THE RAILEOAD v. HOYE.—2 BLAND. 243

near the mouth of Sidelinghill Creek, to execute some warrants
held by John V. L. McMahon, for the use of The Baltimore and
Ohio Railroad Company; that the surveyor, being otherwise en-
gaged, sent his deputy, who made the survey, as required, under
a common warrant, of the tract called Clara, Fisher, on the 25th
day of May, 1S28. But the warrant not having been put into
the surveyor's hands until four days after, that is, on the 29th of
May, he therefore dated the certificate of survey for Clara Fisher
on that day, and not of the day when the survey was actually
made.

On the other side, it appears, that William W. Hove, under
whom The Chesapeake and Ohio Canal Company claim, as his
assignee, having a special warrant, placed it in the hands of the
surveyor of Allegany County, "which warrant, the surveyor says,
was by me, on the 28th day of May, 1828, located for the said
William W. Hoye, in a book kept by me for the purpose, on the
bank of the Potomac River, below and adjoining to the lines of a
tract of land, the property of Mr. Lantz, which tract of land lies
at the mouth of the Devil's Alley run; and to extend down from
the lines of said Lantz's land with the meanders of the Potomac
River to the lands formerly belonging to McQueen, and now said
to belong to Mr. Hughes, and to extend out from the river for
quantity." * And the surveyor further says, "I certify, as
surveyor of Allegany County, that I have carefully sur- 259
veyed for and in the name of him, the said William W. Hoye, all
that tract or parcel of land lying and being in Allegany County
aforesaid. Beginning about twelve feet south from an ancient elm
tree, standing on the bank of the Potomac River," &c. Thus
going on to describe the lands which had been so specially located
in the surveyor's book, by courses and distances, to be held by the
name of River's Bend, which courses, distances, and quantity of
the tract, called River's Bend, on comparison, appear to be pre-
cisely the same as those of the tract of land, called Clara Fisher;
which conclusively shews, that those two names do not designate
different tracts, but identically the same lands.

BLAND, C., 22d January, 1830.—These cross-caveats standing
ready for hearing, and the solicitors of the parties having been
fully heard, the proceedings were read and considered.

By the second article of the rules and orders of the 15th of April,
1782, for the direction of surveyors, it is declared, that "upon re-
ceipt of any common warrant you are to note down in a book, to
be kept by you for that purpose, the time of your receiving it, the
quntity of acres included therein, the date, thereof, and at what
place, the person who obtains it, locates the same; and, when any
other person desires to locate a warrant on land which some other
person has already entered a warrant to affect, you shall, if re-