veffel, in order to ascertain the rate of wharfage as herein before establish ed, that in such case, and in all fuch cafes, as often as the fame fhall fo happen, upon the application of either of the parties to the master and wardens of this port, the faid mafter and wardens, or any one of them, are hereby required and authorised to decide fuch difference and difpute, by proceeding to meafure fuch fhip or vefiel, or in fuch other manner as in the opinion of the faid mafter and wardens, or of any one of them, can be moft conveniently and accurately performed, and fhall, if required by either of the parties, give acertificate in writing by him or them, with his or their names fubfcribed, expreffing the tonnage of fuch fhip or other veffel according to his or their determination, which fhall be final with refpect to the rate of wharfage thereof, and in all fuch cafes the expences thereof, which fhall not exceed the fum of ten fillings, fhall be paid by the party against whom fuch determination as a forefaid, fhall be given.

faft to wharfs, to re

ing of others,

14th feff. ch. 28.

III. And be it further enacled by the authority aforefaid, Verels only lying That every fhip or other veffel, which at any time after the move for the unload paffing hereof, thall only lie faft to any or either of the faid wharfs, fhall be obliged to remove off from thence in order to make room for and fuffer any other fhip or veftel to load, unload or careen thereat; and on refufal or failure fo to do, after notice and request thereof, to the mafter or commander, or to any one of the owners of On penalty of 51. fuch fhip or other veffel, he or they fhall forfeit and pay to the owner or owners of the faid wharf, the fum of five pounds.

Where half wharf age is to be paid.

IV. And be it further enacled by the authority aforefaid, That all and every ship or other veflel that fhall make faft to any other fhip or veffel, that fhall or may be faftened to any or either of the faid wharfs, and shall continue fo to lie faftened, or shall fo load, unload or careen, shall be subject and liable to pay, and shall pay, the one half of the rate that fuch fhip or other veffel would have been liable to pay, in cafe they were faftened to any or either of the faid wharfs, and there loaded, unloaded or careened.

V. And be it further enacted by the authority aforefaid, That all coafting veffels lying faft at any or either of the faid wharfs, and not being actually loading, unloading or careening, fhall, on requeft, be made loofe and moved off to make room for, and fuffer any fea veffel or veffels, paying a higher rate, to be brought in her or their place or places; and that on neglect or refufal fo to do, the mafter, commander or owner of every fuch coafting vefiel or veffels, fhall pay fuch rate or rates as the fea veffel or veffels would have been liable to pay, which really and bona fide was, or were intended to have been there loaded, unloaded or careened.

VI. And whereas it may be difficult as well as inconvenient for the owners and proprietors of the feveral wharfs aforefaid, perfonally to attend, collect and receive the rates due, and to become due for wharfage of fhips and other vellels; Be it therefore enacted by the authority aforefaid, That it fhall and Wharfingers, how may be lawful for any owner or owners of the faid wharfs to be appointed. for the time being, to appoint a proper and fit perfon to be the wharfinger or overfeer thereof, for and during his or their will and pleafure, and fhall and may, at his and their like will and pleafure, difplace and remove fuch perfon fo appointed, and other or others in his and their room and ftead, when, and as often as to him or them fhall feem meet, to appoint;

Tueir power

and fuch perfon fo appointed wharfinger, fhall, while he continues in that office, Have the power of regulating and

ordering of the wharf he fhall be fo appointed for as aforefaid, and of the births of all fuch fhips and other veffels, as fhall load, unload, careen or faften to the fame; and moreover, fhall have full power and authority, either in his own name or in the name or names of the owner or owners, or proprietors of fuch wharf or wharfs, to afk, fue for, demand and receive, the wharfage thereof as it fhall become due.

er factor to pay the

VII. And be it further enacled by the authority aforefaid, Mafter, owner,agent That the mafter or commander, owner or owners of any wharfage, &c. veffel ufing any of the wharfs mentioned in this act, and in cafe of his or their abfence out of the ftate, his or their agent or agents, factor or factors, to whom fuch veflel fhall be configned or addreffed, fhall be liable to pay the fum due for the wharfage of fuch veffel, after the rates established in and by this act, either to the owner or owners of fuch wharf, or to the wharfinger in behalf of fuch owner or owners: Provided, That fuch factor or factors, agent or agents, fhall be liable to pay the fame, only where an account fhall have been delivered to, or in cafe of the abfence of fuch factor or factors, agent or agents, left at his or their last ufual place of abode, and the money there demanded before the failing or departure of fuch veffel from port; any thing herein to the contrary in any wife notwithstanding.

Lumber to be re

14th foff, ch. 28.

VIII. And whereas the wharfs before mentioned, are often incumbered by lumber, mill-ftones or other merchandize, and by means thereof the loading and unloading of veffels is much incommoded, and the paffing and repailing of carts and carriages is very much impeded, retarded and hindered; Be it therefore enacted by the authority aforefaid, That if any or either of the faid wharfs, fhall at any time or times hereafter be fo inmoved from wharfs. cumbered, as to fubject the fame to any or either of thofe inconveniences, the owner or wharfinger of fuch wharf or wharfs refpectively for the time being, fhall either perfonally notify, or by notice in writing, to be left at the place of refidence of the owner or owners of fuch lumber or other goods, his or their factor or factors, require him or them to remove the fame from thence, within a reasonable time; and if the fame fhall not be removed accordingly, the owner of the faid wharf or wharfinger, is hereby empowered to remove the fame, and keep them in his cuftody until the whole charges attending the removal, and alfo the ftorage of fuch goods be paid by the owner or claimer thereof; and in cafe the owner of fuch goods, or his factor, is not to be found in the city of New-York, the owner of the faid wharf or wharfinger may at his difcretion remove the faid goods as herein before directed.

IX. Provided always, and be it enacted by the authority aforesaid, That nothing herein contained fhall impair the right which the mayor, aldermen and commonalty of the city of New-York, have to docks and flips herein before mentioned; but that the fame shall be faved to them and their fucceff ors as fully as if this act had not been made.

X. And be it further enacted by the authority aforefaid, That it fhall and may be lawful, to and for the owner and owners refpectively of every crane, that now is or hereafter shall be made, erected and built, on any or either of the wharfs aforefaid, or any part thereof, to alk, demand, take and receive, for his and their feveral and refpective ufe and ufes, from the mafter, commander or owner of any fhip or other veflel that fhall employ fuch crane or cranes, the rates following; that is to fay, For taking out and putting in the maft of every floop of the burthen of eighty tons, or upwards, the fum of

forty fhillings; and for taking out or putting in the maft of any floop ofeighty tons or upwards, twenty-five fhillings; for taking out and putting in the maft of any fquare rigged vellel of the burthen of two hundred tons and upwards, the fum of thirty fhillings; and for taking out and putting in the malt of any fquare rigged vellel or fchooner under the burthen of two hundred tons, twenty-five fhillings; for taking out or putting in the maft of any fquare rigged veffel of the burthen of two hundred tons or upwards, the fun of twenty-five fhillings; and for taking out or putting in the maft of any fquare rigged veffel or fchooner under the burthen of two hundred tons, twenty fhillings, lawful money aforefaid.

Preamble,

Reciting the ftile of the corporation in

17. ch. 66.

CHA P. XXXIII.

WH

An ACT for making fuch Alterations in the Charter of the Corporation Trinity Church as to render it more conformable to the Conflitution of the State. Pafled 17th April, 1734. WHEREAS by letters patent under the great feal of the then colony, and now flate of New-York, their charter, dated bearing date the fixth day of May, in the year of our Lord May 6, 1697. one thousand fix hundred and ninety-feven, many of the inhabitants of the city of New-York, members of the church of England, were erected into a corporation, by the name and file of, The rector and inhabitants of the city of New-York, of the protel ant Nant altered, 11th church of England, as by law eftablifhed; And whereas on the twenty-feventh day of June, in the year of our Lord one thousand feven hundred and four, the legiflature of the then colony, and now ftate of aforefaid, did pass a law, entitled, An act for graning fundry privileges and powers to the rector and inhabitants of the chy of New-York, in communion of the church of England, as by law ellas. lifhed: And whereas thofe parts of the faid charter which That parts of the Charte are inconfit render neceffary the induction of a rector to the faid church et with the conftitu- by the governor, according to fuch inflructions as he fhall, tion of this itate. from time to time, receive from his Britannic majetty, and fuch other parts of the faid charter and law as admit and acknowledge that fights exift in the bifnop of London, in and over the faid church, are inconfiftent with the spirit and letter of the conflitution of this state. And whereas certain other parts of the faid charter and law, and of a certain other law paffed the twenty-fecond day of September, in the year of our Lord one thousand fix hundred and ninety-three, by the legislature of the then colony aforefaid, entitled, An act for fettling a miniftry, and raifing a maintenance for them in the city of New-York, and county of Richmond, Wefchefter and Queen's county, are contradictory to that equality of religious rights which is defigned to be established by the conftitution of this ftate;

Part ofthe old char

1. Be it therefore enaded by the people of the fate of New-York, reprefented in fenate and affembly, and i is herely enated by the arthority of the fame, That fo much of the charter to the laid body corporate adlaw relating above particularly mentioned, and to much of the mid law the church, repeal firft above particularly mentioned, as relate to the induction of the rector by the governor, to the powers or authority of the bishop of London, in and over the faid corporation, and to the collecting and levying a fum of money upon the city of New-York, for the use of the rector or incumbent in the faid law mentioned, be, and they are hereby re

pealed and annulled; and that nothing in this law, nor no non-ufer or mif ufer, between the nineteenth day of April, one thoufand feven hundred and feventy-five, and the palling of this law, fhall be in any wife conftrued to annul, injure, repeal or make void, the faid charter, or the faid law first above particularly mentioned, where the fame are not inconfiftent with the conftitution of this itate.

II. And be it further enalled, and it is hereby enacted by the authority aforefaid, That the church-wardens and veftrymen of the faid corporation, or a majority of them, be vefted with full powers to call and induct a rector to the faid church, fo often as there fhall be any vacancy therein.

titled to all the char

er rights.

III. And whereas doubts have arifen on thofe parts of the faid charter and law first above mentioned, which speak of inhabitants in communion of the faid church of England; For removal whereof, Be it further enacted by the Defcription of per- authority aforefaid, That all perfons profeiling themselves fons who fhall be en- members of the epifcopal church, who fhall either hold, occupy or enjoy a pew or feat in the faid church, and shall regularly pay to the fupport of the faid church, and fuch others as fhall in the faid church partake of the holy facrament of the Lord's fupper, at least once in every year, being inhabitants of the city and county of New-York, fhall be entitled to all the rights, privileges, benefits and emos luments, which in and by the said charter and law firft above mentioned, are defigned to be fecured to The inhabitants of the city of New-York in communion of the church of England.

Preamble,

not vote for members

the officers.

3d feff. ch. 28.

IV. And whereas by the events of war, and in confeDeferibing who could quence of the capture of the city of New-York by the troops of the corporation. of his Britannic majefty, many of the well-affected inhabitants of the faid city, who by the faid charter and law were entitled to vote for members of the faid corporation, were prevented from the due exercife of their rights, and many others who remained in this city, were deterred from voting by well-grounded apprehenfions of the forces of his Britannic majefty, then in poffeffion of the faid city: By reafon whereof, no elections were held, but under the influence of the government of GreatDetermination of the Britain, then at open war with this ftate; And whereas the late council refpecting council appointed by the act of the legislature, entitled, An act to provide for the temporary government of the fouthern parts of this flate, whenever the enemy fhall abandon or fhall be difpoffefled of the fame, and until the legislature can be convened, paffed the twenty-third of October, one thousand seven hundred and feventy-nine, upon the petition of fundry perfons, ftiling themfelves members of the faid church; and after a full hearing of certain other perfons, claiming to be the church-wardens and veftrymen of the faid church, reciting that there was, in the opinion of the council, reafon to believe that the diffentions refpecting the faid church, might materially endanger the peace of the faid city, did, in effect, determine the faid places of church-wardens and veftrymen to be vacant; and by their ordinance, dated the twelfth day of January, one thoufand feven hundred and eighty-four, did veft the eftate, real and per The eftate of the fonal, of the faid corporation, in James Duane, Francis corporation vefted in Lewis, Lewis Morris, Ifaac Sears, William Duer, Daniel

nine perfons. Dunscomb, Anthony Lifpenard, John Rutherford, and William Bedlow, to be retained and kept by them, or any five of them, until fuch time as further legal provifion fhould be made in the premises; And whereas it appears that the following perfons have been nominated and chofen by a very

appointed.

refpectable number of the members of the faid corporation and fociety, as church wardens and veftrymen, and by their humble petition have prayed, that the faid perfons may be appointed as fuch; Be it therefore further enacted, and it is hereby ena ed by the authority afore aid, That James Duane, and Prefentchurch-war- Robert R. Livingfton, be the prefent church-wardens of the dens and veftrymen faid corporation; and that Anthony Griffiths, Hercules Mulligan, Marinus Willett, John Stevens, Robert Troup, Thomas Tucker, Joshua Sands, Richard Morris, Francis Lewis, Lewis Morris, Ifaac Sears, Daniel Dunscomb, William Bedlow, William Duer, John Rutherford, Anthony Lifpenard, Thomas Grennel, William Mercier, Thomas Tillotson and Christopher Miller, be the veftrymen of the faid corporation; the faid church-wardens and veftrymen to hold their places until the Their continuance firit ufual day of election for church-wardens and veftrymen, which fhall be held after Eafter Sunday, which will be in the year of our Lord one thousand feven hundred and eighty-five, and that in the mean time, in cafe of any vacancy, by death or refignation of the Vacancies how to rector, or either of the church-wardens or veftrymen, fuch vacancy to be filled up by the remaining church-wardens. and veftrymen, in fuch manner as is prefcribed in and by the charter and law conftituting the faid corporation as aforefaid.

in office.

fitted up.

V. Provided nevertheless, and be it further enacted by the authority aforefaid, That nothing in this act contained, fhall be conftrued, deemed or taken, to prejudice or injure the right or title of any perfon or perfons whatsoever, to any of the lands or tenements occupied or claimed by the corporation aforesaid.

ertain acts.

VI. And in order fully to carry into full effect thofe parts of the conftitution of this state, which declare, "That the free exercife and enjoyment of religious profeffion and worship, without difcrimination or preference, fhall, forever hereafter, be allowed within this ftate to all mankind ;" and that all acts of the legislature of this flate, while a colony, and all parts thereof which may be conftrued to elablish or maintain any particular denomination of christians, or their minifters, be abrogated and rejected as repugnant to the faid Preamble; reciting conftitution: And in order to remove all doubts which may arife in the minds of any perfons, with respect to the continuance, force and effect of a certain act of the legislature of this ftate while a colony, paffed on the twenty-fecond day of September, one thoufand fix hundred and ninety-three, entitled, An act for fettling a ministry, and raising a maintenance for them in the city of New-York, county of Richmond, Weftchefter and Queen's county; and alfo of one other act, paffed on the twenty-feventh day of June, one thousand seven hundred and four, entitled, An act for granting fundry privileges and powers to the rector and inhabitants of the city of New-York, of the communion of the church of England, as by law established; and alfo of one other act, paffed on the fourth day of Auguft, one thousand seven hundred and five, entitled, An act for the better explaining and more effectually putting in execution an act of general affembly, entitled, An act for fettling a ministry, and raising a maintenance for them in the city of New-York, county of Richmond, Weftchefter and Queen's county; and alfo of one other act, paffed on the twenty-feventh day of July, one thousand feven hundred and twenty-one, entitled, An act for the more equal and impartial affeffing the minifter, and poor's tax to be raifed within the city and county of New-York, Queen's county, Westchefter county, and the county of Richmond; and alfo of one other act,