If then a Mandamus would have been proper for tlie Complainant, or even an Action against the Justices and Vestry for Damages for withholding the Warrant, still it is conceived that his way must have been open for a specific Relief in this Coui-t, especially as a Discoverv & account were essential to fix the Sum *

1 Ca. Ld Talbofs time 40. Vin. Ch. 288. 1 Harrison 46.

SJ4 PAPERS KELATINQ TO CHURCHES IN QUEENS COUNTY.

in the Chui'ch -wardens Hand ; for wliicli alone they could be answerable.

Equity suffers not a Right to be without a Remedy. '

IV The fourth Proposition we shall establish will it is conceived remove every Difficulty (to wit)

That Whenever a Case is attended with a Combination to injure the Party, or with Fraud or Collusion Equity will relieve against the express words of a Statute ; and that even where the Complainant has a clear Remedy at Law.

The Authorities upon these Points are taken to be conclusive.*

Tint there was a fraudulent Combination between the Church Wardens and the Justices and Vestrymen to elude the Act and prevent the issuing the Warrant, to deprive the Complainant of his Salary & to raise a Purse by Subscription to defend any suit lie might prosecute. -- And that the Defendant Edsal was very active if not the Author of this Project is clear from the Testimony of the Witnesses.

The Biii cliarges that there was such a Combination actually formed to circumvent and defraud the Complainant and in the Interrogatories the Defendants are required to answer --