[Text is continued in NYC-RNA_V1_bk4_466,467,468,469 . Presented complete here for continuity. NAHC ]
ANNO 1656.
Monday the 3 January. In the City Hall. Present the W. Heeren Cornelis van Tienhoven, Schout, Allard Anthony and Oloff Stevensen, Burgomasters; Jacob Strycker and Jan Vinje, Schepens.
Johannes Withart, pltf. v/s Cornelis Schellinger, deft. Both in default.
Cornelis Schudt, pltf. v/s Willem Beekman, deft. Pltf. as attorney of Sieur Nicolaes van Beeck according to procuration passed before the Notary Will. Hansen at Amsterdam and certain witnesses, dated 12 March 1654, demands in the aforesaid quality payment of what deft. owed upon an a/c to Sieur Joh. Van Beeck, dec'd Deft. says, he is willing to pay unto pltf. in his capacity aforesaid whatever balance he owes, but as Sieur Joost Van Beeck forbade him to pay any person except himself, he therefore requests that the Court would be pleased to order to whom he should pay. The Court orders pltf. Com Schut to cause Joost Van Beeck to be summoned by the next Court day, to give reasons, why he interdicted Sieur Beeckman from paying pltf. in his quality aforesaid.
Jacob Steendam, pltf. v/s Adriaen Woutersen, deft. Pltf. says, he sold a house and lot to deft. as described at public sale, and that deft. requires now more length and breadth, than are mentioned in the conditions; requesting that he be condemned to pay according to the conditions. Deft. excepts; demands copy of the terms of sale. The Court granted deft. copy of the conditions, to answer thereunto by the next Court day.
Adriaen Blommart, pltf. v/s Tomas Hall, deft. Defts. 2 default.
Pltf. appears in Court according to procuration given to him by the heirs of dec'd. Jan [Jansen Damen] before the Notary Jan van Veckhooven at Utrecht and certain witnesses, dated 10 March 1655, to recover and receive what belongs to them by inheritance; and whereas the aforesaid Hall is Administrator, requests that he shall be condemned to hand over and pay the monies, which are mentioned in the said procuration as belonging to the heirs being, according to the list, to the amount of fl. 5300. The Court having seen the aforesaid procuration and specification of the inheritance, have condemned deft. Tomas Hall, as administrator of the effects of Jan Jansen Damen dee, by virtue of the 2 default, to deposit the demanded sum at the Secretary's office of this City within the term of 14 days. Done, as above.
Isaack de Foreest, pltf. v/s Dirck van Schelluyne, deft. Pltf. persists in his aforesaid presented demand, that deft. be condemned to pay, the rather as he deft. sold the said land twice and received payment therefor. Deft. Schelluyne, being absent, causes a written answer from him to be delivered. The Court granted default against deft. Dirck Schelluyne, and ordered that the messenger summon him, in the Name of the Court to appear personally by the next Court day, he being in this place, when final disposition shall be made in the case.
Styntie Harmans, pltf. v/s Jacob van Couwenhoven, deft. Deft. in default. Pltf. appears in Court prosecuting the arrest placed in the hands of the executors of Kees van Dort dec'd for her wages earned from Couwenhoven, being a balance amounting to the sum of fl. 33½. The Court provisionally declared the arrest valid by right of contumacy and orders pltf. to have the deft. summoned once more.
Jacob Barsunsom, pltf. v/s Maryn Luyckersen, deft. Pltf. says, he gave deft. twelve pairs of shoes and one beaver to purchase butter for him therewith, at the North; to wit at the rate of 10 lbs. of butter for one pr of shoes, or to return the same. And whereas deft. has sold the shoes there and will deliver him, now, only fl. 3. per pair, and he could easily have sold the same here at fl. 4. requests delivery of butter or restitution of goods. Deft. acknowledges to have received the twelve prs shoes and I beaver to trade away, for pltf., for butter or wheat at the North, without fixing a price; saying he received no butter therefor, and offers to pay pltf. in maize or zeewan @ fl. 3 per pair, and as he expended the beaver offers to give another in its stead, so that the difference only is to be calculated between 3 and 4 gl. the p. of shoes. Parties being heard, the Court condemns deft. to pay for the shoes in good Zeewan at 4 gl. the pair and to restore the beaver, inasmuch as he brought with him butter from the North, and has neither paid nor satisfied pltf. up to the present day.
Luycas Eldertsen, pltf. v/s Carsten Jansen, deft. Deft. in default.
Allard Anthony requests order of execution of the judgment against A. Keyser dated 13 Dec. 1655. Whereon was endorsed:—On the request of pltf., the Bailiff is authorized to execute the aforesaid judgment.
Sieur Paulus Schrick appeared in Court requesting order of execution of the judgment of the Court dated 8 September 1653 against Teunis Kraey. Whereon was endorsed:—On the request of pltf. presented in Court the Bailiff is authorized to execute the aforesaid judgment. Done, as above.
Adriaen Woutersen and Catalyntie Ver Beeck, his Wife, appear in Court requesting, that their two bibles might be delivered to them, which were bought by Webbers wife from the Indians and belong to them according to the hand writing therein, and which are deposited with the Secretary. The Court orders, that Webbers wife shall be called on to state by next Court day, what expenses and costs she incurred about the said books, when further disposition shall be made therein.
A: Keyser requests by petition quick [despatch] relative to the decision of arbitrators in the matter in question between him and Jacob Hay. Whereon was endorsed: Inasmuch as Schout Tienhoven has asked and still requires copy of the decision petition! is ordered to make a copy of the same and place it in his hands to answer thereunto in writing by the next Court day.
On the request by petition of Tryntie Jacobsen, relative to the debt of Paulus Heymans' wife, the Court Messenger is ordered to summon the said Tryntie Heymans in the name of the Bench by the next Court day.
The written report of the Bailiff, relative to the execution of the judgment against Luycas Eldertsen, the wife of Paulus Heymans and Gillein Jansen, made separately to the Court, being examined, it is resolved to postpone the execution to further order and opportunity.
The Schout representing orally in Court that the Commissioners had not as yet, pursuant to their appointment dated 29. Nov last, taken in hands the residuary property of Lyntie Martens; also that a negro was residing with the Widower of Lyntie Martens and working for him; that a certain number of hogs are straying wild in the woods in the neighbourhood of the bouwery, where she dwelt; all which is prejudicial to the creditors, whether preferred or concurrent, requests, that Burgomaster and Schepens dispose hereof as in duty bound.
The Burgomasters and Schepens, having heard the remonstrance of the Schout, say, the Secretary reports, that inventory is taken at the instance of the commissioners; and Secretary Kip was ordered to place copy of the inventory in the hands of the requirant, and with advice of the same, after perusal of the inventory, to give order for the catching of the hogs, which are straying in the woods, and to cause the negro to come hither; in order to hear then the requirant about the remaining creditors and each, whether he be preferred or concurrent, to do justice to as shall be found right. Done as above being 3 January 1656.
