Documentary History of the State of New York, Vol. III
If these Reasons were Represented they might probably have a good Effect, especially as his Excellency can receive good Testimonials of the People, their Poverty, and the Publick Utility of their Church, which could iUy be maintained if at all, should they loose their Houses ; and tliis must be the Case whenever a legal Enquiry is made into their Title : And indeed it has been already Threatned.
The method to secure them a good Title must be by prosecuting an office tlu'o' the Escheator, as the granter is Dead without Heirs ; Incorporating the Church, and then obtaining a grant from the Crown.
One of the Royal Instructions, which requires that no forfeiture or Esclieat shall be granted but thro' the Treasury and board of Trade, is no small Embarrassment to such a process, and
PAPERS RELATING TO THE CITY OF NEW-YORK. 495
must often tie up a governor's Hands from doing acts of Justice & Charity ; as considering the Important Business of these Boards, it is scarcely possible to attract their Attention to such ti-ivial objects. Two Cases have happened in the late Lieutenant Governor Be Lancy's Administration : One of Patrick Smith the other of Joliannis ]\Ialtz, who died without Heirs. Offices were prosecuted at a considerable Expence to those were conceived by the Government to have the best Title to the Royal Favour, and upon a promise of a Grant to tliem : But this Instruction being in the way, the Lieutenant Governor represented their Case to tlie Treasury and Board of Trade, and asked Leave to make the Grant, and notwithstanding to this Day, m Notice has been taken of the Petitions or his Sollicitation .