and it is evident, from a
comparison of the said plat with the original plat that although
the surveyor certifies, with respect to several of his
delineations, that from certain points or terminations of lines, he has
laid down " New Holland renewed" according to its courses
and distances, the fact is not as he has stated. For in order
to arrive at the point D, agreed on as a boundary by both
parties, he has been obliged to vary materially from the 19th
course as expressed in the original certificate. With respect
to the mill seat, the testimony is strong on each side; and
although it is evident that whichever of the spots laid down
for the beginning be right, there must be an interference of
the tract called Conclusion, the chancellor cannot undertake to
decide in what manner the certificate of Conclusion may be
corrected, so as to exclude precisely that part which is
comprehended within the lines of the mill seat. He conceives,
under all circumstances, that the dispute relative to the mill
seat is, in all respects, peculiarly proper for the decision of the
jury, in a court of law.
Should he dismiss the caveat, and permit Mr. Richardson
to take a patent, the caveator will still be in a condition to
have his right tried at law. If, on the other hand the
caveat be ruled good, there is an end of great part of
Richardson's pretensions. It is plain, then, that the caveat ought not
to be ruled good, unless the chancellor be perfectly convinced
of the alledged interference, and unless the extent of it can
be ascertained. But it is impossible for him to have that
conviction, from the plats, certificates, and depositions, now
before him, and if he should proceed to decide upon them only,
he cannot do otherwise than dismiss the caveat. This
however, he is unwilling to do; provided he can receive further
information on the subject, within a reasonable time.
It is, certified by the surveyor, that the points, figure 8, and
letter D, on the plat, by him returned for illustration, are
agreed to be boundaries o New Holland renewed; and the
chancellor conceives, that 8 must unquestionably be the
termination of the second line. For, by an established rule of
the general court, and of this office, all calls, if it can
consistently be done, must be gratified; and 8 appears to be at the
west side of the branch, as well as a boundary agreed on by
both parties. There is as little doubt that D is the true
boundary or termination of the 19th line. Suppose, then,
the surveyor again set to work. Let the spot 8, be the end
of the 2nd line, and thence run the 3d, 4th, 5th, 6th, 7th, 8th,
9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th and
19th lines, according to the actual courses and distances expressed
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