New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-08
La " INTELLIGENCE
OPINION

Of NE Hon ALFRED CosKLISG IN ne matter 9C@e rue
Of the state of Ne7r York 10 the Kings Farm, nor
N he possession et Trinity Church.
l. The rst question is whether Trinity Church has ever
acquired by actual grant valid title to the lands IN con-
royersy They originally belonged TO James, Duke OF
York afterward King james II, and from him took the
name of the Duke Farm. Under this name before ms
accession to the throne they leased by the Colonial
Governor Andros in the year to Seekners for the
term of twenty years. After the Duke became King,
they were called the Kings Farm, and thenceorth
regarded and treated the property of the Crown retain
inc the name of the Kings Farm until the accession of
Queen Anne, when they took that of the Queens Farm
Ii was only from the Crown OF England therefore, that,
anterior to the Revolution vad title by grant could be
acquired. FL
Trinity Church incorporated in May, 1907, and its
connection with this property originated IN lease 10 the
Church from the Colonial Governor, Fletcher Tor the
term of seven years roserying of sixty bushels of
wheat per annum and bearing date the 10Th OF August
1907. This act of Governor Fletcher for The term OF
seven years well several other grants made by him.
was dirapprOved by hs sovereign, As exravagan ana
at his instance, and in pursuance OF his command al
dressed To Lord Belmont the successor OF Gov Fletcher
the Colonial Assembly passed act in May, 1899, two
wears after the Of this lease, by which several
grants in the mentioned, this being one were declared
null and void and the act expressly prohibited any
future grant b. Colonial Governor for any term of time
extending beyond that OF his office.
Three years atterward, in May 1904 Governor Corn
bury leased the Kings Farm Trinity Church during the
continuance of his Office reseryng rent OF sixty bushels
of wheat per annim
In this year the prohibory act Of 1929 was repealed by
the Colonial Assembly In 1904 Trinity Church leased
the premises George Ryers for five years at rent sf
$50 per annum Tie execution this suitcase is the
first of dominion the Church is known to have exer-
cised the property in question. Ii not strictly
warranted because the duration of its term depended
the continuance of Governor Cornbury in office which
might by his death removal before the expiration
of five years. This lease nevertheless, valid subject
this contingency and Ryers entered into under
IT, During the pcndencyo the lease Ryers the Church
received Governor Conbury and is understood
10 hold among its munments Of title, what purports in
terms be letters patent for the King Fas bearing date
Nov 90 1905 and on the trial Of suit instituted against
n hy Ninth claiming
Of the premises IN the year lo4 this instrument
was produced by the Church. to maintain its claim to the
whole property in severaty Ii bore the seal of the col
nv and purpored to be witnessed by Governor Cornbuy
but did not bear his signature IL purpoed TO be grant
in fee and reserved rent of three shilngs per annum
and il il understood TO be relied by the Church %
the sole basis of the title the premises in ques
ton; as such il treated the trial above mentioned
The Church felt itself obliged nevsheess TO set up its
actual possession bar las in suit In behalf OF the
State would doubtless again do and being therefore na
turally DESTROYS of avoiding the legal consequences OF
possession having its inception IN lease tor years
ion Of the Kings Farm, and has since possessed
il under and in virtue of the letters patent. II, how
ever the grant of 1905 in itself valid the Church
is under no necessity Of resortng TO its adverse
possession for protection Let us whether this grant
was valid II is the repeating act OF 1893 had been
repealed by the Provincial Assembly in 1902 What were
the motives to the repeal far as am informed, does
not appear. But considering that only three years had
elapsed the enactment Of the law, that had been
passed the express dctaton of King William and that
the act concerned the Crown lands which the reign
ing Sovereign had exclusive control the repeating act
seems say the least TO have been step Of very extra
ordinary and questionable character the part OF the
Colonial Assembly Conceding that Of this Assem-
bly, though always passed subject to the dissent OF the
Crown in general doubtless operative until dsaP
proved there must necessarily have been limits to this
rule or the rights and even supremacy of the Crown
would have been in constant danger and without strong
evidence the contrary should b. OF opinion that this
repeating act ought 10 be exception to the rule But
was in fact dsapproved and annuled by Queen
Anne by an order in council Of June 90, 1903, and
the repeating act Of 1899 was formally approved
and confirmed. IL said by the vice-Chancellor
in the case Of Bogardus VS.. Trinity Church. already
alluded that rights acquired under statute are not alb
rogated by repeal This may be conceded general
principle and it is quite unnecessary to conrovert the
oundess Of the Vice Chanceors conclusions relative TO
the hypothetical cited by him illustration this
principle But Of opinion that the principle wholly
tnappcsbe the under consideration. In my judy
men the Crown had objectionable right 10 make the
grant of 1906 and this understand the language Of
the order in council designed to be done, and
done by Queen Anne doubtless would have been done
by King William, had he lived long enough TO have /,
brought under his consideration The order in council
the Lord Commissioners Of Trade and Plantations him.
just before his demise, and the interruption incident TO
that event may serve to account for portion Of the
delay that occurred IN the repeating act Of 702
This order in Council simple act Of prospective
repeal II Is clearly retrospective in terms as it WAS un
questionably in point Of intent Her Majesty says the
order, with the advice Of her Privy Council approving
the said representation pleased declare her dsappro
baton and disalowance Of the said act entitled &c,
and according to Her Majesty pleasure herein sgnhed
the acts hereby repealed and declared null and void
and Of effect And with regard to the act Of 1899,
vscang exrsyagan, grants made BY Governor Fletcher,
and fobddng future grants except for the Govcrnors
term Of Office the language Of the order equally explicit
II is not reenactment Of this act but an express
ratification and confirmation Of it. And Her Majesty,
continues the order is further pleased to declare hsr E
probation and allowance Of the said act, entitled ~ =.
thereupon signifed. The said act hereby e0nn'meo
" and finally enacted and ratified accordingly.
Gan n hs doubted that Queen Anne designed 70 annui
ali grsns made 10 the scf Of 1903, inconsistent
az -. .~;s,r., Ert n Any such doubt shoad re-