“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. Peters, who had an interest in the land, the governor had instructed him to direct the said Jacobs to make the survey. This being objected to as an unauthorized survey, since the Surveyor General had no right to appoint a deputy, without the approbation of the governor or proprietary, as appeared by his commission; the plaintiff offered in evidence, a decision of the Board of Property, in a caveat filed by the assignee of Clark vs. Dougherty, stating the survey returned; that it should be received and confirmed, and directing a patent to issue.”