Steven Ward, Lancaster Underhill and Abraham Valentine, be, and they are hereby authorized and empowered to inclose the land belonging to the church in Eastchester, as laid out and ascertained by trustees chosen on the part of the town of Eastchester, and the trustees of the church, by a board fence on the whole front or north side thereof, composed of one board at the bottom and shtted above, and that the same be of the height of four feet and a half ; and the other parts of said laud to be inclosed by a post and rail fence, or such board fence as aforesaid, and that the said persons complete the same as conveniently as may be, <fcc."

" Re.so'ved further, that the above mentioned persons take and receive the profits thereof by plowing for two seasons, any of the said lands, except that within the compass of the burial place, and after that to take the grass crowing out of the said land by pasturing and mowing the same, and render an account yearly to the said trustees of such profits, until a full compensation has been made by the use thereof for their trouble and expense in fencing the said land,0

The presumption is, that the trustees of the church supposing their title to the ground in question, invalidated either by the reorganization of the church in 1787, or of the town in 1788, or perhaps of both, acted as the recipient of the same from the town, and wisely asserted no claim. It is certain that her action in 1792, did not weaken the title she possessed in any land rightfully belonging to her; whilst the effect of the certificate, as declared in the resolution of the town before quoted, was to be forever a bar to any claim on the part of the town to the lands set off.b