[Text from NYC-RNA_v1_bk4_486,487,488,[489 missing],490,491,492. Presented here for continuity. NAHC]
Monday the 24th January 1656. In the City Hall. Present the W. Heeren Cornelis van Tienhoven, Allard Anthony, Oloff Stevensen, Johannes Verbrugge, Jacob Strycker, and Jan Vinje.
Jacob Steendam and Paulus Schrick, pltfs v/s Warnaer Wessels, deft.
Deft. in default.
Dirck Teunissen, pltf. v/s Gabriel de Haes, deft. Pltf. demands payment of fl. 6. Deft. says, he does not refuse payment, but claims from the deft. (?) satisfaction for rent, as the deft's (?) cattle remained about one month in his stable. Pltf. denies that he hired the stable, saying that his cattle stood there only 5 days. Burgomasters and Schepens refer the matter in question relative to the stabling of the cattle to Egbert Woutersen and Geurt Coerten to make parties agree thereupon or to report to the Bench.
Roeloff Jansen, Mason, pltf. v/s Egbert van Borsum, deft. Pltf. says, he worked last year for deft. and complains, that he cannot recover his pay, saying also that he did more work, than he was bound by contract to do. Requests, therefore, that deft. shall be condemned to pay him according to contract and for his extra work. Deft. and wife appearing in Court say, they deft. not refuse pltf. his money; acknowledge, that something is still due him, but inasmuch as he has not finished his work, they maintain they owe him nothing. Offer to pay him for what he has done beyond his contract. Parties being heard, the Court refer parties to two arbitrators, to wit; Jan Gerritsen, Mason, and Cristian Barentsen to inspect the work done, how near pltfs contract is finished and how much over he has done; also if possible to make them agree, or in default thereof to report to the Board.
Abram Jacobsen. and Jan Hendricksen, Smith, pltfs v/s Egbert van Borsum, deft. Pltfs demand payment of a balance of eleven beavers for wages earned at defts house. Deft, and wife appeared in Court, acknowledge the debt, but as Jan Cornelissen undertook the work and he by account still gives them the eleven beavers, requests that they might sett off the same against that; maintaining that they are not bound to pay pltf. Parties being heard, the Court decide, that nothing can be done in this matter until Jan Cornelissen, who alone undertook the work shall be heard. Therefore pltfs are ordered to summon the aforesaid Jan Cornelis, against the next Court day.
Cornelis Schut, pltf. v/s Lourens Corn. vander Wel, deft., demands, pursuant to the order of the last Court, that deft. shall declare on whose a/c be delivered the two barrels of meat to skipper Waterhout, and that the Court shall then please to pronounce judgment between him and the skipper. Deft. Lourens Cornelis vander Wel appeared in Court, declares that skipper Pieter Dircksen Waterhout came to him to buy meat in the name of Cornelis Schut, and that he bought and received two barrels of meat for 12 beavers from him on a/c of Corn. Schut; but says, that he has meat to sell himself, as well as for Cornelis Schut's a/c. and it was all the same to him on whose a/c Waterhout has received the same; offers to pay Waterhout in meat or Zeewan, as the same circulates here, whatever may belong to him. The Court having paid attention to the declaration of Lourens Cornelis vander Wei, order that skipper Pieter Dircksen Water bout shall allow Schut the 12 beavers, which he has received in meat from Skipper Lourens; and should he, Waterhout, think he has any action against Lourens Cornelis, he may institute the same against him.
Symon Joosten, pltf. v/s Claes Jansen Ruyter, deft. Pltf. demands payment of fl. 37. 15 for disbursements according to a/c. Deft's wife appears in Court, acknowledges the debt, but says she has satisfied it by an assignment on Jan Hendricx, which pltf. was to receive from him in tobacco. Pltf. replies: he has never been satisfied, nor ever agreed to receive payment from Jan Hendricx. Therefore the Court orders deft. Claes Jansen to prove, when and how pltf. was paid, or in default thereof to satisfy him.
Symon Joosten, pltf. v/s Dirck Holgersen, deft. Pltf. demands payment of fl. 49. 14. for disbursements in the year 1654. Deft. acknowledges the debt; says he cannot pay at present, requests time. C. van Tienhoven, being present in Court, remains bail for the payment by deft. in six weeks. Therefore deft., or in his default, the bail was condemned to pay within six weeks.
Symon Joosten, pltf. v/s Roeloff, the Mason, deft. Pltf. demands payment of 19 fl. 18. for monies disbursed. Deft. acknowledges the debt; promises payment as soon, as he is satisfied by Egbert van Borsum. Parties being heard, the Court condemns deft. to pay pltf. within one month without exception.
Symon Joosten, pltf, v/s Jan Hendricx, deft. Pltf. exhibiting judgment pronounced by the Court of Breukelen against deft., requests that the Court may be pleased to oblige the deft. to pay, according to sentence. The Court having seen the aforesaid judgment refer pltf. to the Honble Director General and Supreme Council.
Johannes Nevius, pltf. v/s Pieter van Couwenhoven, deft. Pltf., as attorney for his father in law Cornelis d'Potter, demands payment of a balance of fl. 283. on a/c of Lyntie Martense, for which the deft. bound himself. Deft. acknowledges to have promised to pay Cornelis d Potter, on condition, that the grain for it should be delivered him; but inasmuch as the grain etc. has been destroyed in the troubles with the Indians and not been delivered to him, and as Cornelis d'Potter by act dated 19 September 1654 has promised to indemnify, at all times, the bail for all losses and interests, which should occur through fire, robbery or other unexpected accidents both on the lands of deceased Jochem Piet. Kuyter and crops thereof, he maintains that he, deft., is not bound to pay. The Court having examined and heard the demand and answer of parties, together with the indemnity-bond, granted by d'Potter and produced by deft., find that pltf. is not sustained, because the claim arises out of the agreement about the farm of Zegendael (Blessed Dale), and Cornelis de Potter has promised to be security and consequently to indemnify deft., at all times, for all damages and unexpected accidents which might happen to the said farm or its Crops; and now in this last disaster it has occurred, that the grain etc has been destroyed, from which the deft. was to have been paid, therefore is pltf's demand against deft. denied.
Pieter Jacobs Marius, pltf. v/s Jacob van Couwenhoven, deft., demands payment of a balance of fl. 2864. 6. according to a/c. Deft. being sickly is absent, and whereas now is the 2nd default, and pltf. requests quick despatch thereon, the Court orders, that copy of the a/c shall be granted to deft. to answer thereunto by next Court day, on pain of being deprived of further right in the case.
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David Frere, pltf. v/s Adriaen Keyser, deft. Deft. in default. Pltf. appears in Court demanding payment of fl. 192. and whereas deft. has been summoned three different times and still remains in default, requests that the goods, being clothes, left in pawn therefor, shall be sold by execution. Inquiry having been instituted by the Court, they find, that deft. has been twice in default, but that it was expected, each ordinary Court day, that; parties would have come to an agreement. Therefore only one default is decreed.
Goert Loockermans, pltf. v/s Aert Willemsen, deft. Pltf. persists in his aforesaid demand for restitution or payment of the kedge and rope of his scow. Deft. persists in his aforesaid answer, exhibiting certain declaration made by Tryntie Hendricx and Jan Swaen, written by Matys Capito, which being perused by the Court, it was decided, that said declaration cannot serve to refute pltf's demand: they have, therefore, condemned deft. Aert Willemsen to restore to pltf. the kedge and rope, which were delivered with the scow, or to pay therefor on the valuation of arbitrators nominated thereunto by themselves, saving the recourse, which he considers he may have against those, who appropriated the rope and kedge.
Tomas Griddy, pltf. v/s Herry Breser, deft. Both in default. Nicolaes Verleth appears in Court stating, that the Director General, to whom was referred the question relative to the goods purchased from the Indians by Helletie Jansen, has referred him back to the Court; and whereas he thus cannot arrive at any termination, requests that the Bailiff be authorized to levy execution. Therefore on the judgment of sequestration the Court endorses:—At petitioner's request, the Bailiff is authorized to levy execution in the preceding judgment.
Burger Jorissen's wife appears in Court relative to the matter in dispute with Griddy, producing declaration of what was left on the bouwerie: wherefore was endorsed :—Ordered by the Court that Thomas Griddy, not being summoned and absent, copy hereof shall be communicated to him, to answer thereunto by the next Court day.
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Regarding the matter in question between Adriaen Keyser and Jacob Haey, the Fiscal, being present in Court, requests, that Adriaen Keyser shall appear personally in Court, at the next Meeting. It is, therefore, ordered, that A. Keyser shall personally appear on next Court day.
On the request of Jan Jansen van Breeste, cooper, relative to the barrel-stamp, which Rynier Rycken brought out from Holland for him and was referred by the Honble Director General and Supreme Council to Burgomasters and Schepens, is endorsed:—Inasmuch as the stamp, which Rynier Rycken brought with him from Fatherland, is here required for the common use of the City, the public cannot therefore be incommoded for individuals. Petitioner's request is, therefore, denied.
Daniel Teneur appeared in Court relative to the judgment against Paulus Leendert van Grift. Ordered that the comparant shall take a copy of the judgment, and cause the same to be instituted and summon.
The Schout Cornelis van Tienhoven proposes orally:—
1. Whether the Burgomasters and Schepens do not deem it necessary, as the time is near for the nomination of succeeding Burgomasters and Schepens, that a day be fixed for assembling therefor. And that, in the meantime, each should of himself make out a nomination without communicating the same to any body else, to propose the same on the appointed day?
The Burgomasters and Schepens resolve, on the proposal of the Schout;
1st That a meeting shall be held on next Tuesday to make the nomination; and that each one shall form his particular conclusion thereon, without having any communication with others, then to propose the same.
2. Since there is no money at present in the City Treasury, to disburse therefrom what the Burgomasters and Schepens should yearly receive as a salary, if it be not advisable to open a city account, and place the same to their credit, to be paid from the Treasury when circumstances permit?
2nd is resolved :—
To open a city account and place to the credit of each the yearly allowed salary, to be paid from the Treasury, when circumstances permit.
Done, as above in the Court aforesaid.
Verbal Propositions made in Court by the Honble Burgomaster
Allard Antony.
I. Whereas the Honble General has proposed to him, that it is highly necessary to divide the Old Graveyard, which is wholly in ruins, into lots to be built upon, and to make another Graveyard, south of the Fort, and to remove the houses standing there, on a valuation, what resolution should be taken thereupon? *
The Burgomasters and Schepens decide on the
1st That it is highly necessary to establish a Graveyard at another suitable place, or to put it in good order where it now is: but that it is not, at present, advisable to throw down the houses, south of the Fort and to locate it there. But it was considered, that it would be better, west of the Fort, in the neighborhood of the Windmill, where there is a good hill clear of timber.
2. Whereas the church in the Fort is more and more out of repair, without any thing having been done to it, and the Honble General is at present the only Churchwarden, if it be not advisable that a new Churchwarden be appointed and the Honble Gen'l discharged?
On the 2 was decided
That 4 persons be proposed by the Burgomasters to the Honble General and Council, to select and commission two therefrom as Churchwardens.
3. Whether it be not advisable to ask the Honble General for the bell, which stands idle in the Fort, either as a present or on valuation, to hang it, and make use of it, at the City Hall?
On the 3 was decided
It is necessary, and the Honble Allard Antony shall speak on the first opportunity, to the Honble General, and promote its accomplishment.
* The old graveyard on the West side of Broadway, a short distance north of the present Morris Street. It covered 100 feet square and in 1665, and will appear in a later volume, it is represented as in a shamefully dilapidated condition.—B. F.
