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History of Orange County
Town of Newburgh
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It was further proved that in 1803, Hugh Walsh and Levi Dodge, as trustees of the parish of Newburgh, together with about one-third part of the freeholders and inhabitants of the said German patent, presented a petition to the legislature, requesting certain amendments to the said charter. In consequence of this petition, which was publicly known on the patent, the legislature passed an act, on the 6th of Aprill 1803, entitled “An act to alter and amend the charter of the glebe land in the German patent, in the village of Newburgh;” the material part of which is, as follows:
“Whereas a glebe of five hundred acres of land, situate in the town of Newburgh, and county of Orange, was granted by letters patent, under the great seal of the then province of New, York, on the 26th day of March, one thousand seven hundred and fifty-two, to Alexander Colders and Richard Albertson, and their successors, as trustees of the parish of Newburgh, and to the inhabitants then living on the German patent, for the support of a minister of the church of England, as then by law established, and a schoolmaster, to have the care of souls, and the instruction of the children of the inhabitants of the German patent: And whereas there now is not, nor has there been for several years last past, any such minister in said village: And whereas Hugh Wish and Levi Dodge, trustees of said parish, together with the inhabitants said patent, have by their petition prayed that the said charter be by law altered and amended, so as to meet their interest and convenience; Therefore, Be it enacted, &c., that it shall and may be lawful for that inhabitants residing on the said German patent, who shall have a right to vote at the annual town meetings, to meet together in the village of Newburgh, on the second Tuesday of May next, at some proper place, to he appointed by any justice of the peace within the said village, and notified to the inhabitants of said patent, at least one week previous to the said second Tuesday of May, and then and there to choose, by a plurality of votes, three persons, inhabitants of the said patent, to officiate as trustees of the aforesaid glebe, who shall hold their offices for one year and until others be chosen in their stead; and the said trustees so chosen shall have the like powers to do, and the like duties to perform, as the trustees of the parish of Newburgh have heretofore been possessed of and done; and such Justice shall preside at such meeting, and shall declare the persons having the greatest number of votes, as duty chosen trustees; and on every second Tuesday of May, after the first election of trustees, there shall in like manner be a new election for trustees of the glebe, and the trustees for the time being shall perform the several duties required from said justice, in respect to notifying the meeting of the inhabitants of said patent, and presiding at such election.
II. And be it further enacted, that the monies arising from the annual income of the glebe, shall forever hereafter be appropriated solely to the support of schools on said glebe; that the sum of two hundred dollars of such monies shall be paid on the first Tuesday of May, in every year, by the trustees of the glebe, to the trustees of the academy at Newburgh , who shall apply the said sum of two hundred dollars, solely to the use of schools taught in said academy; and that the remainder of the money arising from much annual income, shall be paid to the trustees of the other schools which are, or may hereafter be, established on the glebe, in such manner, and in such proportion, as the inhabitants aforesaid, from time to time, shall order and direct. Provided always, that if, at any time hereafter, a minister of the episcopal church shall be inducted on said patent, as nearly in conformity to said charter as may be, then it shall and may be lawful for the said trustees of the glebe to pay annually for the support of said minister, such proportion of the monies aforesaid, as shall be reasonable, according to the true intent and meaning of said charter.”
A majority of the inhabitants on the said patent, elected three trustees, in pursuance of the said act, and these trustees and the defendant hold the premises in question. The lessors of the plaintiff further offered to prove, that the persons whose names were recited in the said act of 1803, as trustees, were not of the parish of Newburgh, at that time, and that neither a the said Hugh Walsh, or Levi Dodge, nor any persons, as trustees, had ever executed any deed of surrender, before or since the passing of the said act, which testimony was overruled by the judge.