The annals of Albany, Vol. III, Part 3

Author: Munsell, Joel, 1808-1880
Publication date: 1850
Publisher: Albany : J. Munsell
Number of Pages: 404


USA > New York > Albany County > Albany > The annals of Albany, Vol. III > Part 3


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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The Justices of ye Citty and County after they have vizited ye Citty's arrearages are aggreed and concluded, and doe Promise and Contribute thereunto from ye 14th of October 1696 to ye 14th of October 1697, as follows:


Capt. Gerrit Teunise for Catskill, £22


Mr. Hend. van Rensselaer for Colony, 10


Pr. Vosburgh for Kinderhoek, - 21


Johannes Glenn for Shennechtady, 11


£64


It likewise aggreed to ye following wood to ride between this and ye 15 January, 1797 : Patroon van Rensselaer, 160 for James Parker, £0: 12s


Capt. Gerrit Teunise, 120


idem,


12


Pr. Vosburgh, . - 140 .


66 12


Shennechtady, - 12


420


The City,- 1:10


£3:18s


Att a meeting of ye Common Councill ye 22d Jan. 1697. It is thought convenient by ye News of ye Peace that one or two houses be made upon ye hill, for ye Indians, as formerly, and Care shall be taken for to have ye Materi- alls ready to build in ye Spring by all ye Traders who doe any wise Pretend to ye same.


January 26 .- Whereas wee are informed yt Judge W. Pynehoorn, Coll. Pr. Schuyler, De G. Dellius, Mayor D. Wessels, & C. Evt Banker, have obtained from his Excell. Coll. B. Fletcher, &c., a Certain Patent for ye Mohoggs


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Country, one of ye five Nations, which ye Commonality takes as a great Prejudice to ye Citty and County. Upon which ye Common Council Desyred ye Recorder yt a gene- rall meeting should be held to have a right understanding of ye matter, who acquainted ye Mayor therewith; So ye Mayor appointed ye 28th of this Instant to hold a Com- mon Council.


January 28 .- Whereas ye Commonality in generall are sensible of ye Prejudice which ye Patent for ye Mohoggs Country will come to, have therefore thought convenient to Discourse ye matter with Coll. Pr. Schuyler, D. God. Dellius, and Mr. Wessells, who are three of ye Parteners in said Patent, to understand ye ground thereof; and to endeavor to have ye said Patent Resigned to this Citty ; whereupon ye aforesaid Pateners were sent for, but came to no conclusion, upon which ye Commonality Desyred ye mayor to appoint another day for them to convene, who appointed the 4th of Feb., 1697.


February 4 .- Whereas ye Commonality for ye 3d time doth Reply there grevance agst ye Patent for ye Mohogs Countrey to ye mayor, who is one of ye Patteners, where- upon ye Mayor advised ye Recorder to appoint a commit- tee to hold a conference with him and Col. Pr. Schuyler and D. G. Dellius, who are likewise therein concerned, who hath appointed Hend. van Rensselaer, Hend. Hanse, aldermen, Joh. Bleeker & Eghb' Teunise, assistants, are to returne a Report of there Proceedings.


February 7 .- Whereas ye Committee doe Returne that since they were Impowered by ye Recorder and Common- ality ye 4th of February 1697, to hold conference with ye three Parteners concerned in ye Patent for ye Mohogs Contrey and to Discourse ye same with them, though have had no meetings with them, being ye mayor Returned them on ye fifth instant, that Do. Gode. Dellius Reported yt he would doe nothing concerning ye matter, but would first acquaint Judge Pynehorn & Mr. Banker there Parteners, at N. Yorke, and then he would Consider; and yt Coll. Schuyler Reported yt he thought that said Patent was as safe in his hands as in ye Cittyes.


Upon ye Report of Coll. Peter Schuyler & Do. God.


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Dellius, concerning ye Patent of ye Mohogs Countrey, hath ye Recorder, Aldermen & Commonalty thought con- venient and very requisite for ye benefite of this Citty to appoint two men out of ye meeting, and have appointed Alderman Hend. Hanse, and David Schuyler Assistant, who shall goe to New Yorke from hence ye 15th day of ye Instant, and to apply there greevance by an addresse to his Excell. how Prejudiciall ye aforesd Patent will be to this Citty and County if it stands in force; wherefore they are allowed and shall receive each upon account of ye Citty ye summe of six shillings per day upon their owne charges, commencing ye aforesaid date till such time they are cald home.


February 17 .- Whereas Wee ye Recorder, Aldermen & Commonality of ye Citty of Albany are given to under- stand that Coll. Pr. Schuyler, Dirk Wessels, William Pin- horne, D: God: Dellius & Evert Banker, have to themselfs procured a Patent for ye Mohogs Lands (which wee doe forsee will be the utter Ruine to the generall trade and commerce of this Citty) Wee therefore Doe Constitute & appoint Henry Hanse & David Schuyler our agents to goe for Yorke, and Endeavor by ye most proper Meanes and applications Possible a Redresse so Destructive to the gennerall good of this Place, and whatsoever the said Henry Hanse and David Schuyler shall act and doe in this case, wee shall esteem it as done by ourselfs : given under our hands in Albany ye 17th day of February 1697, was signed by ye Recorder and all ye Aldermen and Com- monality except H. V. R. and Wessel ten Broek.


It is concluded yt ye agents shall go to New Yorke from hence ye 21st of ye Instant, from which time there Pay Runns on.


April 11 .- At a meeting of the mayor, aldermen, jus- tices of the peace and common council, it is resolved upon that the mayor and recorder shall at present make there address to his Excellency my Lord Balimont, and in thar name congratulate his happy arrival to the Government, and because many of them are absent and wanting out of the place, they will unanimously agree to congratulate his Excell. in the best form they can by there address in writing.


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Resolved upon, whereas wee expect ane order for pro- clamation of the peace, wee have ordered that it shall be done with all the honor or respect wee can, the charges to come upon the Citty and County, and in the mean time all persons are to clean the streets from fire wood and filth in the space of three days after the date hereof, under the forfeiting of all the fire wood and three shillings fine. It is likewise resolved upon that the Bonfire shall be made being the king's Coronation day, near to the old Fort, and in no other place.


May 7 .- The agents Hendrik Hanse alderman and Da- vid Schuyler assistant, appointed for ye Representing ye greevance of this Citty and Corporation unto ye Governor and Councill in N. Yorke, having laid before ye Common Councill ye Peticon they made to his Excell. Coll. Fletcher ye late Govr. & Councill & ye order thereupon as also ye addresse and petition to his Excell. ye Earle of Bellomont ye present governor, which was read and approved by ye whole board, and thereupon resolved that they will ef- fectually Prosecute ye said affair until they have perfect relieffe from ye violence and injury done them in taking ye Maquase Land from ye Indians, in Prejudice of ye In- dian Trade of ye said Citty, and doe hereby appoint Jan Janse Bleeker, Recorder, and Robt Livingstone, to attend his Excel. & Council in ye Pursute of ye same & to procure ye best Counsel they can have for there assistance, and ye charge that shall accrue thereupon shall be paid by ye Treasurer of ye said Citty out of ye Publick Revenue of ye same.


May 9 .- The mayor did represent to ye Common Coun- cill ye great trouble he dayly has in quartering ye. Souldiers ye People being so weary of them; and therefore desyres to know ye Common Councill's opinion whether it is not better to let ye Souldiers Remain in there old quarters till further orders, then to make a new quartering.


The Common Councill are of opinion yt ye Souldiers remain in there old quarters till orders from my Lord Bel- lomont, Gov. Gen., which is expected speedily.


Whereas it hath been resolved to Ride wood for ye building an Indian house upon the hills for ye accommo-


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dation of ye Indians, ordered that Capt. Johannes Bleeker, Myndt Schuyler, Joh. Roseboom, & Abr. Cuyler, doe pro- cure ye materials, cause ye same to be built, keep ye ac- count thereof, and then make an assessment upon all those yt make profession of Trade with ye Indians for ye same, which ye Constable are ordered to levy upon Pain of dis- tresse, & in Reguarde yt there will be some difficulty in Pitching of ye Place where ye sd house shall stand, ordered yt Mr. Hend. van Rensselaer, & Albert Ryckman, & Ben- oni van Corlaer doe lay out ye grounde where ye sd houses is to be sett.


The Common Councill have under there consideration a Patent granted lately by ye late Gov. Coll. Fletcher, of six miles square at Skakhook, wherein ye 50 acres belong- ing to ye Citty by there charter is included and environed whereby they not only are deprived of the Benefitte of ye land for Range for there catle, wood for fireing and build- ing, but also will be prejudicial to ye trade of ye time if any should setle there who will trade with ye Indians in Reguarde ye sd place is Principally desyred by ye Citty for ye settling of such nations of Indians as should desert Canada or New England or other parts.


Upon ye which matter ye Councill did Propose to y" sd Hend. van Rensselaer :


1. If he would Resign and Release his sd Patent for ye behooffe of ye Citty they will give him 50 acres low land in any part of his Patent with free outdrift for his catle, fireing and timber, for his building and fireing if such a quantity can be founde provided it is not neere to ye 500 acres belonging to ye Citty, and yt he doe not setle it be- fore ye Citty setle theres.


2. Otherwise the Common Councill Propose to pay ye sd Henry van Rensselaer his charges in procuring of ye sd Patent and over and above a peece of Plate for his trouble.


3. Or, they also Proferr him 50 lb in money for ye Re- signation of his Patent Intirely.


Upon which ye sd Hendrik van Rensselaer did answer ye Common Councill yt he would grant ye Citty forever free grazeing for there cattle, free wood for building, fencing and fireing, in any part of his said Patent, but ye


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soile he Reserved to himself, and ye settling upon any part thereof at pleasure; but if they would have the Patent intirely, he Expected ye some of one hundred pounds, which ye sd Hend. Rensselaer desyred to be entered downe.


Upon which ye Common Councill Replyed yt in Reguard he had taken ye whole into his Patent without purchasing ye same of ye Indians, both yt which belongs to ye Citty and yt without there bounds, if he would justify ye Indians for ye whole, and give them an ample and legall convey- ance of ye whole six mile square, they would give him one hundred pounds.


Ordered, yt ye agents appointed for ye Prosecution of ye Businesse of ye Maquase Land, doe also endeavoure by all lawfull means possible to procure ye vacating ye Patent of Hend. van Rensselaer, lately granted him by ye late Gov. Col. Fletcher, off land at Skackhoek, which is to ye ex- tream dammage of ye Citty of Albany, in Reguarde ye 500 acres graunted to ye Citty is principally for ye settle- ment of Indians for trade, and if Private men shall setle there then ye trade of ye Toune with those Indians is Ruined.


Whereas diverse Persons have obtained a Patent of ye late Gov. Coll. Fletcher, for ye Maquase country, to ye great Prejudice of ye Indian trade of this Citty of Albany, and although application hath been made in ye behalfe of ye sd Citty to ye late Gov. for ye vacating ye same by Hend. Hanse alderman, and David Schuyler assistant, appointed for that purpose, there was not any redresse upon which they did peticon & addresse his Excell. ye Earle of Bellomont our present Gov. who is pleased to order a hearing of ye said matter before himself and council of this present May, and whereas Hend. van Rensselaer hath also obtained another Patent of ye said late Gov. Coll. Fletcher, for Land called Skackhoek, which is also verry prejudiciall to ye interests of ye sd Citty, now wee Repos- ing especial trust in ye integrity and fidelity of our well beloved friends Joh. Janse Bleeker recorder of our sd Citty, and Robert Livingston clerk of ye same, and have unani- mously elected, authorised and impowered them to be our agents in these affaires, and to attend his Excell. and


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Couneil, in y" prosecution and pursuit of ye same, and pro- cure yª best councill they ean have for there assistance, eertifying and declaring by these presents yt we will Rati- fy, Confirm and allow such and all thing and things what- soever our sd trusty and well beloved Jan Janse Bleeker and Robert Livingston shall doe or cause to be done, in and about ye premises, in as ample manner as we ye al- dermen and commonality of y sd Citty of Albany had been there present in our own persons, and had done ye same. In witness whereof we have hercunto set our hands and sealed ye same with ye seale of our Citty this 10th day of May, 1698, in ye 6th year of his present mag's reign.


Att a Mayor's Court held in Albany May 10, 1698.


Alida wid of Pr.Davidse Schuyler agt. Dirk Alberse Brat .- Ye Pl. demands of ye Deft in ye behalf of her moyr widow Slechtenhorst of Sopus, ye some of 37 gilders in bevers as per account, and shows an extraet of her moyrs Book sworne to by Jacob Rutse Justiee of ye peace of Kingstone. Ye Deft absent, but John Gilbert appears in his behalf and says yt he has nothing to objeet against ye acc't but yt ye Pl. gives credit only for 10 gl. 2. and a ps of 8. The court grants judgment against Dirk Brat Al- bertse and orders him to pay ye Pl. as atturney of her moyr, ye some of 55s. 6d with costs of sute.


Hillebrant Lootman against Johannes Schuyler. This was an action to recover 52 pieces of eight for eattle and poultry sold the defendant, which the latter proved he had paid to Peter Sehuyler by plaintiff's order. Verdiet for defendant.


June 7 .- Johannis Cuyler against Martin Cregier. The plaintiff and defendant being called up, the defendant ap- peared by his wiffe, who declared that her husband was siek in bed and could not come to the eourtt, and desyred the court to adjourne, and desires another court day, which was granted to her, to appear the next eourt day.


June 21. - Same parties. The Plentive produces in Court a Contract dated in Albany ye 10th day of May, 1697, whereby he bought of ye Defts there certain houses and Lott of grounde, with all ye full Right of ye same, ac-


The City Records. 37


cording to ye Patents, scituate, lyeing and being here in Albany towards the hills, on Parle street upon ye corner where they at that time lived in, ye defts were bound to make Deliverance and Legall Transport of ye Premises y? first of August then ensueing, whereupon ye plaintiff made payment ye 2d of August ye summe of three hundred and fourty Peeces of Eight (being one hundred & two pounds) Currant Money of this Province, at which same day ye Defts delivered possession of ye corner house to Jillis Fonda and Rachel his wife for account of ye plaintiff. The 4th of said month of August, ye defts being wholly moved and then was further Possession of ye old house given to the Pl. with open doors, at which same time ye Pl. with Jillis Fonda aforesaid and Abraham Schuyler put in ye fore Room divers Casks and some Planks, and in ye Room behynde some Oak Timber. The 5th ditto ye Pl. finding ye said Old house possessed again by ye Defts, taken by an usurped power in which they still continue. The Pl. therefore humbly desyres Judgmt of ye worshipfull Court yt ye Defts may be ordered forthwith to make full Performance and Legall Transport of said Premises ac- cording to sd Contract dammage five hundred Pounds Cur- rant Money aforesaid with Costs of Sute.


The Defts. saith yt ye Plentive has not performed his paymt of ye Contract, and that they sent him a Transport by two good men which ye Plentive Refused by reason it was not sufficient, but afterwards ye Defendant confessed yt he had received of ye Plentive ye payment which he mentions in his Declaration.


The Pl. acknowledges they sent him a transport, which was produced and read in court, ye Plentive alledges that ye same was not sufficient, because yt Jan van Eps and Gerrit Banker and his wife have given no Transport yett to Marte Cregier or his wife.


Whereupon ye following Petty Jury were called and Oath given :


Albt Ryckman, foreman Jan Nack Gerrit Luykasse Isaac Verplank


Rutg Melgertz Gerrit Lansing Warner Carstense Jonath Broadhurst V


4


.


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Antho Bries William Hogen


Antho Bries Pieter Mingael


The Jury Brings in there verdict yt ye Defendants shall forthwith deliver ye Pl. ye houses and Lott of grounde, according to contract, and that the Plentive shall Pay no Interest for ye Remainder of ye money untill the Defend- ants shall deliver unto ye Plentive a Legall Transport.


The Court approves of ye verdict of ye Jury and gives Judgment accordingly against ye Defendants with Costs of Sute.


By the Mayor, Aldermen and Commonality of the Citty of Albany.


A Proclamation.


Whereas wee are sencible of ye great Inconvenience which ye selling and giveing of strong drink to ye Indians will approach to at this present Juncture while his Excell the Governour is expecting to make Proposition therewith wee doe therefore hereby strikly Prohibite and forbid in his majes name, yt no Inhabitants of ye Citty and County of Albany doe sell or give any Rom, Brandy, Strong Liquor or Beer to any Indian or Indians, upon any pretence whatsoever, upon ye Penalty of forfeiting five Pounds, but always Provided that it shall and may be in the power of ye mayor, aldermen and commonality of ye sd Citty if they see cause to give any small quantity of Rom to any Sachems who comes here about Publicke Bussinesse. Given in Albany ye 11th day of July, 1698.


Which Prohibition is to stand in force for ye space of Eight days Ensuing this date. God save the king.


Att a Common Councill held in Albany ye 2d day of August, 1698.


The Common Councill are unanimously of opinion to address his Excell ye Earl of Bellomont on the following heads :


1. To thank his Lordship for bringing ye joyfull news · of ye Peace.


2. To acquaint his Lordship ye great hardships this poor Citty has labored under for these 9 years dreadful


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Pearl Street.


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Jonkers Street.


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Handlers Street


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PLAN OF ALBANY, 1695.


1. The Fort.


2. Dutch Calvinist Church. Dr. Dellius pastor.


3. German Lutheran Church.


4. Its burying place.


5. Dutch Calvinist burying place.


7. Blockhouses.


8. Stadt House.


9. A great Gun to clear a gulley.


10 Stockade.


14. City Gates, six in all.


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and bloody warr, during which time they have not only been at an Excessive Charge and Expense in quartering ye officers and souldiers sent hither from time to time, but have been obliged, for their own security, to fortify ye toune twice with Pallcsadoes, and build 5 blockhouses, all at their own charge. which hath so much impoverished yª Inhabitants yt most have deserted.


3. That this Citty doth wholly rely and depend upon ye Indian Trade, upon which account it was first settled, and have obtained a Charter whereby ye sole trade with ye Indians is confined within ye walls of sd Citty, doth therefore humbly addresse his Ldp to protect and defend them in there Rights and Priviledges, and doe thank his Ldp for his great trouble and care in treating with ye 5 nations for ye Publike good and advantage to this Citty, and doe further return there best thanks for ye good In- structions ye Ldp hes been pleased to give them, assuring his Ldp that they will not be wanting in useing there utmost endeavours to unite all parties, and restore this Citty to its privileges and rights; that they will also ob- serve all ye oyr articles mentioned in his Ldps instructions.


4. That they return there hearty thanks to his maj' for his care in sending an Ingenier to Inspect into ye condition of this poor fronteer, and in Reguard there is an old Rotten wooden fort which is not fitt for ye Defence of ye Place if warr should suddenly happen, doe humbly pray yt your Ldp would Represent unto his maje or to ye assembly, yt a stone fort may be built for ye security of these fronteers which will prevent ye Desertion of ye Inhabitants and Incourage all people to stay and defend there lives and fortunes.


5. They doe farther represent yt ye quartering of ye souldiers has been extreamly chargeable and troublesome during ye late warr, and hope now in ye time of peace they may be Relieved of yt trouble, doe therefore humbly pray yt his Lordship would be pleased to order yt some con- venient places may be allotted for ye quartering of ye offi- cers and souldiers either in ye fort or by building Berghs or fitting up ye Blockhouses, as his Ldp shall in his great wisdom think fitt,


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Att a Mayors Courdt held in Albeaney ye 23t day of August, 1698: Present, Jan Janse Bleeker recorder, Jan Lansing, Jan Vinhagell, Hend. Hanse, Wessell Ten Broeke, aldermen.


John Gilberdt vs. Claes Luijkasse. The Plant saycs he hes fouynde ye Deft upon ye helles once or Twoyce for to fetch ye Indians douyne and ye Deft and ye Plant had an agreement of 18 gillders for ye mis be havoyer.


The Plant and ye Deft hes agreed, and the charges of ye Courd comes upon ye Deft.


In Common Council, October, 14, 1698.


This day Henry Hanse is sworn mayor of the Citty, and hes taken the oath given him by the Hon. Col. Pieter Schuyler, one of his majesties Counsel.


The returns of the aldermen for there respective wards for the choosing of new ones being made, and for the first warde are chosen,


First Ward .- Johannis Schuyler, Hend. van Rensselaer, aldermen; Jacobus Turk, Hendrik Oothout, assistants ; Antho van Schayk, Benony van Curlaer, assessor; Cas- per van Hoosen, constable.


Second Ward .- John Vinhagel, Johannis Cuyler, alder- men; Johannis Bleekcr, Evert Wendel, assistants; Isaac Verplank, Gysbert Marselis, assessor; Abraham Kipp, constable.


Third Ward .- Wessel ten Brock, Albert Rykman, alder- men; Johannis Mingael, Garret van Ness, assistants ; An- thony Bratt, Harpert Jacobs, assessors; Ryer Garretse, constable.


Johannes Harmesen, high constable; Anthony Bratt, treasurer.


Mayor's Court, Oct. 18 .--- John Gilbert demands for trespass £12; Stephª Groesbeck deft, answers that he made an agreement for eight and a half pieces of eight. William Jotlyn aged 42 was called and testified; the jury decided for the plaintiff, which the court approved.


Upon the request of Johannes Harmesen, for the per- mitting to remove his present house and to advance some


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foots of his ground northward. The mayor appointed a committee to investigate the matter.


In Common Councill, Nov. 15, 1698.


Johannes Harmesse appears again and requesting still to ye mayor, recorder, aldermen and assistants convened in Common Councill, for ye Liberty yt he may upon his Lott of ground in Parle Street adjacent to ye west of his Corner house to buildt a Kitchen of fifteen foot squaer, and to make his fence from ye north west corner of sd Kitchen that it bee Regular with ye corner of Johannes Rosebooms gate, next to sd Rosebooms new house. The appointed aldermen and assistants bring in there Report yt it would be prejudiciall in the highway between ye stockadoes. The Commonality considered ye matter and doe garand ye Petitioners Request of fifteen foot wood measuer Provided he shall Beld ye frondt east and west.


The mayor appoints Joh. Schuyler, Jan Vinhagell and Albert Ryckman aldermen, with Jacob Turke, Joh. Bleeker and Gerct van Ness assistance, to view ye City Stockadoes what quantity there shall want to be Ride this winter for reparing ye same and bring in there report next Cordt day.


A committe was also appointed to examine the accounts of the treasurer for the past year.


Proclamation of the Mayor, Recorder and Aldermen.


Whereas Complaints is made yt some of y" Inhabitants doe undertake to Cutt or Brake Down and take Diverse of the Citty Stokadoes, these are therefore in his maj's name to forbid all persons whatsoever to Cutt, Brcek, or take any more of sd Stokadoes upon forfeit for each of them six shillings currant money of this Province, which fine shall be paid by the Contraventors, and if committed by Children or Servants then the Parents or Masters shall be Layable for ye same, which Benefitt shall be to ye sheriffe of this Citty and County, in doeing whereof this shall be his sufficient warrant. Dated in Albany in the Citty Hall, this 15th day of Nov., 1698.


God Bless King William.


By order of the Court.


ROBT. LIVINGSTON Clerk.


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Nov. 21 .- The Common Couynsell have thought Con- venient for ye security of ye Citty to appoindt six persons to be fyre masters for ye ensueing yeare to Terminadte ye 14th of October next, and those nominate for ye first warde are Dirk vander Heyden and Jan Rosie; for ye second warde Johannes Appel and Isaac Verplank; and for ye third warde William Claese and Thomas Harmesse, who were sent for, and all appearing were striekley charged to inspeet narrowly all places yt might in danger aney fyer or inconvenience, and the former fyer masters are discharged and thanked for their serviee.


By the Mayor.


Whereas by order of ye Common Couneill of this Citty, dated ye 21st day of this instant November 6 persons were nominated to be fyre masters for ye ensueing year who have been round in each ward and viewed all places where fires are kept and where fother and oy" combustible mat- ter is dangerously kept, and whereas ye sd six persons have found several places very dangerous and inconvenient to have fires kept in them, of which ye people are fore- warned to break them down or repare them, in order therefore yt such dangerous places should be Removed, it is hereby ordered yt if ye owners or possessors of such dangerous places have not removed and repared ye same, yt they severally pay as a fine for ye behooffe of ye sd fyre masters three shillings for each offence, and ye sd fire masters are ordered to break downe and remove any such dangerous chimney, hearth, oven, or any other place yt might endanger ye Citty, in doing whereof this shall be to you a sufficient warrant. Given under my hand and seale in Albany ye 25 of November, 1698.




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