Documentary History of the State of New York, Vol. III
3^'}' That indeed he thought nevertheless, That the Justices might order away the paying of the money alone if Application had been first made to the Vestry to try whether they would sign the Warrants or not, but tliat not having been done the Justices could not Do it alone, and therefore the Church Wardens in this Case might refuse to obey the Warrants for the words of the Act of Assembly were Express,
To these it was said on the other side That the Justices were
PAPERS RELATING TO CHURCHES UN QUEENS COUNTY. 290
Comaiided to order awa}' the paying of tlie moneys as well as raiseing Itt by Virtue of the Kings Writt of Mandamus to them Lately Directed out of the Supreme Court and that the Law said * the King might Commit the Execution of his Statutes to wliom he tliinks fitt and Consequently to tlie Justices of the peace, though they be not particularly named in tlie statute.
That Judges are to make such Exposition of Statutes as not to sufter them to be Illusory.
That Judges are to make sucli Consti-uction of Statutes that may Redress the Mischief and Advance the Kemedy and Suppress all subtile Inventions & Evasions for the Continuance of the Mischiefe, and to add force and Life to the Cure and remedy, according to the true Intent of the Act and tiie publick Good.
That Statutes are alwa}'s to be so Interpreted tliat there should be no failure of Justice, and many other Arguments, so tliat on the 26^' of the said Month of ifebruary we Did Give Judgment against two Chiu'ch Wardens and ffined them and immediately thereupon gave them notice of our judgment, and the same day a writing under our hands and Seals to Dismiss tliem fi-om their office was Delivered to Each of them ; and new Church Wardens were then appointed by us in tlieir stead.