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In chancery: before the Chancellor of the state of New York online

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DEATHS BY FALLS AND CARS

If in Connecticut in the year 1934
somebody had desired to apply his energy
to a reduction of deaths by accident in Con-
necticut where the most good would be done
he could have, made a choice between any of
several groups.

In that year, starting from January 1,
there would be 245 deaths from falls in
homes and 191 deaths to persons riding in
motor cars.

From this standpoint, if proclamations
and accusations were to be uttered, in which
the victims would be described as careless
or reckless, they might more usefully have
been directed to those who were going to be
killed by falling in their own homes.

In this same year 109 persons were to
die by drowning, though many fewer persons
; would attempt the peril of water, than
i would attempt the peril of riding in a mo'
car.

When falls outside of homes wh
caused deaths are added in, the total so dy
is 393, a figure only a little short of the tc
of deaths caused to ridters and pedestri
by thft use of motor cars.

The cure of accidents and the fatali
which accompany is only a little in try
to improve the human machine, and m
in guarding humans against their we
nesses.

Stairways have existed for generatic
They have not produced a race which
proof against falling down.

Because minds are attentive to t
central idea at a time, because a divided
tention is not always -effective, accidents *
happen, regardless of protections, but
number can be reduced by correct engine
ing.



First Presbyterian Cfiurcf

"Anapamu jus* l ;< *f State"

25-31 East Anapamu
Santo Barbara California




LIBRARY

THE UNIVERSITY
OF CALIFORNIA

SANTA BARBARA



REV. CHARLES ELLERN



IN CHANCERY:

4
BEFORE THE CHANCELLOR OF THE STATE OF



WILLIAM STEVENSON and others, Complainants.

VS.
ALEXANDER BULLIONS and others, Defendants.



PLEAD INGS AND PROOFS.



JOHN CRARY, Solicitor for Complainants.
BERNARD BLAIR, Solicitor for Defendants.






SALEM:

PRINTED BY WILLIAM B. BARENESS.

1844.



LIBRARY

UNIVERSITY OF CALIFORNIA
SANTA BARBARA



IN CHANCERY,

BEFORE THE

CHANCELLOR.



WILLIAM STEVENSON, WILLIAM ROBERTSON, WILLIAM
McGEocH, EDWARD SMALL, JOHN McARTHim, JAMES
McARTHtra, ROBERT MCARTHUR, PETER McARTHtra,
GEORGE SMALL, JOHN ARNOT, JAMES ARNOT, EDWARD
COOK, JOHN ROBERTSON, THOMAS McMoRRis, JAMES
HOY, JOHN McDouL, ISAAC ASHTON, JOHN FOSTER
and WILLIAM LIVINGSTON, Members of the Church
in full communion, known as the Associate Con-
gregation of Cambridge, in the County of Wash- . ,
ington, in the State of New York, adhering to the Original
principles of the Associate Presbytery of Pennsyl- Bill.
vania, formerly, now the Associate Synod of North
America, Complainants,
vs.

ALEXANDER BULLIONS, JAMES COULTER, JA^IES SHI-
LAND, ROBERT MCCLELLAND, PETER HILL, and the
Associate Congregation of Cambridge, of the
County of Washington, adhering to the Associate
Presbytery of Pennsylvania, formerly, now the
Associate Synod of North America, Defendants.

IN CHANCERY:
To the Chancellor of the State of New York,

Humbly complaining, your Orators, William Stevenson, William Rob-
ertson, William McGeoch, Edward Small, John McArthur, James McAr-
thur, Robert McArthur, Peter McArthur, George Small, James Arnot,
John Arnot, Edward Cook, John Robertson, Thomas MoMorris, James
Hoy, John McDoul,,Isaac Ashton, John Foster, and William Livingston,
members of the Church, known as the Associate Congregation of Cam-
bridge, of the County of Washington, in the State of New York, adher-
ing to the principles of the Associate Presbytery of Pennsylvania, for-
merly, now, the Associate Synod of North America, for themselves and
all other members of the said Church and Congregation who adhere to
the standards thereof, respectfully shew unto your Honor :

That in or about the year 1^64, as your orators are informed and be-



lieve, the sect or denomination of Christians, known in common parlance
as the Associate Church of North America, but which is now styled and
called in the minutes and records of the proceedings of said Church,
"the Associate Synod of North America," was in all due form organized
as a Church in the then Province of Pennsylvania, under the inspection,
superintendence and care of the Associate Synod of Scotland, and the
several Congregations of said Church, at or about the same time, by the
authority of said Synod, constituted and organized a Presbytery which
was styled, " The Associate Presbytery of Pennsylvania," and which was
then subordinate to the said Associate Synod of Scotland.

And your Orators further shew that in or about the year 1784, sundry
individuals, of the town of Cambridge, and other adjacent towns in the
State of New York, professing the tenets, principles and faith of the said
Associate Church, petitioned the Associate Presbytery of Pennsylvania,
" praying said Presbytery to send one of their number to dispense di-
vine ordinances to and among said petitioners, according to the received
principles of the said Presbytery" and in or about the latter part of the
said year, 1784, in compliance with the prayer of said petition, the Rev.
Thomas Beveredge was sent by the said Presbytery to the said Petition-
ers, at said Cambridge and in the early part of the year 1785, a Con-
gregation was duly organized as a local Church in said town of Cam-
bridge, under and subordinate to the said Associate Presbytery, accord-
ing to the principles of said Presbytery, and subject to the discipline and
government thereof which said Congregation was called and known by
the name and style of " The Associate Congregation of Cambridge, ad-
hering to the Associate Presbytery of Pennsylvania." The term " Con-
gregation" as used in the said Associate Church, means a local Church
comprising the persons who are members thereof in full communion, with-
in a particular territory, convenient for their assembling and attending
upon Divine Worship.

And your Orators further shew that in or about the year 1802, the Con-
gregations of the said Associate Church, adhering and subordinate to the
said Associate Presbytery, having greatly increased, said Associate Pres-
bytery of Pennsylvania was divided into several separate Presbyteries
that is to say The Associate Presbytery of Cambridge, the Associate
Presbytery of Philadelphia, the Associate Presbytery of Chartiers, and
the Associate Presbytery of Kentucky ; the name of which last mention-
ed Presbytery has since been changed to that of Miami. To which there
have been since added at different times, the Associate Presbyteries of
the Carolinas, Ohio, Alleghany, Muskingam, Albany, Chenango, Stam-
ford, Indiana, Illinois, Richland and Vermont, being in all, (at the pres-
ent time,) fifteen. And all political ties and connexions between this
country and the Kingdom of Great Britain having been severed, it was
deemed both expedient and necessary to establish a visible head of said
Church in North America, and accordingly, at or about the same time, a
Synod was duly constituted and organized by said Associate Church, as
the visible head and Supreme Judicatory of said Church in North Amer-
ica, and to which all the Presbyteries and Congregations of said Associ-
ate Church were and are subordinate and subject, and owe obedience and
submission according to the principles, discipline and government of the
said Associate Church which said Synod was and is called and known
by the name and style of the " Associate Synod of North America."

And your Orators further shew that at the meeting of the said Synod



of North America, in May, in the year 1838, the Kev. Thomas Good-
willie and the Rev. William Pringle, who respectively had charge of
Congregations in the State of Vermont, as ministers and pastors, were
regulary constituted and organized by said Synod into a separate Presby-
tery, called the Associate Presbytery of Vermont but previous to that
time, said ministers and said Congregations belonged to and formed a
part of said Associate Presbytery of Cambridge.

And your Orators further shew that the said Associate Congregation of
Cambridge has belonged to, and formed a part of said Associate Presby-
tery of Cambridge, ever since its organization, and still does belong there-
to and form a part thereof.

And your Orators further shew that the Judicatories established by said
Church for the proper discipline and good government thereof, and of all
its Congregations, members and officers, are Sessions, Presbyteries, and
a Synod. That said Judicatories were established at an early period of
the history of said Church in Scotland, and were adopted by said Asso-
ciate Church in America, upon its organization in Pennsylvania, as here-
in before stated. '

A Session consists of the minister, or ministers (where there are more
than one,) and the ruling elders of a particular Congregation. A Ses-
sion has the general superintendence, control, and government of the
Congregation admits persons to the communion, with power to call be-
fore them, and proceed against offending members, and to punish by the
censures of the said Church, as the case may require but a session has
no authority to try, or otherwise deal with its minister.

Any persons feeling aggrieved by the sentence of a session, may ap-
peal to the Presbytery of which the said session is a member.

A Presbytery consists of all the ministers, and one ruling elder from
each settled or organized Congregation within a particular district, and
has due and ample ecclesiastical cognizance of all things that regard the
welfare of the particular Congregations or Churches within its bounds
of receiving and issuing appeals from the several sessions within its
bounds, and of hearing and determining the same of ordaining, settling
and removing ministers within its bounds or jurisdiction of trying all
ministers belonging to said Presbytery when accused, and of acquitting
or convicting as the case may require and if convicted, of punishing by
suspension, deposition, and excommunication, or other censures of said
Church of visiting the Congregations within their bounds, to inquire
into their state, to redress any evils that may have arisen within them,
and generally, of ordering whatever pertains to the good government of
that part of the Church which is under their immediate inspection.

Any party feeling aggrieved by any sentence or decision of a Presbyte-
ry, may appeal to the Synod.

The Synod is the Supreme Judicatory of the Church. It is composed
of all the ministers in the several Presbyteries of said Associate Church,
under the inspection of the Synod, or of delegations of ministers from
said Presbyteries, together with the rulmsr elders from said Presbyteries.

The Synod has power to hear, and finally determine, all appeals regu-
larly brought from any Presbytery, to decide on all references made to it
to review the records and proceedings of the Presbyteries to redress
whatsoever is done contrary to order and of reproving, warning, and
hearing testimony against all error in doctrine or immorality in practice,
in any Presbytery, or in any Congregation or Churdh of erecting new
Presbyteries when the Synod may deem it necessary.



The Associate Synod of North America is the Supreme Judicatory of
the said Associate Church in North America ; and its decisions are final,
and by the faith and doctrine of said Church, obligatory upon all the ju-
dicatories, officers, members and Congregations of said Church.

And your Orators further shew that there are two sentences of excom-
munication used by the Judicatories of the said Associate Church for the
discipline thereof one of which is called the higher sentence, and the
other the lesser sentence of excommunication. The former severs all
ties and connection between the Church and the offending member,
while the latterj although it suspends and cuts off the offending member
from all rights, privileges and immunities as a member of the Church,
until it is revoked, yet the Church continues the power of remonstrating,
laboring and dealing with the offending member, for the purpose of bring-
ing him to repentance and a return to his duty as a member of said
Church, and not till all discipline, labor and remonstrance are found to be
in vain, is the higher sentence of excommunication inflicted.

And your Orators further shew, that in or about the year 1784, the
said Associate Church of North America, through the said Associate
Presbytery of Pennsylvania, adopted and published a particular state-
ment of their principles in a book commonly called and known as " the
declaration and testimony of the Associate Church of North America.'*
These principles require every member admitted to communion in said
Associate Church, solemnly to declare and profess his or her adherence
to the Westminster confession of faith, the larger and shorter Cate-
chisms, form of Presbyterian Church government and directory for the
public worship of God, as expounded, received and witnessed for in the
said declaration and testimony of the said Associate Church, and to de-
dare and profess their approbation of said declaration and testimony, and
to declare their solemn and fixed promise and resolution, through grace,
to continue in the faith as exhibited and declared in said standard, and to
be subject to the order and discipline of said Church and every officer,
whether ruling elder or minister, is required by his ordination vows to sub-
mit himself willingly and humbly to the Church Courts of said Associ-
ate Church, to endeavor to maintain the spiritual unity and peace of said
Church, to continue steadfast in the principles professed by the said As-
sociate Church, and carefully to avoid every divisive course. Every ru-
ling elder promises in his vows, submission in the Lord to his session ;
and every minister to his Presb3~tery, as subordinate to the Associate Sy-
nod of North America.

And your Orators further shew, that the principles thus adopted, estab-
lished, published and promulgated by said Associate Church, have ever
been and still are the principles of the faith and practice, discipline and
government of the said Associate Cliurch, and are obligatory upon every
officer, and member thereof.

And your Orators further shew, that although the said Associate Con-
gregation of Cambridge have always, since their first organization in 1785,
as herein before mentioned, been in all respects duly organized as a Con-
gregation or Church, jet they were not incorporated until the year 1826.
That as well before as since the incorporation thereof, the temporalities
of the said Congregation, and of all other Congregations of said Associ-
ate Church, were committed to the custody and care of Trustees, elected
by the members of the said Congregation in fall communion, from among
themselves.

That subsequent to the said first organization of the said Associate



Congregation of Cambridge, and prior to the year 1S38, the said Congre-
gation acquired by donations and subscriptions, from among themselves
and otherwise, the following real property and estate, that is to say, on
or about the 7th day of July, 17S6, Jonathan French, then of the town
of Cambridge, by deed of that date between himself, as party of the
first part, and John Blair, James Small, James Eddie, James Irvine, Wil-
liam AlcAuley, David French and George Miller, chosen and elected
Trustees for the Associate Congregation of Cambridge, adhering to the
Associate Presbytery of Pennsylvania of the second part, in considera-
tion of six pounds, conveyed to the said party of the second part and
their successors forever, one half acre of land, situate in said town of
Cambridge, on the south part of lot number thirty-two of the first divi-
sion, which piece of land is particularly described in said deed by meets
and bounds and courses and distances, habendum to the said party of the
second part and to their successors for ever to the sole and only proper
use, benefit and behoof of the said Associate Congregation of Cambridge,
with full covenants, among which is a covenant for such further assu-
rance, as may be deemed necessary to vest said piece or parcel of land
in the said party of the second part and their successors for the sole use
of the said Associate Congregation of Cambridge, which said deed not
having been executed by the wife of the said grantor, and it being suppo-
ed that there were some other defects therein, and the said Associate
Presbytery of Pennsylvania having been divided into several Presbyter-
ies, and the Associate Synod of North America having been established,
as herein before mentioned, the said Jonathan French and Jane his wife,
by the covenant of all the grantees in said deed, on or about the
twenty-first day of January, 1810, by a certain indenture or deed of
confirmation of that date, made between himself and his said wife, of
the first part and James Small, James Eddie, James Irwin, Alexander
Skellie, senior, James Hoy, James Eolle, William Stevenson, John Ro-
bertson, Samuel Green, Alexander Skellie, junior, John Shiland, junior,
James Hill, Alexander Livingston and William McGeoch, of said town of
Cambridge, Trustees for the Associate Congregation of Cambridge, in
accession to the principles presently maintained by the Associate Synod
of North America, and now under the inspection of the Associate Pres-
bytery of Cambridge, belonging to the said Synod, and whereof the Re-
verend Alexander Bullions is the present Pastor, parties of the second
part reciting the said last mentioned conveyance from the said Jonathan
French, and that the Associate Congregation was not incorporated, and
that the said Associate Congregation had elected the said parties of the
second part Trustees thereof for the purpose of managing and taking
care of the temporalities of said Associate Congregation, and that
doubts had arisen whether the title to said premises was completely vest-
ed in the members who then were, or thereafter might be in full com-
munion with, and compose the said Congregation, and in such persons as
they then had elected and chosen, or at any time hereafter might elect
and choose from among themselves as Trustees to manage and take the
charge and care of the temporalities of the said Congregation and their
successors in office of Trustees, and that the said grantor was willing to
remove all such doubts, and to cohfirm and secure the title to the said
premises in and to the members who then were or thereafter might be in
full communion with, and should compose the said Congregation, and in
and to such persons as they then had elected, or at any time thereafter



8

might elect and choose from among themselves as Trustees to take the
charge and care of the temporalities of said Congregation and their suc-
cessors in the office of Trustees to be elected and chosen as aforesaid for
ever thereafter. In consideration for the better acting and cpnfirming the
title aforesaid, and also in consideration of one dollar, did grant, bargain,
sell, remise, release and confirm to the said parties of the second part
their heirs and assigns the said before mentioned premises.

Habendum to the said parties of the second part, their heirs and assigns,
for ever to the intent for the use and in trust for the members who then
were or thereafter might be in full communion with, and should compose
the said Associate Congregation of Cambridge in accession to the prin-
ciples then presently maintained by the Associate Synod of North Ame-
rica, and then under the inspection of the Associate Presbytery of Cam-
bridge, belonging to said Synod, and for such persons as the said mem-
bers at any time thereafter might elect and choose from among them-
selves as Trustees and their successors in office to be elected and chosen
as aforesaid.

And on or about the 24th day of December, in the year 1799, James
Gilmore, then of the said town of Cambridge, by deed of that date be-
tween himself as party of the first part, and Alexander Skellie, senr.,
James Irvine, James Hoy, James Rolle, Samuel Green, William Steven-
son and Robert Gumming, Trustees for the Associate Congregation of
Cambridge, aforesaid, and their successors in accession to the principles
presently maintained by the Associate Presbytery of Pennsylvania, and
now under the inspection of said Presbytery, of the second part, in con-
sideration of twenty-eight pounds, conveyed to the said party of the sec-
ond part and to their successors forever, half an acre of land situate in
said town of Cambridge, being part of lot number thirty-one of the first
division of Cambridge Patent which said piece of land is particularly
described in said deed by meets and bounds and courses and distances.
Habendum to the said party of the second part and their successors for
the proper use, benefit and behoof of the said Associate Congregation
of Cambridge forever.

And on or about the 23d day of October, in the year 1827, Alexander
Bullions, then of the said town of Cambridge, together with Mary his
wife, by deed of that date, between them as parties of the first part, and
Francis McLean, William Stevenson, William McGeoch, Edward Small,
John Robertson, Tanner, and George Lourie, Trustees of the Associate
Congregation of Cambridge of the county of Washington and State of
New- York, adhering to the principles of the Associate Presbytery of
Pennsylvania formerly, now the Associate Synod of North America, of
which the Rev. Alexander Bullions is Minister, of the second part, in
consideration of seven hundred dollars, conveyed to the said parties of
the second part and to their successors in office forever, two certain
pieces or parcels of land, situate in the said town of Cambridge, being
two subdivisions of lot number thirty-one of the first division of Cam-
bridge Patent, one of which pieces contains fourteen acres, and other six
acres and twenty-two perches of land both of which said pieces of land
are particularly described in said deed by meets and bounds and courses
and distances habcndum, to the said parties of the second part and
their successors in office forever.

And on or about the ninth day of March, in the year 1835, William
Stevenson and Jane his wife, of the said town of Cambridge, by deed



<> "- '4L 9 ' -^

bearing date the day and year last aforesaid, between them as parties of the
first part, and James Coulter, William MeGeoch, George Lourie, James T.
Green, 2d, and Peter Hill, 2d, Trustees of the Associate Congregation of
Cambridge, ia the county of Washington, and state of New York, and their
successors in office, adhering to the Principles of the Associate Presbytery of
Pennsylvania formerly, now formed into the Associate Synod of North Amer-
ica, of which -.the Rev. Alexander Bullions is now minister, of the second part,
in consideration of five dollars conveyed to the said party of the second part,
their successors in office, heirs and assigns forever, six perches and ninety-one
hundredths of land, situated in said town of Cambridge, and is a subdivision
of lot number thirty-two of the first division of Cambridge patent which
said piece of land is particularly described in said deed, by meets and bounds,
courses and distances habendum, to the said parties of the second part, their
successors in office, heirs and assigns to their sole and only proper use, benefit
and behoof forever, in trust.

All which will more fully appear by the said several deeds herein before
mentioned, and now in the possession of your Orators ready to be produced
as this Honorable Court shall direct, and to which when produced, your Ora-
tors, for greater certainty pray leave to refer.

And your Orators further shew that in or about the year 1S83, the said As-
sociate Congregation of Cambridge erected and built upon the said real
estate, so granted to them as herein before mentioned, a brick Church Edifice
or meeting house, of the value of about nine thousand dollars. And that previ-
ous to the first day of June in the year 1838, the said Associate Congregation
of Cambridge, also greeted and built upon the said premises so acquired by
them as aforesaid, the necessary sheds and other out-houses for the accommo-
dation of the members of the said Associate Congregation and other persons,
attending divine worship at said Church Edifice or Meeting house, so erected
and built by said Associate Congregation as aforesaid. And that previous to
the day and year last aforesaid, the said Associate Congregation also erected
and built upon the premises aforesaid, a suitable dwelling house with the ne-
cessary out-buildings connected therewith, for the use and occupation of the



Online LibraryWilliam StevensonIn chancery: before the Chancellor of the state of New York → online text (page 1 of 43)