“This was an ejectment for a tract of land in Berks county. The plaintiff claimed under a warrant to Richard Hockley, and others, dated in 1762, which recited, that a former warrant had issued to the same persons for this land, and had been surveyed, but not returned. He then offered in evidence a survey of this land, rather a re-survey made by one Jacobs, who was not an authorized or commissioned surveyor; in virtue of a letter to him from the Surveyor General, in which he stated; that, at the request of Mr.

“Upon an affidavit that the defendant had not, until last night, discovered ground for an additional exception to the award; the Court permitted him to file it, saying; though the same reason might not have been a sufficient one to sanction the filing of exceptions originally, after the four days, because then the cause might be out of the reach of the Court; yet, as the cause is depending, an amendment may be made, where the proper foundation is laid for asking the indulgence.”