The Lessee of Joseph and James Hewes v. Andrew McDowell

* APRIL TERM, 1762. Present, William Allen, Chief Justice, and William Coleman, Justice. The Lessee of Joseph and James Hewes v. Andrew McDowell. Evidence. The original private memorandum book of the secretary of the land-office admitted by consent.' A copy of a warrant of survey is competent evidence. On a question, whether the original private book of memorandums of the secretary of the land-office, respecting the description of the land originally applied for, should be given in evidence, it was urged that this book, containing the original entries from which the minutes of property are formed is the best evidence, and therefore ought to be admitted. [MAJORITY — The Court] The Court said, it was a matter of consequence ; and recommended it to the counsel of the other side to consent to the book’s being given in evidence ; which was accordingly done, and no determination given by the Court, Same Cause. The Court said, that the copy of a warrant of survey, under the surveyor-general’s hand, and containing his direction to the deputy-surveyor to make the survey, has always been given in evidence : And such a copy was now ruled to be admitted, and was read to the jury, See the note to Weston v. Stammers, ante, 2. And see Weidman v. Kohr, 4 S & R. 174. 5) s. p. Motz v. Bolard, 6 S. & R 210.