[Text is continued in NYC-RNA_V1_bk4_470,471,472,473,474,475. Presented complete here for continuity. NAHC]
Monday, the 10 January 1656. In the City Hall. Present the Worshipful Heeren Cornelis van Tienhoven, Allard Anthony, Oloff Stevensen, Joh. Van Brugge, Jacob Strycker, and Jan Vinje.
Allard Anthony, pltf. v/s Francois Doudey [Douthy], deft. In case of arrest for the sum of fl. 135. 3. 8. in tobacco, besides inspection and weighmoney. Deft. acknowledges to owe as much, as the a/c shews, which was delivered to him by pltf. Maintains he is not bound to pay in tobacco, but says, that he promised to satisfy with this years crop of tobacco. Requests time until he can bring the tobacco here from Flushing; or offers to pay now, down, in ordinary pay, being Zeewan; or to give bail to deliver the tobacco here on the first favorable weather that breaks up the Kill near Flushing. Parties being heard, the Court have pronounced the arrest valid, until deft. shall give sufficient bail for the delivery of the aforesaid tobacco, to deliver the same here on the first favorable weather, as proposed, or within a month from date.
Tryntie Heymans being summoned by the Court to the meeting relative to Tryntie Jacobsen's claim, according to petition, for fl. 9. for wages and monies disbursed, appeared, acknowledged to owe fl. 9., promising to pay the same this week. The Court therefore orders, that Tryntie Heymans shall pay Teunis Jacobsen the aforesaid fl. 9. forthwith, without delay or exception on pain of immediate execution.
Luycas Eldertsen, pltf. v/s Carsten Jansen, deft. On a question of rent, which pltf. demands and deft. says he does not owe. Parties being heard, the Court refer them to two impartial persons, whereunto were requested and commissioned Tomas Hall and Abraham Verplanck who are hereby authorized to decide the matter, after examination, as they shall find to consist with equity, or in case they cannot reconcile parties, to send in a written report to the Board.
Cornelis Schudt, pltf. v/s Joost van Beeck, deft. To explain by order of the last Court day, why he forbade Willem Beeckman to pay him pltf. (according to his power of attorney), what he owes Johannes van Beeck dee. Deft. appearing in Court answers, that he did not forbid Willem Beekman to pay Cornelis Schut, but that he should not pay the Widow Maria Verleth and says, he is content that Willem Beekman should pay Com. Schut, what he owes Joh. Van Beeck dec'd Therefore the W. Court orders Willem Beekman to pay Com. Schut, according to his offer last Court day, what he might owe to Johann: van Beeck dec'd.
Teunis Kraey, pltf. v/s Jacob van Corlear, deft. Deft. in default. Pltf. appeared in Court to state that he has arrested deft. here within this City and complains that he went away notwithstanding said arrest. The Court granted default.
Isaack de Foreest, pltf. v/s Dirck van Schelluyne, deft. Pltf. making his demand orally, requests payment of fl. 412. 10. in beavers for sale of his land in the village of Midwout according to contract, inasmuch as deft. has twice resold the aforesaid land. Deft. persists in his aforesaid written answer and hands in, besides, a statement to the Court, acknowledging orally that he sold the aforesaid land, which was assigned by the first purchaser to him, to whom it was again sold and he has received the first instalment from the same. The Court having heard and examined the oral demand, and the oral and written answer and deduction of deft. together with the contract, find that the aforesaid land has been twice sold since the first purchase by the deft. and disposed of without making any distinction. They, therefore decide, that the exceptions alleged by the deft. cannot avail, and consequently have condemned deft., D. van Schelluyne, to pay the last instalment, according to contract, as soon as the pltf. shall have executed the conveyance, and that in good merchantable Zeewan; inasmuch as it does not appear, that pltf. has offered, or executed unto deft. the conveyance, according to contract, when the last instalment fell due.
Pieter Dircksen Waterhout, skipper of the ship, New Amsterdam, pltf. contra Cornelis Schudt, Merchant here, deft. Pltf. making orally his demand, requests payment of freight, amounting to the sum of fl. 274. in beavers, for goods brought by aforesaid ship and delivered to deft. according to the bills of lading thereof. Deft. answers: that he acknowledges to stand indebted to the aforesaid skipper, as pltf. in the sum of fl. 274. for freight and board as well of merchandize as for passage of the Cooper and Martin Albertsen; maintaining not to owe the aforesaid sum in beavers, but truly in such current money as passes here, which is Zeewan and which goes, in payment, between man and man: Offers to pay in Zeewan, on condition that he shall deduct all such loss and average as have been suffered in his liquors. The Court having heard the demand and answer of parties, together with the claims and allegations on both sides, find that the skipper is founded in his demand, inasmuch as it has been the custom in this country, from the time that private persons have traded hither, that all freights must be paid to the skippers in Beavers at the market price; the rather as no money circulates in this country among the common people but Zeewan, being beads that must be traded with the Indians, and a year and a day can expire before beavers are bartered therefor. Also that it is inconvenient for the skippers to wait with vessels for that return, and to discourage the freighters and skippers to send vessels with freight to this country, the aforesaid ancient custom cannot derogate, for the profit of private individuals, to the prejudice of the Commonalty. Therefore they condemn deft. to pay pltf. his demand in beavers according to the custom in usage in this country, on condition, that the skipper deduct such damage as he, the deft. shall prove his goods have sustained in the aforesaid ship by neglect of the skipper or his crew. Done etc.
Adriaen Blommart, pltf. v/s Tomas Hall, deft. Pltf. persists in his demand made on the last Court day, requiring from deft. payment of fl. 5300, which belong to the heirs of Jan Darnen dee. Deft., Tomas Hall answering in writing, to the demand and judgment of deposit, says, that there are, besides him, three other curators, who ought as well to be spoken to and are as accountable as he; maintaining, that the action does not concern him in particular and that he is not bound to vindicate, exhibiting the procuration, which the heirs gave them; but says he is ready, with the other curators to give pltf., in his quality, proper account, exhibition and satisfaction of their administration, on condition, that they shall give them a full acquittance. The Court having heard the demand and the offer of deft. order the parties, on both sides, each to choose an arbitrator, to examine, with all diligence, the a/cs. and if possible to settle the same and then to grant full acquittal.
Lysbet Tyssen, pltf. v/s Jan Cornelissen, deft. Pltf. demands balance of eleven guilders, being the first half years rent and says an agreement has been made for fl. 70. for the second year to next May, which must be paid every half year, and now a full half year is due and she has not yet received any money. Deft. acknowledges the debt; says he has not refused the rent. Complains, that the roof etc are not tight nor tenantable. Pltf. replies, if deft. has experienced any damage or injury in the house, he must have it repaired or still repair it, and bring the same in a/c as deduction from the rent, as he has done with other things, or pay her what she had caused to be done. Parties being heard the Court condemns deft. to pay pltf., without delay, the rent due, and if any repairs be necessary, pltf. shall have them done according to contract.
Mary Geraerdy, pltf. v/s Andries Hoppen, deft. Deft. in default.
Paulus Heymans, pltf. v/s Wolfert Webber, deft. Pltf's wife appears in Court, exhibiting the written request and demand of her husband relative to certain grain belonging to her, which is at deft's house. Deft. Wolf. Webber answers, that about 8½ skepels of wheat, 1½ skepels of barley, 1½ sk. of white peas, and ½ skepels of gray peas, have been got from pltf's straw; declaring on his word, as a man, that no more has been obtained therefrom. Denies what pltf. states in the written demand relative to certain agreement. Requests proof. Pltf. undertakes to prove, that more grain was thrashed from her straw, than deft. admits, whereunto time was allowed her to the next Court day.
Auke Jansen, pltf. v/s Paulus Verbeeck, deft. Both in default.
Jan Rutgersen, pltf. v/s Broer Jansen, deft. Both in default.
Govert Loockermans, pltf., v/s Arent Willemsen, deft. Deft's wife appeared in Court with pltf. and whereas deft. is here well and in good health, Default was granted against him and it was ordered that he appear in person.
Hend'k Jansen, pltf. v/s Jan Evertsen Bout, deft. Deft. in default.
Wolfert Webber and Catalyntie Verbeeck appeared in Court relative to the two books, which are deposited with the Secretary and mutually request the Court to be pleased to grant decision on the same. Webber requests, that the books be given to his daughter, as the Indians presented them to her, when in Captivity, and she carried and dragged them a long time over and hither. Catalyntie Verbeeck requests, that the two books be given to her as they belong to her according to the handwriting therein, being prepared to make good the four packs of cards which Webbers wife gave for them. She likewise proves by declaration of the widow of Adriaen Van Donck, deceased, that they are her books, which the Indians took from Ver Donck's house. The Court having heard and examined the allegations on both sides and the proofs exhibited by Catalyntie Verbeeck, decide that the two books in question being two old Bibles of small value, belong to Catelyntie Verbeeck and shall be given to her, on condition that she previously shall pay and give to Webbers daughter the sum of five guilders for the carrying of, and incurred trouble with, the said Books.
Jacob Barsunsom appeared in Court; complains that Maryn Luyckessen, who was condemned, on the last Court day to pay him, offers Zeewan which he can [not] dispose of. Requests, that the Court be pleased to order as they shall find equitable. On the request of the Comparant the Court has ordered Maryn Luyckesen to deposit the money within 24 hours with the Secretary, on pain of Execution.
Adriaen Keyser appears in Court requesting the despatch of the matter in question between him and Jacob Haey. Schout Tienhoven says, that the copy of the decision was first given him, according to order on the evening of last Saturday, and therefore he has not answered it. The matter was, consequently, postponed to the next Court day.
Nicolaes Verleth appeared in Court about the. goods, which Helletie Jansen should have deposited pursuant to the order of the Court. Petitioner was referred to the Honble Director General, who promised for Heletie Jansen to help petitioner to his goods.
Engeltie Hendricx appearing in Court complains, that she cannot yet obtain the balance of her wages from Joost Van Beeck. Whereas the Court was informed that she, the petitioner, was satisfied according to the judgment, it is ordered, that enquiry shall be made into the matter and care taken that petitioner shall obtain what belongs to her.
On 11th January Maryn Luyckessen deposited, according to order, and for the behoof of Jacob Barsinsom, one beaver and fl. 48. in Zeewan.
On the 12th January Jacob Barsinson accepted and received the beaver and Wampum.
On the above date, Catalyntie Ver Beeck deposited the fl. 5. according to order for the bibles, and took them with her.
On the 13th January Webber accepted and received for his daughter the fl. 5. deposited for the books.
