16 Mass. 16 | Mass. | 1819
We think it very clear that the fund, of which
* The property, to be divided between the towns, was [ * 18 J that which had been acquired by the money of the town, and which belonged to it in its municipal character. The ministerial land belonged to it quasi a parish, and is to be appropriated only to parochial uses.
It should be considered that the liability of Bridgeton to support a minister is not removed by the separation of a part of the territory into a new town, although the amount of taxable property may be thereby much reduced. It would be hard indeed, if, by a voluntary secession of a part of a town, in addition to the increased burden, the property which the original grantor had destined to aid in the support of a minister, should be taken away; nor can we think that the legislature so intended in the case before us
Plaintiffs nonsuit
[Brown vs. Porter, 10 Mass. 93. —Jewett vs. Burrough, 15 Mass. R. 464. —Austin vs. Thomas, 14 Mass. 333. —Shapleigh vs. Gilman, 13 Mass. R. 190. —Dillingham vs. Snow, 3 Mass. R. 276. 5 Mass. 547. -Medford vs. Pratt, 4 Pick. 222. —Brunswick vs. Dunning & Al., 7 Mass. 445. —Baker vs. Fales, post, 488. —Eager vs. Marlborough 10 Mass. 430. —Milford vs. Godfrey, 1 Pick. 91. —Ed.]