York, granted by the late king William the third, bearing date the 11th day of May, in the year of our Lord one thousand fix hundred and ninety-fix, hath been fufpended by the war lately waged by the prefent king of Great-Britain, against the United States of America; in order therefore to put the faid corporation, in the fame state of activity which they enjoyed at the commencement of the faid war,

act.

I. Be it enacted by the people of the state of New-York, reprefented in fenate and affem ly, and it is hereby enacted by the authority of the fame, That the faid The faid charter charter, and all and fingular the eftates, rights, powers, aucontinued, notwith- thorities, liberties, privileges, franchifes, preheminences and ftanding any non-ufer or mif-ufer, between immunities thereby granted and confirmed, and which the the 18th April 1775; faid corporation and the members thereof, did actually hold, and the pailing this exercife and enjoy on the nineteenth day of April, one thousand feven hundred and feventy-five, by virtue of the faid charter, or by virtue of any act of the legiflature of this ftate, whilft the fame was the colony of New-York, fhall be, continue and enure in full force, virtue and efficacy, to all intents, conftructions and purposes in the law whatfoever, notwithftanding any non-ufer or mif-ufer thereof, or of any part thereof, between the eighteenth day of April, one thousand seven hundred and feventyfive, and the day of the paffing of this act. And that all and fingular the members of the faid corporation, fhall be fully able and capable in the law, to exercise all and fingular the powers and authorities, to their feveral and re-. fpective offices and places belonging, as well as their joint and several authoritics in the election or appointinent of fuch officers as ought to have been elected or appointed by them, jointly, or by any one or more of them feparately, at fuch times as are directed by the faid charter or the faid laws, notwithflanding any want of conformity to the faid charter or the faid laws, in fuch election or appointments, or either of them. And that the minister, elders and deacons, who from an adherence to the caufe of their country, were compelled by the British army to leave the faid city, or fuch of them as fince the evacuation of the faid city by the faid army, returned thereto, shall be taken and deemed to be the minifter, elders and deacons, of the reformed proteflant Dutch church of the city of New-York, until others fhall be appointed or elected in their ftead, according to the faid charter.

II. And whereas there is contained in the faid charter or letters patent, a claufe giving power to the faid minifter, elders and deacons, by and with the confent and advice of the members in communion of the faid church, or the major part of them, to make rates and affefiments upon all and every of the members in communion of the faid church, for the purpofe of raifing money for the payment of the yearly ftipends and falaries of the respective officers of the faid church; and alfo for repairing, amending and enlarging the faid church and steeple, belfrey, cemetry or church-yard, and other things neceffary, belonging to the faid church; which power having heretofore never been exerciled, and the prefent minifter, elders and deacons being willing to furrender the fame; Be it therefore further enacted by the authority aforefed, That the aforefaid power fhall not at any time hereafter be exercifed by the prefent minifter, elders and deacons, or their fucceflors, but fhall be, and the fame is hereby altogether abrogated, repealed and annulled.

CHA P. XII.

An ACT to appropriate certain Buildings to public Ufes.

Pailed 29th March, 1784. E it enacled by the people of the fate of New-York, reprefented in fenate

Band Jembly and is hereby ended by the authority of the fame, That

Nutten-Island af

the ifland called Governor's or Nutten-Ifland, fhall be, and figned to the use of the fame hereby is affigned to, and for the ufe of the goverthe governor. nor or perfon adminiftring the government of this flate for the time being, to be held and poflefled by him until the legislature fhall other wife order and direct; and that it shall and may be lawful to and for the governor or perfon adminiftring the government, to have and take the charge and fuperintendance of Fort-George, in the city of New-York, and other fortifications and public works and buildings, within the faid city, erected for military purpofes, on lands which are the property of the flate, and to give fuch orders and directions from time to time as he may deem neceflary to fecure and preferve the faid fort, fortifications, public works and buildings, from wafle and deftruction,

the governor.

II. And be it fit ther enaced by the authority aforesaid, Cmimers of That it fhall and may be lawful, to and for the commiffionfortitures to fet apart and align a houfe,&c. ers of forfeitures for the fouthern diftrict, or any one of them, to set apart and affign fuch one of the houfes forfeited to the See 7th feff. ch. 64. people of this ftate, with the ftables and other buildings thereunto belonging, as his excellency the governor fhall make choice of for his refidence, except the house and buildings hereafter affigned for the ufe of the fecretary of this ftate.

Lec. 58.

propriated to the ufe

III. And be it further enacted by the authority aforefaid, A bouf and lot ap- That the lot of ground, with the dwelling houfe, out houses, of the fecretary. flables and other buildings, thereon erected, fituate on the weft fide of the street commonly called the Broad-way, in the ward diftinguifhed by the name of the Weft Ward, and now vefled in the people of this itate, by the attainder of William Axtell, Efq. late one of the members of the council of the colony of New-York, fhall be, and hereby is appropriated to the use of the fecretary of this flate, until the expiration of two years, from and after the last day of April next, for the accommodation of his family, and as a depofit for the archives and records of this ftate, unless other provifion fhall fooner be made by law in the premifes. And the commitlioners of forfeitures for the fouthern diftrict, or any one of them, are hereby authorised and required, without delay, to put the fecretary of this flate for the time being into the poffeffion of the faid lot of land, and of the dwelling house, out houfes, and other buildings thereon erected; any law to the contrary notwithstanding.

CHA P. XVI.

An ACT to empower the Surveyor-General of this fate, to procure the Maps, Papers and Records, which appertained to the Offices of Surveyor-General, or Receiver-General of the late Colony of New-York. Paffed 2d April, 1784. Eit enated by the people of the fate of New-York, represented in jeneto and affimbly, and it is hereby enacted by the thority of the finne,

Alexan fer Colien to

to the furveyor-general.

Executors, &c. of That it fhall and may be lawful to and for the executors or deliver oficial papers adminiftrators of Alexander Colden, Esquire, late furveyorgeneral of the colony of New-York, and they are hereby feverally required, to deliver to the furveyor-general of this ftate for the time being, or to his order, all papers, books, maps and records, together with the chefts, trunks and boxes in which the fame may be contained, which they or any of them may be in poffeflion of, and which did appertain to the office of furveyor-general of the faid colony, or to the office of receiver-general of the fame.

II. And be it further enacted by the authority aforefad, That it fhall and may be lawful to and for the fecretary of this fiate for the time being, and he is hereby required to deliver to the furveyor-general of this ftate for the time being, or to his order, all fuch papers, books, maps and records, which may be in cuftody of the faid fecretary, and which did heretofore appertain to the office of furveyor-general, or to the office of receiver-general of the late colony of New-York, together with the chefls, trunks and boxes in which fuch papers may be contained.

fon

III. And be it further enied by the authority aforesaid, That it fall and may be lawful to and for any other public officer or private perf whatfoever, into whofe cuflody any papers, books, maps and records whatever, may have come, appertaining to the faid offices of furveyor-general, or receiver-general of the late colony of New-York, and they are hereby required to deliver the fame to the furveyor-general of this flate for the time being, or to his order. IV. And be it further enated ly the authority aforefaid, Secretary to give That the fecretary of this flate fhall from time to time, when copies of patents and papers to the farvey- thereunto required by the furveyor-general of this state, furnish the faid furveyor-general with certified copies or extracts of fuch patents, Indian purchases, locations, furveys and other papers as he fhall from time to time fignify that he ftands in need of, in order more effectually to execute the truft repofed in him as furveyor-general.

or-general.

B

CHA P. XVII.

An ACT to alter the Names of the Counties of Tyon and Charlotte. Pafied 2d April, 1784.

E it emailed by the people of the state of New-York, repre ended in fenate and affembly, and it is hereby erated by the authority of the fame. That from and after the paling of this act, the county of Tryon fhall be called and known by the name of Montgomery, and the county of Charlotte fhall be called and known by the name of Washington.

II. And be it further enacted by the authority aforefaid, Alteration of names That all writs, precepts and other procefs iffued out, and net to effect procets. from the inferior courts of common pleas, and the courts of general feffons of the peace in the faid counties, in and by the name of the county of Tryon, and in and by the name of the county of Charlotte, fhall be and remain in the fame fate and condition, as if the fame had been iffted from the faid courts by the name of the county of Montgomery, and by the name of the county of Washington, and that all perfons bound by recognizance to appear in the faid courts of general fell ons of the peace, fhall appear in like manner, as if the name of the faid counties had not been changed; any thing in any foamer acts contained to the contrary notwith!'anding.

Altered

CHAP XVIII.

as to the An ACT to enable all the religious Denominations in this State to appoint Trustees, who fhall be a Body Corporate for the Purpofe of taking Care of the Temporalities of their refpeclive Congregations, and for other Pup fes therein mentioned.

Preamble,

Reciting 38th article of the constitution.

Pafled 6th April, 1784. THEREAS by the thirty-eighth article of the confli tution of the flate of New-York, it is ordained, determined and declared, that the free exercife and enjoyment of religious profeflion and worship, without difcrimination or preference, fhould forever thereafter be allowed within this flate to all mankind, Provided that the liberty of confcience thereby granted, fhould not be fo conftrued, as to excufe acts of licentioufnefs, or jullify practices inconfitent with the peace or fafety of this ftate; And whereas many of the churches, congregations and religious focieties in this ftate (while it was a colony) have been put to great difficulties to fupport the public worship of God, by reafon of the liberal and partial diftributions of charters of incorporation to religious focaties, whereby many charitable and well difpofed perfons have been prevented from contributing to the fupport of religion, for want of proper perfons authorifed by law to take charge of their pious donations, and many erates purchafed and given for the fupport of religious focieties, now veit in private hands, to the great infecurity of the fociety, for whole benefit they were purchafed or given, and to the no lefs difquiet of many of the good people of this flate: And whereas it is the duty of all wife, fice and virtuous The luty of govern- governments, to countenance and encourage virtue and meat to ensure religion, and remove every lett or impediment to the growth virtue and religion. and profperity of the people, and to enable every religious denomination to provide for the decent and honorable fupport of divine worship, agreeable to the dictates of confcience and judgment;

I. Be it therefore enated by the pen, le of the flate of New-Yk, reprefe: ted in fenue and affembly, and it is hereby enaked by the unity of the fume, That from and after the pailing of this act, it fhall and may be lawful to and for the male perfons of full age, belonging to any church, congregation or religious fociety not already ellablished within this fate, or which may at any time hereafter be within the fame, to affemble and meet together, at the church, meeting-houfe, or other place where they flatedly attend for divine worflip, and then and there by plurality of voices, to elect, nominate and appoint any number of difereer and prudent perfons of their church, congregation or fociety, not less than three or exceeding nine in number as trufices, to take the charge of the eftate and property belonging to their respective churches, congregations or religious focieties, and to tranfact all affairs relative to the temporalities of their respective churches, congregations or focieties: That at fuch election, every male perfon of full age, who has flatedly worshipped with the faid church, congregation or fociety, and has formerly been confidered as belonging thereto, fill be entitled to a voice at fuch firtt election. II. And be it further enacted by the authority of refaid; That the faid election fo to be held as aforefaid, fhall be conducted in the following manner, to wit; The minister of the faid Church, congregation or fociety, or in cafe of his death or absence, one of the chers or deacons, church wardens or vestrymen of the fid church, congregation or fociety, and for want of fuch officers, any other perfon being a member or a flated hearer in Auch church,

Election of trustees, congregation or fociety, fhall publicly notify the congregahow to be conducted. tion of the time when, and place where the faid election shall be held, at leait fifteen days before the day of election; that the faid notification fhall be given for two fucceflive fabbaths, or days on which fuch church, congregation or fociety fhall statedly meet for public worship, preceding the day of election, that on the faid day of election two of the elders or church wardens of the faid church, congregation or fociety, fhall prefide at fuch election, receive the votes of the electors, be the judges of the qualification of fuch electors, and the officers to return the names of the perfons, who by the plurality of voices fhall be elected to ferve as truflees for the faid church, congregation or fociety; and in cafe there should be no elders or church wardens in the faid church, congregation or fociety, at the time of fuch election, then and in fuch cafe, two of the deacons or veftrymen of the faid church, congregation or fociety, fhall prefide at fuch election, receive the votes and judge of the qualification of the electors, and be the returning officers; and in cafe there fhall be no fuch officers in fuch church, congregation or fociety, then it fhall and may be lawful for the faid electors to nominate and elect by plurality of voices, two of the members of the faid church, congregation or fociety, to hold the faid election, and be the returning officers as aforefaid.

III. And be it further enaded by the authority aforefaid, That the faid returning officers, who fhall hold the faid election, fhall immediately after the faid election certify under their hands and feals, the names of the perfons elected to ferve as truflees for the faid church, congregation or fociety, in which certificate the file, name, or title by which the faid trustees and their fucceffors fhall forever thereafter be called, diftinguifhed and known, fhall be particularly mentioned and defcribed; which faid certificate, being first duly proved or acknowledged before the chancellor of this ftate, or one of the judges of the fupreme court, or any one of the judges of the inferior court of common pleas of the county, for the time being, in the manner deeds or other writings have been ufually proved or acknowledged, fhall be forthwith recorded by the clerk of the county, for the time being, in a book to be kept by him for that purpofe; for which fervice, a fee of fix fhillings may be taken, and no more.

truftees,

per

IV. And be it further enacted by the authority aforefaid, That the faid fons fo to be elected, returned and regiflered, fhall be, and hereby are declared to be the truflees for the faid church, congregation or fociety, for which they The duty of the fhall be fo chofen, and fhall be, and hereby are authorised and empowered to take into their charge, care, cuftody and poffeffion, all the temporalities belonging to the faid church, congregation or fociety, for which they fhall be elected truftces, whether the fame confist of lands, tenements, hereditaments, goods or chattels, and whether the fame fhall have been given, granted or devifed directly to the faid church, congregation or fociety, or to any perfon or perfons in truit, to and for their use; and although fuch gift, grant or devife, may not have strictly been agreeable to the rigid rules of law, or might, on fir.ct conftruction, be defeated by the operation of the ftatutes of Mortmain; and that the faid truflees, from the time of their election as aforefaid, and their fucceffors forever thereafter, fhall be a body politic and corporate, and fhali be able and capable in the law, to hold, maintain and recover all their eilates, rights and privileges, of what name or kind foever, and to fue and be fued, plead and be impleaded, anfwer and be answered unto, defend and be defended, by the name, file and title mentioned and defcribed in the faid certificate fo to be recorded as afore