We observe 1^^ That it seems to be involved in the first Head ; for if from the peculiar Nature & Circumstances of this Cause the Complainant is entitled to Relief independent of the mode prescribed by the act there can be no necessity of making the Justices or Vestrymen Parties, who not being possessed of the money, could be called upon only as it was their office to make out the Warrants for the Salary.

On this principle it was we presume that the Defendant's Council observed, when his Excellency's Directions were communicated that this last Point would be determined by the First.

However if he should think fit from a Change of Sentiment to make it a Subject of further Discussion we shaU insist --

1st That the making the Justices & vestrymen Parties could not have put the Defendant in a better condition ; for they have no Interest in the money & can neither be benefited or prejudiced by a Decree wliich will be equally secure for the Defendants as if they had been called in as Parties.

, 2^1 y. It is totally uncertain by the act which two of the numerous Justices in the County are compellable to issue the Warrant.'

If this is uncertain the Complainant cannot be requested to make any of them Parties . And so with respect to the Vestrymen there could have been no use in making them Parties because they could do no act independant of the Justices and had they been called in, the Eili must have been equally exceptionable.