
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1806.
    M’Daniel v. Tullock.
    In an action to try titles, where one of the parties applied at the office of the Secretary of State for a copy of an original grant, to be given in evidence, and the same was certified by one of the clerks in that office, in the name of the secretary, without the knowledge of the party, on the production of the said copy in evidence, it was rejected on inspection, the signature of the Secretary of State not being in his hand writing. But a new trial was ordered on the ground of surprise, the party being ignorant that the signature was not genuine, and, therefore, unprepared to shew that it was done by the secretary’s order, and because it was the fault of the public officer, and not of the party.
    Trespass, to try titles, to land, tried before Gkimke, J., in Abbe-ville. Defendant offered in evidence, under (he A. A. of 1803, the copy of a grant purporting to be certified by Daniel Huger, Secretary of Stale ; but the signature being inspected by the court, was found not to be the proper signature of the Secretary of State, fact, a clerk in the office of the secretary had certified for the secretary, and signed his name ; arid it did not appear that the defendant, or his counsel, had known but that the certificate was duly certified. Verdict for plaintiff.
   The court,

all the judges, granted a new trial, ot the ground of surprise ; and because it did not appear the defendant bad been guilty ol neglect, or want of due care. The mistake was owing to the fault of a public officer, for which the defendant ought not to suffer.

New trial granted.  