tofore held.

And their powers faid, in all fuits, quarrels, controverfies, causes, actions, matsa body politic refpecting eftate, here- ters and things whatfoever, in any court or courts of common law or equity whatsoever; and by the fame name, file and title, they and their fucceffors fhall lawfully have, hold, ufe, exercife and enjoy, all and fingular the churches, meeting-houfes, parfonages, burying-places, and lands thereunto belonging, with the hereditaments and appurtenances heretofore by the faid church, congregation or fociety held, occupied or enjoyed, by whatfoever name or names, perfon or perfons, the fame were purchafed and had, or to them given or granted, or by them or any of them ufed and enjoyed for the ufes aforefaid, to them and their fucceffors, to the fole and only proper ufe and benefit of them the faid truflees and their fuccefors forever, in as full, firm and ample a manner in the law, as if the faid trustees had been legally incorporated, and made capable in the law, to take, receive, purchafe, have, hold, ufe and enjoy the fame, at and before the purchafing, taking, receiving and holding of the faid churches, meetinghoufes, parfonages, burying-places and lands thereunto belonging, and lawfully had, held and enjoyed the fame; any law, ufage or cuftom to the conrary hereof, in any wife notwithstanding.

tates not exceeding

V. And be it further enacted by the authority aftref.id, That the faid truf tees, and their fucceffors, by the fame name, file and title, from the time of their election as aforefaid, fhall have full power, good right and lawful auTrustees power to thority, to have, take, receive, acquire, purchase, use and receive and enjoy ef- enjoy lands, tenements and hereditaments, goods and chat1200l. per annum. tels, and to demife, leafe and improve the faid lands, tenements and hereditaments, and to ufe and improve fuch goods and chattels to the benefit and ufe of the faid church, congregation or fociety, and other pious ufes, not exceeding twelve hundred pounds yearly rent or income; any law, ufage or cuflom to the contrary hereof, in any wife notwithstanding; and that it fhall and may be lawful for the faid trufees and their fucceffors, to build and crest churches or meeting-houfes on their And to build houfes faid lands, and to alter, enlarge or amend the fame or any for worship, and cer- part thereof, and alfo to erect and build dwelling-houfes for tain ocher houses. the ufe of their ministers, and school-houses and other buileings for the ufe of the faid churches, congregations or focieties, as to the faid trustees and their fucceffors fhall from time to time appear neceflary.

VI. And be it further enacted by the authority aforefind, That it fhall and may be lawful for the faid truflees and their fucceffors, forever hereafter, Truflees to have a to have and use a common feal, and the fame to alter, bicak no feal. and new make at their difcretion; and alfo, that it fhall and may be lawful for the faid truflees and their fucceffors, or any two of them, at any time or times, and as often as it fhall be needful, to call a meeting of the faid trustees, and that the majority of the faid trustees when met, fall be a fufficient quorum, and fhall have power to make fuch rules and orders for the managing the temporal affairs and concerns of the faid church, congregation or fociety, as they or the major part of them fo met, fhall agree upon, and fhall have the fole difpofition and ordering of all payments of the monies belonging to the faid church, congregation or fociety, and alfo the power of appointing a clerk and treasurer to the faid board of truflees, and ao a collector to collect and receive the rents and revenues of the faid church, congregation or fociety; and the faid clerk, treafurer or collector, at their pleasure, to remove, and to elect and chute others in their room and fead; all which orders, fales and payments, fhall be honeffy and fairly kept

L

lated.

by the faid clerk, in books to be provided for that purpofe; and that the majority of the faid trustees, fo met as aforefaid, fhall have power to establish and regulate the fees that fhall be allowed to the faid clerk, treasurer and colPew rents and per. lector, and alfo to regulate and order the renting the pews in giftes, how regu- the faid churches or meeting-houfes, and the perquifites of the faid church, congregation or fociety, ariling for the breaking of the ground in the cemetery or church yards, and in the churches or meeting-houles for burying the dead, and all other matters, toaching and concerning the temporal concerns and revenues of the faid churches, congregations and focieties refpectively.

VII. And to the end, That a perpetual fucceffion of truflees may be maintained and kept up in the faid churches, congregations and focieties Perpetual fucceffion refpectively; Be it further enaded by the authority aforesaid, of truitees, how to be That the truftees firit to be chofen as aforefaid, fhall continue kept up. in office for the space of three years, to be computed from the day of their election; and that immediately after the faid first election, the faid trustees fhall be divided by lot into three claffes, numbered one, two and three; and that the feats of the member or members of the first clats, fhall be vacated at the expiration of the first year; the member or members of the fecond clafs, at the expiration of the fecond year; and the member or members of the third clafs, at the expiration of the third year; to the end, that the third part of the whole number of trustees, as nearly as pouble, may be annually chosen.

VIII. And in order to fupply and fill up the feveral vacancies in the faid board of trustees as they fhall arife; Be it further enaded by the auth rhy afore faid, That the faid trustees for the time being, or the major part of them, fhall, from time to time, notify in writing, the minifter for the time being, and in cafe of his death or abfence, the elders or church-wardens, and in cafe there fhall be no elders or church wardens, the deacons or veftrymen of any fuch church, congregation or fociety, of fuch vacancies, fpecifying the names of Vacancies how to be the truftees, whofe times will expire at least one month beFilled up. fore fuch vacancies fhall happen, and that the faid minister, and in cafe of his death or abfence, one of the faid elders or church-wardens, or deacons or veftrymen, fhall in manner aforefaid, proceed to notify the members of the faid church, congregation or fociety, of fuch vacancies, and appoint the time and place for the clection of new trustees to fill up the fame, which election fhall be held at leaft fix days before fuch vacancies fhall happen; and that at all fuch future elections, two of the elders or church-wardens of the faid church, congregation or fociety, and in cafe there fhall be no elders or church-wardens, two of the deacons or veftrymen, and in cafe there fhall be no fuch officers, then fuch other perfons fo to be elected returning officers as aforefaid, fhall prefide and receive the votes of the electors, judge of the qualifications of the faid electors, and be the returning officers as aforefaid; and that a certificate under the hands and feals of the faid returning officers, specifying the names of the perfons elected to fill up fuch vacancies, fhall entitle the feveral perfons elected to a feat at the board of the faid truflees; and in cafe any of the trustees fhall refufe to act, die, or remove within the year, it shall be lawful for the male electors of the faid church, congregation or Others to be chofen fociety, at any time after fuch contingency fhall happen, to in the room of truttees affemble and meet together, upon notice to be given in manrefufing to act, dying, ner aforefaid, and then and there by plurality of voices, to elect and appoint others to fill up fuch vacancy or vacancies,

or removing.

who fhall have full power and authority to do, execute and perform the office of trustee or truflees, in the place of fuch as he or they fhall be fo chofen to fucceed, and shall continue in office for fo long time as the perfon or perfons fo dying, refufing or removing, might have ferved, had he or they lived, accepted or continued in the faid office.

ars, after the first election, 8cc.

IX. And be it further enacted by the authority aforesaid, Qualification of elec. That no male perfon belonging to the faid church, congregation or fociety, fhall be entitled to vote for truflees as aforefaid, at any election fucceeding the faid first election above mentioned, until he hall have been a stated attendant on divine worship in the laid church, congregation or fociety, at least one year before fuch election, and shall have contributed to the fupport of the faid church, congregation or fociety, according to the ufages and cuftoms thereof; and that the faid clerk to the faid trustees for the time being, fhall keep a regifter of the names of all fuch perions as fhall, from time to time, defire to become ftated hearers in the laid church, congregation or fociety, and fhall therein note the time when fuch request was made; and that the faid clerk fhall, from time to time, attend all fuch future elections, in order to teft the qualifications of fuch electors, in cafe any objections shall be made as to the time when fuch elector became a flated attendant on divine worship in the faid church, congregation or fociety.

Minifter's falaries

X. And be it further enacted by the authority aforefaid, That nothing in this act contained, fhall be conftrued, adjudged or taken to give to the faid truflees or their fucceffors, any power or authority whaticever, to fix or afcertain the falary or falaries, ftipend or ftipends, to be paid to be aftertained by to the miniiter or minifters of the faid church, congregation a majority of the elec or fociety, and that whenever it fhall be neceflary to fix or afcertain fuch falaries or flipends, the fame fhall be fixed and afcertained by the electors aforefaid, or the major part of them, at a meeting to be called for that purpofe; which falaries or ftipends, when fixed and afcertained, shall be ratified and confirmed by the faid trustees, or the major But confirmed and part of them, by an inftrument in writing, under the com paid by the trustees. mon feal of the faid truflees, and the faid trustees, or the major part of them, fhall, and hereby are authorised and empowered to pay and discharge the fame, out of the revenues of the faid church, congregation or fociety.

to be affected by this

act.

XI. And be it further enafied by the authority aforefaid, Religius rights not That nothing herein contained, fhall be conflrued, adjudg ed or taken to abridge or affect the rights of confcience or private judgment, or in the leaft to alter or change the religious conflitutions or governments of either of the faid churches, congregations or focieties, fo far as refpects, or in any wife concerns the doctrine, difcipline or worship thereof.

XII. And be it further enacted by the authority aforefaid, That all and every corporation, truftees, or perfons intrufted with the management, care and difpofition of the temporalities of any church, congregation or religious fociety, already incorporated, or that may hereafter be incorporated within this fate, or a majority of them refpectively, fhall, and hereby are required once in every three years, and between the first day of January and the first day of April, triennially, to be computed from the first day of January next enfuing, to exhibit upon oath to the chancellor, or to one of the justices of the fupreme court, or any of the judges of the court of common pleas in the county where fuch church, congregation or religious fociety fhall be firs

ated, an account and inventory of all the eftate, both real and perfonal, belonging to fuch church, congregation or religious fociety (at the time of making oath and exhibiting fuch inventory and account) for which they respectively are trustees or managers as aforefaid, together with an account of the annual revenue ariling therefrom; and if any fuch truftees or perfons intrusted with the care, management and difpofition of the temporalities of any church, congregation or religious fociety, as aforesaid, shall neglect to exhibit an account and inventory of the eftate, and annual revenue of the church, congregation or religious fociety, of which they respectively are truftees, or intrulled with the care and difpofition of the temporalities as aforefaid, for any space of time longer than one year after the expiration of the three years, within which it is hereby made their duty, refpectively, to render fuch account and inventory as aforefaid, fuch truflees or perfons intrusted with the management, care and difpofition of any of the temporalities of any church, congregation or religious fociety as aforefaid, shall from thenceforth ceafe to be a body corporate.

If annual revenue

XIII. And be it further enacted by the authority aforesaid, That in all cafes where it fhall appear, by the accounts and inventory herein before directed to be exhibited by the trustees or other perfons aforefaid, to the chancellor, juftices or judges as aforefaid, that the annual reve exceed the fum allow-nue of any church, congregation or religious fociety, exed by charter or by ceeds the fum which by virtue of any charter or law they reported to the legif- may or can refpectively hold, poffefs or enjoy, it fhall be and hereby is made the duty of fuch chancellor, juftices or judges as aforefaid, refpectively to report the fame, together with the account and inventory, by which fuch excess shall be made to appear as aforefaid, to the legislature at their then next meeting.

law, the fame to be

lature.

XIV. And be it further enacted by the authority aforesaid, That it fhall and may be lawful, to and for every religious corporation, created by letters patent under the great feal of the colony of New-York, to have, hold, occupy and enjoy lands, tenements, goods and chattels of the yearly value of one thousand two hundred pounds, although the letters patent by which fuch corporation respectively were created, fhould contain a clause or claufes reftricting and limiting the annual revenue and income of fuch corporation at a fum lefs than one thoufand two hundred pounds; any law, ufage or custom to the contrary in any wife notwithstanding.

CHA P. XXV.

An ACT to afcertain Weights and Meafures within this flate.

Paffed 10th April, 1784.

W that people who live in the fame community, fhall have one equal

HEREAS it is agreeable to equity and beneficial to commerce,

and juft weight and balance according to a true and perfect standard, and aflize of meafure to be establifhed by law, without which neceflary provifion, frauds and deceits may be practised with impunity.

The fhall be one

1. Be it therefore chased by the people of the fate of New-York, reprefented in fenate and ajjembly, and it is hereby enated by the authority of the fame, That from and after the first day of June next, there fhall be jak bun, one certain one juft beam, one certain weight and measure, that is to weight and meafore. fay, avoirdupoile and troy weights, bufhels, half bufhels, pecks and half pucks, according to the ftandard in ufe in this flate, on the day

of the declaration of the independence thereof; and that the ftandard weights and ineafures in the cuftody of William Hardenbrook, who, before and at the time of the faid declaration was the public fealer and marker of all beams and weights, and measures, within the city and county of New-York, which ftandard is according to the ftandard of the court of exchequer in that part of Great-Britain, called England, fhall forever hereafter be depofited with, kept and preferved by the clerk of the peace, or common clerk of the city and county of New-York, for the time being, and fhall be and hereby are declared and established to be and remain the ilandard, for afcertaining all beams, weights and measures throughout the ftate, any ufage or cuftom to the contrary thereof notwithstanding; and the faid clerk of the peace or common clerk, now, and for the time being, fhall take an oath to be administered to him in open court before the mayor, recorder and aldermen of the faid city, well and faithfully to preferve the faid weights, feals and measures, and to fuffer no other perfon to make use of the fame, except a fworn public fealer and marker of weights and meafures; Provided always, That the faid WilHam Hardenbrook fhall deliver the faid beam, weights and measures, to the clerk of the peace, or common clerk of the faid city and county, in the prefence of the mayor, recorder, and one or more of the aldermen of the faid city, and shall declare on his folemn oath, that the faid beam, weights or measures are the fame which he received from the court of exchequer aforefaid, according to the best of his knowledge and belief.

II. Provided always, and be it further enacted, That if any of the faid ftandard beams, weights and measures, fhall be broken, impaired or milling, that it fhall and may be lawful, to and for the mayor and aldermen of the city of New-York, in common council convened, to caufe to be delivered to the faid clerk of the peace, or common clerk for the time being, any flandard, beam, weights and measures, refpectively, to fupply fuch deficiency, taking care that the fame is according to the ftandard established in the late colony, now ftate of New-York, immediately preceding the declaration of independence of this state.

ment to appoint per

marking all beams,

III. And be it further enacted by the authority aforesaid, Council of appoint That for the better obfervance and execution of this act, fant for fealing and it fhall and may be lawful to and for his excellency the goweights & meafures, vernor of this flate for the time being, by and with the advice and confent of the council of appointment, to appoint fit perfons in all convenient and proper places within this ftate, for fealing and marking all beams, weights and meatures; that the perfons fo to be appointed, fhall imprefs with the letter A, all beams, weights and measures to be fealed and marked by each of them refpectively, and fhall refpectively take and fubfcribe an oath before one of the judges of the court of common pleas of the county in which he or they fhall refide, for the faithful execution of the truft to be committed to them, by virtue of this act; and the judge before whom fuch oath fhall be taken, fhall caufe a certificate thereof to be filed with the clerk of the county, wherein fuch judge fhall refide; and every fuch fworn public fealer and marker of weights, feals and meafures, fhall be entitled to receive for his pains in fealing and marking all fuch beams and meafures, as fhall from time to time for that purpose be brought to him, the rate of nine-pence, and for every weight and Corporation rights every finall liquid measure, one penny, and no more: Saving always nevertheless unto the cities of New-York and Albaay, and borough of Weftchofter, and the mayors thereof for the time being,

Their fees.

faved.