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.

3Jiy The Vestry are not a body corporate by this act but

1 George Rapelje to 12tb Interrog; Nathaniel Ivloore to Same; Richard Belts to IJanJ 13th-, John Bartis to 12 Interrog-; Elickim Raymond to Same; David Roe to Same; John Aspinwall; Joseph Bull.

2 Compare Sect. 3 and 4.

oob PAPERS RELATING TO CHURCHES IN QUEENS COUNTY.

subject every year to a Dissolution and a new Body is elected who are totally independent of the first and not answerable for theii- neglect or Misconduct. Consequently the Complainant might be always pursuing a Remedy which he could never find.

4"''>' It is a Rule in Equity that none be made parties but who can be bound by a Decree^ -- Now the only Purpose for which the Justices or Vestry could be made Parties must be to compel them to issue a Warrant to the Chui'ch Wardens to pay the Salary to the Complainant. -- And this could only have given the Complainant a Cause of action against the Defendts Eut Chancery never decrees a Suit [but ^ where it may give a Remedy. ^