Documentary History of the State of New York, Vol. III
Dr Auchmuty & Mr Inglis In Answer to Coraplt 8th Interrog All the Coraplt Witnesses in answer to his 11th Interrog.
2 Preamble to the first Act. Str. 253. Piercy's Case No 6. 157.
3 10 Mod. 1.
PAPERS RELATING TO CHURCHES IN QUEENS COUNTY. 333
III That Equity will relieve against a Party who strictly speaking has done nothing illegal, when a particular Burthen or Hardship lies upon the Complainant ^ -- ^And here we shall shew that this Case is attended with such Hardship and Inconvenience.
By the Act the Cliurcli- Wardens ought to have paid the Complainant Ms Salary Quarterly.
It is admitted by the Answer that they have not paid him a* Far tiling for years. He demanded a Warrant and Order from the Justices and Vestry assembled, for the Payment of his Salary which they absolutely refused.
Thro' this Act of Injustice altho' the Church Wardens admit by their Answer that they are possessed of this Money yet has he no Means to compel the Payment but by a Course of Equity.
Must it not then be evidently unconscionable that the Intention of the Legislature sliould be disapointed ; the Complainant defrauded ; & the Defendants suffered to pocket the Money and convert it to their own Benefit 1 It is indeed objected that by the Act a Warrant for their Justification is necessary, & that none has been presented -- To which it is answ^ered -- That the Decree will prove as effectual an Indemnification as the Warrant itself; and that if nothing more than their safety was in question there coiiid be no reason for objections.