CUNNINGHAM v. BROWNING.—1 BLAND. 299

land; and was always, from a very early period of the Provincial
government, essentially the same as at present. Land Ho. Ass.
73, 83. On a caveat being entered, both parties may be con-
sidered as actors; for, if called for, by either party, an order may
be passed appointing a day for hearing; but no caveat can be dis-
missed without hearing, or giving the parties an opportunity of
being heard. Garretson v. Cole, 1 H. & J. 374; April, 1782. ch.38,
s. 8. After a party has thus obtained an order appointing a day
for hearing, subposna is issued from the Chancery office under the
great seal, as formerly, to summon the opposite party to appeal-
before the Chancellor to maintain, or to answer the caveat. And
subpoenas may, in like manner, be issued to summon wituessses to
testify. Land Ho. Ass. 331, 488; April, 1782, ch. 38, s. 11. If
required, the parties may, by the same or a separate order, obtain
authority to take the depositions of witnesses before any justice
of the peace on giving notice as usual, and also, a direction to
the surveyor of the county, or some other impartial person to sur-
vey the lands, and lay down the conflicting pretensions of the
parties; and the surveyor may summon witnesses to give evidence
on the survey. Land Ho. Ass. 420, 488; 1789, ch. 35, s. 6. Upon
the return of all which, on the day appointed, the arguments of
the parties are received by themselves, or their attorneys either
orally or in writing; unless before, or on that day, further time be
allowed for the hearing, of which the party obtaining the order
must give his antagonist notice. Land Ho. Asa. 489.

The applicant for the patent must make out his case by shewing
himself entitled to a patent for the tract of land he has caused to
be designated in his warrant, his entry on the surveyor'^ book, or
by his certificate; and thus, in general, holding the affirmative, he
opens and concludes the argument. Land Ho. ASK. 453. After
which the case is * decided by the Chancellor according to
right, to reason, and to good conscience; or in other words, 329
according to the rules of the land office, and the whole law properly
applicable to the case: Land Ho. Ass. 316, 373, 374, 400, 446, 452,
462; November, 1781, ch. 20, s. 6; or he may decree thereon ac-
cording to equity and good conscience, and agreeably to the prin-
ciples established in the High Court of Chancery, as if the matter
were brought before him by a bill in Chancery. 1789, ch. 35, s.
4; Land Ho. Ass. 384; Hammond v. War field, 2 H. & J. 151. If
the certificate be incorrect the Chancellor may, at the instance of
the party, order the survey to be corrected in such manner as he
shall direct. Land Ho. Ass. 403, 420, 450; West v. Hughes, 1 H. &
J. 9. In some cases, if the certificate be vacated, he may order
other warrant to be issued to the party to the amount of the va-
cated certificate on whicli the composition had been paid; Land
Ho. Ass. 473, and, as in Chancery, he may award costs and enforce
the payment of them to the prevailing party. 1797, ch. 114, s. 8.