The annals of Albany, Vol. V, Part 9

Author: Munsell, Joel, 1808-1880
Publication date: 1850-1859
Publisher: Albany : J. Munsell
Number of Pages: 374


USA > New York > Albany County > Albany > The annals of Albany, Vol. V > Part 9


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It is Resolved by ye Common Council that Publick no- tice by a billet be to sett up at ye Church Requireing all Persons that have any acct with the Citty that they give in there sd accounts to Anthony Bratt, Treasurer on or before the 29th Instant To ye End that ye sd accounts al- lowable be vizited & audited by Mr Hendk Hansen, Mr Johs Roseboom, Mr Evert Banker Ruth Melgertse, Abra- ham Cuyler & Dirk Vanderheyden on or before ye third of octobr next


Pursuant to ye Resolution on ye 7th Instant ye assessors have delivered in there Estimate amounting together £2393, which ye Common Councill doe approve off and lay 43d on ye Pound & order that warrants be Issued for ye Collecting & payment thereof unto Anthony Bratt Treasurer on or before the first of octobr next Ensueing.


The 14th of octobr Last being appointed by ye Charter of ye Citty of albany for ye aldermen Comonality, asses- sors Constables and Chamberlain of ye sd Citty to be sworne who are as followeth vizt


The first warde.


Aldermen.


David Schuyler Evert Banker


Assistants. Dirk Vanderheyden Marius Wendel


Assessors.


Collector.


Myndt Schuyler


Peter van Brugh


Jacob Staets


Jobs Lansing Constable The second warde.


Aldermen. Assistants.


Johannis Roseboom Johannis Cuyler


Abraham Cuyler


Gerrit Roseboom


· Assessors.


Collector.


Johans Beekman


Cornelis Scherluyn


P. Mingael


Hendk Vroman Constable


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The third warde.


Aldermen. Hendk Hansen Johans Mingael Assessors. Gerrit Ryckse


Assistants. Ruth Melgertse Johs D. Wandelaer


Collector. Ary Oothout


Tho Harmense


Danl Ketelheyn Constable


Coenraet ten Eyk Chosen high Constable Anthony Bratt Chosen Citty Chamberlain Fyre masters in ye first warde Johannis Lansing & Luy- kasse Gerritse in ye second warde Barent ten Eyk & Cornelis Sherluyn in ye 3ª warde Evert Janse & Johan- nis Pruyn


Att a Common Councill held in ye Citty hall of albany ye 6 of novembr 1.05 :- Present Johannis Schuyler, Mayor; Johannis Abeel, Recorder; Hendk Hansen, Johans Roseboom, Johans Cuyler, Johans Mingael, aldm; Dirk Vanderheyden, Manus Wendel, Abraham Cuyler, Johans D. Wandelaer, assistants


It is Resolved that Mr Johannis Cuyler & Harmanus Wendel doe take a Vew of the Cittys Stockadoes & agree with some fit person or persons for ye Reparing thereof at hand at ye Cittys Charge.


It is Resolved by ye Mayor, Recordr & aldermen as Jus- tices that warning be given to ye Rest of ye Justices in ye County to appear here on ye 8th Instant at two a Clock in ye afternoon to Convein a meeting of Justices to Con- sult of matters for ye preservation of this County


November 20, 1705 .- Whereas ye Citty walls are found undefensive and open in severall places it is Resolved that by the Constables of ye Respective wards within this Citty warning be given to Each all and Every Inhabitat within this Citty that on fryday ye 23 Instant in ye morning at sunn Raising they doe Either with an ax spade or shuffel appear vizt ye first warde at ye Citty hall of albany ye 2d warde at ye burger Blockhouse & ye 3d warde at ye Main- guarde and observe Commands towards the Reparing of


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ye sd Citty walls upon penalty of paying as a fine for such neglect 3 shilling


It is Resolved that since Hendk Vroman Constable of y® 2d warde of this Citty hath Removed to Shennecktady That an oyr fitt person be this day Elected by ye Inhabit- ants of ye sd warde in his place


December 31, 1705 .- Resolved that an assessement be laid upon the Inhabitants of y" Citty of albany for four hundred Load of fire wood to ye burger guards of said Citty (Excepting green pine, willige, pappela & linda wood, which is not to be accepted off sufficient wood) which wood is to be Ride on half thereof one or before the Tenth day of Janry next, & ye oyr half on or before the Tenth day of febr next Ensueing and ordred that a warrant be issued to ye assessors of ye said Citty vizt to Myndt Schuyler, Jacob Staets, Johannis Beekman, Peter Mingael, Gerrit Ryckse & Thomas Harmense to make such an assessement for ye sd 400 loads of wood and for Eight hundred Citty Stockadoes of good yellow pine 23 foot long & 12 Inches at ye small End, & to make Return of there sd assessement on or before ye 3d of January now next Ensueing


But whereas ye Common Councill are Informed That Mr Myndt Shuyler and Mr. Jacob Staets who are Returnd assessors for ye first warde in ye Citty of albany by virtue of ye Charter & Common Custome thereof on ye 29th of Septembre last have not as yet taken oath as that service Requires yo Common Councill have Resolved to send for ye sd assessors to give them their oaths, who doe appear in Common Councill and positively Refuzd to take on them that service as assessors for ye said warde ye sd Schuyler alleadgeing yt the Common Councill have noe power to ordr ye Election of assessors for ye sª Citty & yt said Staets alleadgeth that by ye Law he is free from any such services, which the Common Councill loe take into there Consideration and by ye majority of votes it is allowed that by ye law ye sd Staets is free from such ser- vices, and Resolved yt ye said Schuyler for so Refuzeing shall pay as a fine y summe of four pounds Currant mo- ney of ys Province and that tomorrow being ye first of


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Janry at 3 a Clock afternoon a new election in ye said warde be made for two assessors in stead of ye sd Schuy- ler & Staets, and that y" Constable give warning to ye Inhabitants of ye said warde to appear in ye Citty hall to make Choise accordingly


It is further Resolved & Concluded yt Mr Mayor doe Issue out his warrant or Execution for ye Levying of ye sd fine & to Issue out his wart to yo assessors to make an assessemt as aforesaid


Resolved that such person or persons as have furnished Candle & who still doe suply Candle to ye burger gards shall be paid for ye same out of y" first money to be Raized


January 29, 170g .- It is Resolved that Mr Hendk Han- - sen & Mr Johans Mingael doe vew what Reparation is wanting in the main guard and to order the same to be made at the Citty Costs as also the makeing up the bat- taries and that Mr Johannis Cuyler & Mr Johs Roseboom doe vew what Reparation is wanting for ye great gunns &c in ye burger Blockhouse and to order the same together with the batteries thereabouts to be made & laid up at ye Costs aforesaid This to be done off hand.


It is further Resolved that orders be given to ye Cryer to goe Round & Cry out that such Inhabitants who as yet have not Ride there quotaes of guard wood & stockadoes that they must Ride ye before ye 6th febr next upon pe- nalty of three shillings for Each Load of wood as they so shall neglect & three shills for Each Stockadoe


It is also Resolved that a Proclamation be proclaimd to morrow morning Prohibiting yt noe horse or horses either before slee, waggon, Cart or undr ye man shall be driven or Ride upon ye streets within this Citty faster then on a stept or verry moderate Tratt, upon penalty of forfciting ye summe of six shillings for Each such of- fence for ye Behooffe of ye Sherriffe or such as shall sue for ye same


February 25, 170g .- It is Resolved that ordrs be given to Isaac Casperse for to Remove his fenceing from ye Citty ground and that forthwith


It is further Resolved that such persones as yet have


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not Ride there Stockadoes and fyre wood must Ride ye same before ye 6th march next Ensueing & that Publick notice thereof be given by y' Cryer


The Petition of William Hogen Relateing ye Bridge by the Lutheriaen Church being much out of Repair desyre- ing that ye Common Councill will take y" same into there wise Consideration yt the sd Bridge be Repaird it is Resolved That ye in Convenient time ye same shall be made suffi- cient to passe & Repasse without Danger


February 26, 1703 .- Whereas yesterday in & by-a meet- ing of mayor, Record, aldermen and Common Councill at yº desyre of Mr Johs Mingael Sale was made to him of a Certain ps of Ground scituate Lyeing and being within ye limitts & bounds of this Citty to the west of ye Pas- ture ground of y" heirs of Jerominus Wendel & ye Pas- ture of Rob Livingston Junior & to ye Easte of ye ground of Isaac Casperse it being part of a Common land Con- tains in breath ye breath thereof as it is by ye south side of ye sd Pasture of R. Livingston Junior & so Runns north- ward between ye sd Pasture of Robt Livingston Junr & ye ground of ye sd Isaac Casperse & then along ye pasture of ye sd heirs ye breath of sd pasture where ye sd ps of ground is to Contain ye same breath as it doth on ye south end which sale is now Confirmd wherefore ye sd Johans Mingael is to pay in ye month of augst next ye summe of Twenty one pounds Currant money of ys Province into ye hands of ye Citty Treasurer & yt in ye mean time af- ter measured sd transpt shall be given provided he gives bonds for ye paymt as aforsd


March 22, 1706 .- A petition of Evert Wendel Junr Given in Common Councell and Read and Left Into fur- ther Consideration the next Common Councell Day


The Petition of severall Inhabitants of the Citty of albany Given in Common Councell and Read and Left Into further Consideration


Its further Resolved that publiek notice be given Iff any person or persons what soever have any Right or title by Pattent or any other Conveyance or pretence to any Lott or Lotts of ground unImproved within the sd Citty Lim- metts shall produce them and Deliver them In by the


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Mayr that they may be Read by the Common concell be- tween this and the first of Novembr next Ensuing


April 13, 1706 .- This day a Conveyance is given to Mr Johannis Mingael according to sale of land on ye 26th Febr last together with an addition of a litle more ground adjoyning to ye west of ye north end of ye sd land.


It is Resolved & Concluded that a proclamation be made & Publishd that wherever any dung is turnd out on ye streets of this Citty and found on the same upon Satur- day in the week that then & in such Case the person or persons who are guilty therein shall forfeit ye summe of fiftheen shillings. That no Person or Persons whatsoever shall after the first day of may now next Ensueing suffer or lett there hogs swine or Piggs to Runn within ye Limits or bounds of this Citty upon penalty of forfeiting the summe of ten shillings for Each hog swine or Pigg other wise shall forfeit such hogg or hoggs swine or swins pigg or piggs if not Redeemd for ye said summe for ye space of twice twenty four hours after, such hoggs swine or piggs be taken up into custody


Evert Janse appears in Common Councill and desyres ye Commonality will be pleased to make sale of a small peece of ground scituate on ye front of his dwelling house in ye Brewer street It is Resolved that a committee be appointed to vew ye Said Ground & if they see Conveni- ent to make sale of ye same to ye sd Evert Janse to ye best advantage of ys Citty and accordingly is appointed Mr. Hendk hansen Mr. Johannis Cuyler & Mr. Johs mingael Johs Roseboom aldn Johs D Wendelaer Ruth Melgertse & gerrit Roseboom assistance or any four of ym to man- nage that matter as aforesaid which said Committee are also to vew ye ground wherefore Evert wendel Junr peti- tions scituate to ye west of his house & to make Report thereof whether ye same Can be Conveniently disposed of or not, and also to make Rules Relateing ye market,


Pursuant to ye above Resolution ye gentn appointed a Committee have sold to Evert Janse a peece of ground to Je front of a lott of grounde belonging to ye sd Evert Janse scituate on ye north side of ye house & lott where said Evert Janse now dwels on ye East side of ye Brewer street, which said peece of ground after measured Con-


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veyance is to be given at ye proper Costs of ye sd Evert Janse wherefore he promiseth to pay unto y mayor alder- men & Commonalty or there assigns y' summe of five pounds Tenn shillings Currant money of this Province vist £2: 15: on or before pmo June next Ensueing & ye oyr £2: 15; on pmo octbr next Ensueing


As tu ye Petition of Evert Wendel Junior ye Commit- tee have made a vew on ye ground & doe finde that there is thirteen foot ground vacant whiche in there opinion doe value the same to be worth Sixty pounds Curt money


Pursuant to ye Resolution on ye oyr side ye gentn Com. mittee doe Resolve Conclude and ordain the following fee for ye Clarke of ye market within this Citty which Market they appoint to be held on Saturday weekly and order that for all Catle killd for the market, for Each head Nine pence for Every hogg or shoat bought or Cutt out for saile in ye market house three pence and for Every sheep Calf or lamb, one peny half-penny


And that ye Countrey pay nothing for what they shall bring to ye market Ready kild provided they pay for Scal- ing of weights one penny half-penny for Each quarter weight Allways Provided that ye Clarke of ye Citty market doe kept ye Citty market house in sufficient re- pair Whereupon the Common Councill doe approve of ye sale made by ye Committee, to Evert Janse & that Con- veyance shall be given accordingly & doe also approove of ye Rules and fees ordaind for ye Clarke of market


As to ye Report made by ye sd Committee upon ye Pe- tition of Evert Wendel Junior ye Common Councell doe further Referr yt matter to ye sd Committee who are Im- powered to make sale of ye said ground to ye best ad- vantage for ye Behooffe of this City


As to ye Bridge towards ye Lutheriaen Church Mr. hansen is agreed to make a sufficient and strong new Bridge laid with good Plank 2 Inches thick wherefore he is to Receive ye £5: 10; due from Evert Janse


April 17, 1706 .- It is Resolved that a proclamation be proclaimed ordering ye Inhabitants of ys Citty to produce there quota of stockadoes if Ride Sufficient for ys Citty unto ye Constable in there respective wards before ye 23 Instant aprill upon penalty of forfeiting as fine for such neglect


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& for Each stockadoe not Ride ye summe of three shil- lings Curt money for ye Behooffe of ye sherriffe or such Constable as shall sue for ye same, & ye sd Constables or- dered to make ye stockadoes unsufficient to make Return unto us after holding of the next Mayors on ye day afore- said of all such persons as then shall have neglect to produce there stockadoes as aforesaid.


Att a Mayors Court held in the Citty hall of albany ye 23ª of apll 1706 :- Present Johans Schuyler Mayor Johans Abeel Recorder Evert Banker Hendk hansen Johannis Cuyler Johans Thomase Mingael aldm :


The Court opend and adjourned till ys day 14 night according to ye Resolution of Common Councill on ye 17th Instant ye Constables have made Return of such persones as have neglected to produce there quota of stockadoes & ordered that the sheriffe and ye Constables doe prosecute ye sd neglectors according to proclamation


Att a Common Councill held in ye Citty hall of albany ye 7th day of may 1706 :- Present John abeel Re- cord Evert Banker Hendk hansen Johs Roseboom Johs Cuyler aldermen Dirk vanderheyden gerrit Roseboom Johs d wandelaer Ruth Melgertse abraham Cuyler assistants


The Petition of Richd Brewer Deputy Clarke of ye market Read, & Resolved by ye Commonalty that a pro- clamation be Issued according to yº Regulation made for ye Citty market on ye 13th of aprill Last, & that all person or persones are to take notice thereof accordingly and to Expose the meat kild to Sale in ye Publick market house Erected in ye Jouncker street & no where Else in this Citty (which market is to be held on saturday of Every week) upon pain and penalty of forfeiting as a fine for Each default Committed ye summe of Six shil- lings Curt money of new york for ye behooffe of ye Clarke of the market who is to sue for the same


The Petition of margaret ye widow of John Coneel being Read & is Referrd till such time ye Commonalty have Spoke with Mr. mingael who is ye next neighbour


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westward from ye lott of ye sd widw - at which time they will take ye same into there further Consideration


The Petition Relating ye hoggs is Referred until the mayors Presence in Common Councill


It is Resolved that ye late sherriffe Jacob Turke in ye presence of Mr. Johs Cuyler & Mr. Gerritt Roseboom doe give account of ye funds due to ye Citty unto David schuyler present sheriffe


Att a meeting of some of ye members of ye Common Councill of y" Citty of albany in ye Citty hall Sun- day ye 19th of may 1706: - Present Hendk hansen Johans Roseboom Johns Mingael aldm: Dirk Van- derheyden Abraham Cuyler Ruth Melgertse Johs D Wendelaer assists


Whereas Colonel Pr Schuyler by his Request desyres that ye Citty may be sufficiently Repaired for ye Defense thereof agt any Insults of ye french our Enemys ye which Request being here produced by Mr. hansen - ye Alder- men & assistance here appeared have Resolved (since they cannot act as Common Councill) to send a messenger to Mr. mayor & Desyre him in town So that further Care may be taken to Repair ye said Citty


Att a Mayors Court held in ye Citty of albany the 18th day of June 1706 ;- Johans Schuyler Mayor Evert Banker Hendk hansen Johans Roseboom Johans Min- gael aldermen


The Citty hall being now Repairing and at this time inconvenient to Call up the Court is therefore Resolved to adjourn to Dirk Vanderheydens house which is ad- journed accordingly


The Court opened and adjourned till ys day 14 night.


Att a Common Councill held in the Citty of albany the 28th day of June 1706: - Present Johannis Schuyler Mayor John Abeel Record Evert Banker Hendk hansen Johans Roseboom Johans Cuyler Jo- hans Mingael aldm Dirk Vanderheyden Gerritt Rose- boom Abraham Cuyler assistance


The Petition of Margt Coneel given into Common


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Councill ye 7th of may Last which then was Referred until mr. Mingael who is ye next neighbour westward from ye sd widow should be spoke with in Common Coun- cill The same being now Read over again Mr. Mingael alleadgeth that ye six foot of ground which ye sd widow Petitions for, is his & that his house doth stand six foot upon ye Cittys ground The Commonalty doe therefore Resolve that a Committee be appointed to Inspect into yt matter and accordingly doe appoint Mr. John abeel Capt Evert Banker Mr. Johs Roseboom & Mr. John Cuy- ler aldm Mr. Abraham Cuyler & Mr. gerrit Roseboom Assistants who are to make an Enquire herein & make Return 16th of Jully next


July 9th, 1706 .- Itts Resolved: that Mr. Robt Liv- ingston D Ck Doe Draw the Citty Charter out In fair Writing and Notifie Each article In the Margin or on such place & places as he Shall think most. Requisite to the End that the Same may be brought to the Printer to be printed Resolved that Tho : Williams is appointed over- seer to hyre persons to seek the best old Stockadoes to Close and shut the Citty gapp open on the hill and to have all the old Stockadoes Ryd to the Burger block house on the North Side of Said Citty which said Charges shall be paid out of the Citty and the said oversier shall have four Shill pr day from the beginning till the End of the work. amotion being made by the Commonality of the Indian Trade and Refferd till the 16th Instant for further Consideration


Att a Mayors Court held in ye Citty hall of albany ye 26th day of July 1706 ;- Present John Abeel Record. Evert Banker Johans Cuyler Johans Mingael Johans Roseboom aldm


Alida Schuyler by her atturney Jo: Collier Plentiv Aryaentie Wendels Defendt Evert wendel Junr Esq a power of atturney argues for her


The plentives atturney moves that he cannot joyn Issue with the defendts atturney as not being atturney in law


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The Defendts atturney prays that he may be admitted to plead yª cause


The Court Considering the matter & fynding Defendts atturney to be no atturney In law and ye Cause in Court not being at his owne suit are therefore of opinion that he is not qualifyed to Plead, & Referr ye action till ye next Mayors court So that ye defendt may prepare her Self with an atturney in law ordered that Mary Corbitt & Judic Luykasse Evidences appear at ye said mayrs Court & likewise Mr. Cuyler


The Court adjourned till ys day 14 night


Att a Common Councill held in ye Citty hall of albany ye 26th day of July 1706 :- Present John Abeel Re- cordr Evert Banker Johs Roseboom Johs Cuyler Johs Mingael aldm Dirk V: derheyden Abraham Cuyler gerrit Roseboom harmanus Wendell Ruth Melgertse assists


The Petition of severall Inhabitants of ye Citty of al- bany whereby they desyrd that the necessary Rules and orders as formerly may be made Relating ye Indian Trade being Read & Resolved by the mayr Record aldm & Com. monality that y" following Proclamation be Issued Vizt.


By the Mayr, Recordr, aldm, & Commonulity of ye Citty of albany a proclamation


Whereas Severall Inhabitants of this Citty by there Petn : beareing Even date with these presents doe sett forth that the Proclamation Relateing the Indian Trade is on the 23d of June last Expired & therefore Requireth that a new proclamation may be Issued, we doe therefore hereby in her maje queen anns name Publish and declare that no person or persones whatsoever within this Citty shall upon ye arrival of any Indian or Indians adresse themselfs nor Speak to them nor shall Entice them within. or without ye gates of ye said Citty by signs or otherwise howsoever to trade with themselfes or any other persones, being thereof Convicted by ye Evidence of the sheriffe his deputy or any other persones Shall forfeit and pay as a fine for Each such offence if committed without the gates of y" said Citty ye summe of four pounds Tenn


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shillings if within ye same ye summe of six shillings one third for ye behooffe of ye mayr Record aldm & Common- ality of ye sd Citty & two thirds for ye sherriffe or any other person who shall sue for ye same at ye Mayors Court of ye said Citty


That no person or persones within this Citty shall pre- sume to take any Indian or Indians squae or squaes (Sa- chims Excepted when come about Public affairs to treat with his Excell: ye governour or the Commissioners ap- pointed for ye Indian affairs) into there house with pack · or packs of beaver or Peltry upon pain and penalty of - paying as a fine being Convicted as aforsd for Each In- dian or squae four pounds Tenn shillings one third for ye behooffe as aforesaid, and ye Indian or Indians squae or squaes with said pack or packs Immediately to depart out of ye house without trading directly or Indirectly upon penalty of forfeiting as a fine for Every hour they shall Remain longer into ye house ye summe of four pounds and tenn shillings, for ye behooffe & to be paid for as aforesd, always provided that ye Indians Commonly Called ye River & maquaes Indians are free to be admit- ted unto any persones house within this City with there pack or packs but in case any Controversy falls out that an offender shall insist upon oyr Indians so taken in Cal- ing them mohogs or River Indians the same shall be ad- judged by any Justice of ye peace within this Citty who are to give their Certificate accordingly any law of ye s1 Citty to the Contrary notwithstanding


That no person or persones whatsoever within this Citty shall Send out or make use of any Broakers whither Christians or Indians in the management of ye Indian Trade upon pain and penalty of paying as a fine for Each offence ye summe of four pounds tenn shillings for ye be- hooffe of and to be paid for as aforesd


That no person or persones whatsoever within this Citty doe presume to trade or Trafique with or by any means whatsoever directly or Indirectly or Intice any Indian or Indians so to doe or give any gifts upon the sab- bath day upon pain and penalty of forfeiting such goods as so traded for as aforesaid as also upon pain and penalty of paying as a fine for Each offence ye summe of four pounds


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Tenn shillings to ye use of such person as shall sue for ye same and that this order may be ye more punctually observed it is ordered that ye Constables of this Citty by turnes on ye sabbath day doe walk the streets with there staffs to prevent the breach of ye lords day and to hinder all manner of Iregularities whatsoever upon pe- nalty of Six shillings


That no person or persones shall with there waggon or waggons Cart or Carts horse or horses drive or Ride any Indian or Indians squae or squaes, the mohogs & River Indians excepted nearer to ye Citty of albany from schennectady than to ye sandbergh upon penalty of pay- ing as a fine for Each such offence ye summe of four pounds 10s for ye behooffe off & to be used as aforesaid


That in Case any person or persones having committed any such offence as before mentioned, and the sherriffe his deputy or any other person or persons shall on his or there owne accord have contracted agreed & made up ye matter with such offender or with any body Else by there meanes, for a less summe of money then ye fine or fines aforesd made for such offences he or they being thereof Convicted by one or more Evidences shall forfeit as a fine ye summe of Tenn pounds for ye behooffe of ye mayr Record, aldm. & Commonality who are to appoint one person to sue for ye same




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