THE RAIL ROAD v. HOYE. 259

And the surveyor further says, *I certify, as surveyor of Allegany
county, that I have carefully surveyed 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 Poto-
mac 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 com-
parison, appear to be precisely 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.

22d January, 1830.—BLAND, Chancellor.—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
receipt 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
quantity 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 required,
produce your book of entries, and shew him that entry or location,
if such demand be made at your house, or any other place where
your book of entries shall be." And by the nineteenth article of the
same set of rules, it is declared, that ' you are not, after the receipt
of these instructions, to suffer any person to run out the lines of or
execute any warrant for you, unless an assistant properly qualified;
and to prevent all disputes about the priority of entries, or loca-
tions of land, no assistant shall presume to receive or enter the lo-
cation of any warrant whatever, that power being solely vested in
the surveyor.' (a)

These regulations appear to have been taken almost verbatim
from those given to surveyors on the 5th of December, 1768. (b)
And yet it seems to be admitted, notwithstanding they have been
so long in force, that there has been hitherto no adjudication in the

(a) Land Hol, Ass. 435.—(6) Land Hol. Ass. 284