78 HEPBURN'S CASE.—3 BLAND.

the number of the concentric layers in the wood of trees and the
years of their age, has been so demonstrated by observation and
proof, as the term of gestation of animals has been, &c., there can
be no clear and sure foundation for the hypothesis, that the num-
ber of such concentrical layers does denote the age of trees, or the
progress of their growth. But even if this notion were shewn to
be well founded, it would call for evidence destructive of that
by which it was given. The production of the necessary evidence
of the lapse of years, by cutting out, as in this instance, a
block of sufficient dimensions to exhibit a distinct view of the num-
ber of the concentrical layers, formed since the time in question,
might occasion the death of the very boundary tree intended to be
shewn and re-established; so that the production of such evidence
would, by destroying that of which it had been a component part,
prevent a recurrence to the same kind of proof thereafter; or, in
other words, to prove a living boundary by such means, it would be
necessary to destroy it. This hypothesis, however, resting, as it
yet does, altogether upon speculation and conjecture, cannot be
judicially regarded as affording evidence worthy of any considera-
tion whatever.

Rejecting this hypothesis, the testimony of the witnesses stands
in all respects unimpeached, and the line must be carried to the
black oak, as called for and proved; and consequently, no vacancy
is left between Jolly's First Attempt, and Long Fought and Dear-
Bought, over which a resurvey from Litten's Fancy, can be so ex-
tended as to embrace any part of M'Causland's First Attempt.

Whereupon it is ordered, that the caveat of Robert M'Causland
be sustained; that the caveat of Patterson & Ellicott be overruled;
and that Patterson & Ellicott pay the costs of both caveats, to be
taxed by the register.

95 HEPBURN'S CASE.

NATURE OF OUR GOVERNMENT AND OF THE JUDICIARY POWER.—RIGHT OF
EMINENT DOMAIN.—CURRENT MONEY IN MARYLAND BEFORE THE REVO-
LUTION.—LACHES AND LIMITATIONS IN EQUITY.—CONFISCATION ACTS.—
ATTACHMENTS

Where jurisdiction in a particular case is conferred on the Chancellor by a
special Act, he follows the authority exactly as given.

All our governments are mere delegations of power for the benefit of a sove-
reign people.

No unlimited discretionary power can be conferred on the judiciary by the
Legislature.

By virtue of the power of eminent domain, private property may be taken
for public uses; but private property cannot be taken from one and
given to another in any way.