
    *AT A CIRCUIT COURT AT HUNTINGDON,
    MAY 1801.
    CORAH, YEATES AND BRACKENRIDGE, JUSTICES.
    Lessee of John Maxwell Nesbit against James Kerr.
    The court have a controul over their rules, and where a view has been had though founded on the certificate of counsel, where it is improper and unnecessary it will be discharged with costs.
    This cause came before the court on a rule for trial by a special jury and view ; and a view had been taken.
    Mr. Duncan for the plaintiff moved, that the rule for a view should be discharged with costs. The cause has been twice tried by the judges of this court, sitting at Nisi Prius, and they must be sensible from their own knowledge of the case, that there can be no propriety or necessity for a view, Boundary cannot possibly come in question; and a view can only serve to prejudice the minds of the jury, by the partisans of the defendant.
    Mr. Hamilton for the defendant
    insisted, that they were entitled to the rule ; Mr. Henderson who was concerned with him, having subscribed a certificate, according to the 43d rule of the practice, and filed the same in the clerk’s office. If the court on trial, should think the rule was-not proper or necessary, they will refuse to certify, and the party will be subjected to the ex-pences thereof.
   The court said, that the practice had been regulated, in order to enter the proper rules in the clerk's office, where the attornies could not apply to the court. They certainly notwithstanding the view had been entered, had a controul and superintendence over all rules, and would exercise it. We have tried the suit, and are perfectly satisfied there is no boundary to be ascertained. It will be too late to correct the evil after the trial has been had, and injustice done. What will it avail the plaintiff that the defendant is condemned to pay the costs of the view ? The certificate here has been given without due consideration; and such matters will be narrowly watched.

Let the rule for the view be discharged, and the defendant pay the costs thereof.  