The annals of Albany, Vol. VII, Part 2

Author: Munsell, Joel, 1808-1880
Publication date: 1850
Publisher: Albany : J. Munsell
Number of Pages: 376


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Resolved that the said Petition be taken into con- sideration


Sept. 14 .- Pursuant to ye Resolution of the comonalty on ye 21st of August last the comittee then appointed to make a draft of y' church and ground belonging to ye Nether Dutch Reformed Congregation of the city of Albany and make return thereof to ye Comonalty, which comittee now make a return thereof accordingly


Petrus Van Driesen minister of ye New Nether Dutch Reformed Congregation of the city of Albany and the Elders and Deacons of ye said Congregation do desire that ye Comonalty would be pleased to grant unto them for ye use of ye said Congregation in stead of ye ten foot wood measure on the south and north side of ye said church, eleven foot and eight inches Rynland measure & eighty six foot long so that ye whole breath of the said Church be five Rodd in lenth seaven Rodd and two foot all Rynland measure together with free drop round the same which request ye Comonalty have resolved to grant and ordered that a release may be drawn accord- ingly


Mr. Harmanus Wendell haveing bought of ye Comon- alty some land at Schaahkook and by his Indenture he is obliged to give the Comonalty the refusall thereof at ye lowest price which he doth now affirming that he can gett of Daniel Ketelhuyn Eighty pounds and one hundred & fifty pounds pork


The Comonalty resolved not to take the said land at the above mentioned price do give liberty to the said Harmanus Wendell to dispose of the sd land


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Albany ye 14th October 1714


This day being appointed by the Charter of ye City of Albany for the aldermen of ye sd City to make a Returne of the aldermen assistants & Constables who are Choisen to Serve for ye Ensueing year and find by the written votes taken in each Respective ward that the following persons are Choisen vizt


First Ward.


Aldermen. Assistants.


Harmanus Wendell


Peter Ryckman


Goose Van Schaick Evert Wendell


William Wilson Constable


Second Ward.


Joh's Roseboom Hend. Roseboom


Abraham Cuyler


Gysbert Marcelis


James Alden Constable


Third Ward.


Hend. Hansen Johannis Hansen


Wessel Ten Broeck Peter Waldron


Jan Maase Constable


Teunis Brat Chamberlain Thomas Macbeth High Constable


Att a meeting of y" recorder aldermen and assistants of the city of Albany the 8th day of November, 1714


Whereas this meeting is creditably informd yt ye Revd Mr. Thomas Barclay Collo. Peter Mathews & John Dun- bar have this day layed out some ground on ye west end of ye Joncker street in this city for erecting & building a church without haveing any title from ye said city


It is Resolved nema contradicenta yt ye sd Mr. Barclay Collo. Mathews and Jno. Dunbar be advised to delay that work untill Mr. Mayor of Albany shall be here, and that they be served with a copy hereof


[ Annals, vii.] 3


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Att a Comon Council, held in the Citty hall of Albany ye 7th day of December 1714.


It is ordered that the following persons be appointed fire Masters for the City of Albany for ye year ensueing who are to perform such duty as shall be of them re- quired in a warrant to be directed unto them


First Ward.


Benjamin Eghberts Harme Ryckman


Second Ward.


Andrs Nak


Johannis Evertz


Third Ward.


William Rodgers Mathys Nak


Resolved that a warrant be directed unto them for y. purpose.


Whereas on ye 14th day of September last past there was granted by ye Comonalty unto Petrus Van Driesen minister of ye nether Dutch reformed congregacon of ye city and county of Albany and ye elders and deacons of ye sd congregacon some ground about ye Church belong- ing to ye congregacon so yt ye whole be in breath five rod and in length seaven rodd and two foot Rynland measure for errecting and building a new Church for ye use of ye sd congregacon which was then ordered to be released unto them


And in stead thereof ye said minister elders & deacons of ye sd congregacon desire by Capt Joh's Roseboom one of ye elders of ye said congregation that there may be released unto them for ye use aforesd sixty foot of ground in breath & eighty foot in lenth wood measure so that it be forty five foot distance from ye house of Goose Van Schaick to ye north east corner of ye said ground and fifty five foot distance from ye house of Luycas Wyngaert to ye south east corner of ye said ground both English measure and ye south west and north west corner of ye sd ground to be an equal distance from ye house of Joh's Van Alen on ye south side & yt of Anna Maria Carstense on ye north side


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Which request ye Comonalty have resolved to grant & orderd that a Release shall be drawn accordingly


The acct for making ye well in the first ward of this city being layd before the Comonalty,


Resolved, that the following persons vizt Joh's Rose- boom Wessel Ten Broeck and Goose Van Schaick Esq's aldermen Hend'k Roseboom Joh's Hansen & Peter Ryck- man assistants be appointed a Committee to view and examine ye acct of ye said well and bring in their report to ye Comonalty next Comon Councill day


Resolved, that one Stone well shall be made at the charge of ye City of Albany in ye second ward of ye sd city at any time before the first day of August next at such convenient place as the comonalty shall think fitt


It is also resolved yt one stone well shall be made at ye charge of ye City in ye third ward of ye said City at any time before ye first day of August next at such con- venient place as ye Comonalty shall think fitt


Dec. 8 .- The Comittee appointed yesterday to view & examine ye accounts for makeing ye well in ye first ward of this City, who report yt ye Charges &c. in makeing sd well doth amount to £61:16:10


Ordred that a warrant be drawn on Teunis Brat City Treasurer for paying ye same


Dec. 21 .- The release of ye Church & some ground on ye south & north side thereof orderd to be drawn on ye 8th instant being now read and resolved that Robt Livingston Jun'r Esq'r mayor shall sign ye same in be- half of ye Comonalty and yt ye seale of the said city be thereto affixed


Att a Comon Councill held in the City Hall of Albany the 5th day of January, 1714


It is resolved by the Comonalty of this City that notice be given to Mr. Andris Coyman that he does not proceed in surveying the severall lots of ground obtaind by Andris de Vos deceased on the north side of the city of Albany within the corporation thereof before he gives


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notice to the mayor of the said city and other neighbors interested therein & adjoining and upon such notice given the following persons vizt Joh's Cuyler Hend'k Hansen Abraham Cuyler Harmanus Wendell Esq's Gysbert Mar- selis Evart Wendell and Peter Waldrum assistants are appointed to be a committee to see the same justly sur- veyed, and to make report thereof the next Common , Councill day and that the said Andris Coyman be servd with a coppy hereof


Jan. 8 .- Whereas Mr. Nicholas Schuyler surveyor by his petition appears in Comon Councill and sets forth that Daniel Ketelhuyn hath in his possession five hund- red and four square rods of land belonging to Johannis Knickerbocker at Schaghtekoek it is resolved by the Comonality that the said lands of Daniel Kettelhuyn be surveyed to the end that the sd Johannis Knickerbacker. and Daniel Kettelhuyn may have cach their Just Right according to their several Deeds they paying the charges of Surveying


It is resolved by the Comonalty that forever hereafter there be a common high street laid out on the north side of the sd City of Albany beginning from Brewers street between the lott of Barent Brat and the house of Jacob Lansing stretching up westwardly with a derect line along the north side of the said house of Jacob Lansing to the Pearle street haveing ye breadth of eighteen foot and a half Rynland measure and on the west side of s' Pearle street westward the same course as the north line of the above mentioned street runs till upon a front with the dwelling house of Mr. Joh's Roseboom four rod like measure w'h street is to be layd out on ye south side of the said north line by the Committe appointed to see the lotts surveyed belonging to Andris DeVoss deceased


It is also resolved by ye Comonalty yt Abraham Cuyler Esq'r & Mr. Evert Wendel assistance be appointed to view what stockadus be wanting to fortifie the said Citty and make their report of the number thereof the next Common Councel day


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Jan. 13 .- Whereas the Comonalty are informed that Andries Coyman hath affixed an advertizement on the Church porch signifying thereby that he designs to dis- pose of some lotts of ground lying on ye north end of the Pearl street on ye west side thereof in this City & on the plain without ye gate there, and ye sd Coyman having measured and layd out some ground at ye places aforest belonging to ye sd City


It is therefore resolved that an advertizment be affixed giveing notice thereby to warn all persons not to buy any ground of ye sd Coyeman at ye places aforesd belong- ing to ye sd City


Resolved that warrants be issued unto ye assessors of this City to asses ye inhabitants residents sojourners and freeholders of ye sd City for rideing of five hundred yal- low pine stockados of thirteen foot long & one foot thick at ye thinest end and deliver an estimate thereof in the Clark's Office of this City on or before ye 15th of this instant


Att a Mayor's Court held in ye City Hall of Albany ye 18th day of January 1714 : Present, Rob Livingston Jun'r Esq'r mayor John Cuyler Esq'r recorder Hend. Hansen Abraham Cuyler Goose Van Schaick Esq's aldermen


Joh's Cuyler by his attorney John Collins plentive


Gerrit Roelofse- by his attorney Robert Livingston defendant


Declaration being read, plea being read


The Jury being called and sworn who bring their ver- dict for ye plentive with 6ª Cost


The plentive's attorney moves for judgmt for £2:13:6 with costs of suite which was granted


David Schuyler and Robert Livingston Jun'r plentives The plentives move to ye court yt they will be pleased to admitt Mr. John Collins to be their attorney which was granted


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Nanning Harmense by his attorney Robert Livingston defendant


Referd till next court


It is orderd by ye court that all pleas are to be enterd in ye clerks office of this court three days before ye court ensueing ye court at which ye writ or sumonce is return- able


At a Mayor's Court held in ye City Hall of Albany ye first day of February 1714


David Schuyler & Robert Livingston Junior by their attorney John Collins plentives


Nanning Harmense by his attorney Robert Livingston defendant


The declaration & plea being read issue joyn'd


Leendert Gansevoort by his attorney Robt Livingston plentive


Jean Van Loon by his attorney John Collins defendt The court then adjourned till this day fortnight


Att a Mayor's Court held in ye City Hall of Albany -ye 15th day of February 1714


Leendert Gansevoort plentive


Jean Van Loon by his attorney John Collins defendt Declaration being read ye defendants attorney demurs to ye plaintives declaration which being read


The Court of opinion yt ye action is well brought


Ordered that ye plentives attorney do enter his plea in due time against next court


Arent Brat by his attorney John Collins plentive, Carel Hansen defendant


Johannis Teller plentive by Philip Livingston who appears for him, Carel Hansen by his attorney John Collins defendant


Barent Wemp plentive, Carel Hansen by his attorney John Collins defendant


Jan Wemp plentive by Philip Livingston who appears


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for him, Carel Hansen by his attorney John Collins defendant-


The Court adjourned till this day forthnight -


Att a Mayors Court held in ye Citty Hall of Albany ye Ist day of March 1714


Leendert Gansevoort plentive by Thomas Williams Jean Van Loon defendant by his attorney John Collins The Jury called & sworn vizt


William Jacobse Johannis Van Alen


Dirck Ten Broeck


Benjamin Eghbertse


Anthony Coster Niccolas Schuyler


William Hogan


Claes Wyngaert


Warnaer Castense


Casper Van Hoesen


Johannis Wendell Jacob Evertse


. Declaration & plea being read &a & ye Jury sent out who return & bring in their verdict and find for ye plent- ive with 6ª costs


The plentives attorney moves for judgment according to ye verdict


The defendants attorney moves for arrest of judgment


The court give judgment against ye said defendant for four pounds seaven shillings & 11d & for cost of suite


William Hogan by his attorney plentive, Abraham Staats defendant


The plentives attorney move for judgment by default against ye defendant for sixteen pounds nine shillings & one penny with costs of suite


The court give judgment accordingly


Joh's Teller plentive by Philip Livingston, Carel Han- sen defendant by John Collins his attorney


Barent Wemp plentive by Philip Livingston, Carrel Hansen defendant by John Collins his attorney


Jan Wemp plentive by Philip Livingston, Carel Hansen defendant by John Collins his attorney


The defendants attorney moves to the court that no advantage shall be taken in these three actions for any


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error before this court comitted by reason of an agree- ment alleadged to be made between the parties that the actions should be withdrawn which was granted


Att a Comon Councill held in ye City Hall of Albany ye 1st of March 1713


Resolved by ye Comonalty that Johan's Cuyler and Hend'k Hansen Esq's be appointed to apply to his Excel- lency ye governer and endeavour to procure from him a confirmation of ye grant of one thousand acres of low or meadow land mentioned in ye Citty charter situate lying and being on ye south side of ye Maquase river with cer- tain bounds to witt to begin from a small Creek which vents into ye sd river on ye west side of a certain piece of land called or known by ye name of Roberts vlackje & so to run up westerly that it doth take in all ye land between ye sd Maquaw river and ye foot of ye hills to ye Tionondoroges Creek & then all ye land on ye west side of ye sª Creek between ye river & ye foot of ye hills and. so to run up westerly till it shall take in ye quantity of one thousand acres of low meadow land & that ye charges thereof shall be defrayed by ye said City


Philip Livingston informs the Comonalty that he is willing to dispose of the land he bought of them on the 27th of August lying and being at Schaahkook & desires that they will be pleased to give him libertie to dispose of the said land or else pay unto him what he is offered


The Comonalty haveing taken ye same in consideration do give the said Philip Livingston libertie to dispose of ye sd land as he shall think fitt


March. 2 .- Whereas the Mayor Recorder and Alder- men of the City of Albany are impowered by an act of general assembly of ye Colony of New York entituled an act for encouraging ye Indian trade at Albany to appoint a good and sufficient person to visit and inspect all deer buck and doe skins as shall be exposed to sale by any Christian in ye sd city.or offered to be shipd off. In pur- suance whereof they have thought fitt to appoint Mr.


.


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Dirck Ten Broeck to be surveyor of ye said skins w'h he has accepted to do for a half penny for each skin he shall survey as aforesd and he is to give a certificate for such skins according to ye directions of ye said act


March 3 .- It is resolved by the Comonalty that the following letter shall be writ to his Excellency ye gover- neur


May it please your Excellency Albany ye 3th March, 1714


Since your Excellency has been pleased by patent to grant unto the Reverend Thomas Barclay Collo. Peter Mathews & John Dunbar a certain lott of ground on the west end of ye Joncker street in this city for to errect & build a Church on, they have caused part of ye foundation to be layd, we are with submission to your Excellency humbly of opinion that ye sd lott of ground belongs to ye said city being included in our charter, It seems to us on their side either as an incroachment on ye rights of ye sd city or a disregard to ye Comonalty, however to shew that we are not against that pious design but reather to promite it we have offered them a more conveinent lott and are still willing to grant the same altho' they have refused to accept it now to prevent any further trouble we apply to your Excellency that your Excellency will be pleased to signify, to them such remedy whereby the matter may be reasonably accomodated, we are with re- spect


May it please your Excellency Your Excellencys most obedient servants


In Mayors Court March 15th 1714


Reyer Schermerhoorn by his attorney John Collins plentive


Carel Hansen defendant who appears


In Mayors Court March 29th 1715


Reyer Schermerhoorn by his attorney John Collins plentive


1


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Carel Hansen defendant who appears


Issue joined


-


Att a Mayors Court held in ye City Hall of Albany ye 8th day of April 1715


An Ordinance.


Whereas the Comonalty of the said City are creditable informed that the bakers within this city do take an ex- cessive price for bread & ye victualars for beer It is there- fore resolved by ye sd Comonalty that it shall be ordaind published & declared and it is hereby ordaind publishd & declared that from and after the date hereof no baker or other person within ye said city or liberties shall take or receive more for one pound of white bread bakd of good fine flower than one penny & four fifths of a penny w'h is six stivers in wampam and no more for three pounds of bread baked of cornel than four pence half penny and for six pounds of such bread nine pence on penalty of forfeiting all such bread as shall not have its assize as aforesaid


Be it further ordained published and declared that no victualar or retailer within this city or liberties thereof shall from & after ye date hereof take or receive more for one beer quart of good strong beer then three pence


Be it also ordaind publishd & declard by ye authority aforesaid that no hog or hogs pig or pigs shall run at large in ye said city or liberties thereof at any time after ye publication hereof till well ringed in ye nose with good iron wire and that all hogs & pigs which shall be found running at large without being ringd as aforesaid shall be forfieted to ye use of such person or persons as shall take up ye same


The inhabitants of ye sd city are warnd by ye sd pre- sents to remove their fire wood from ye streets & to pile up their timber & stone for building at or before y& 16th instant upon forfieture of six shillings for ye behoofe of ye sherrif who is to take care that this order be duly executed


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Wessel Ten Broeck Abraham Cuyler Esq's aldermen and Evert Wendell assistant, are appointed a Comittee to draw up an indenture of five morgan of land at Schaahkook which Corsett Vedder is to release unto ye comonalty in liew of five morgan of land which ye com- onalty are to release to him


Whereas Mr. Thomas Barclay Colo. Peter Mathews & John Dunbar have layed out a certain lott of ground on the west end of ye Joncker street in this city and have caused part of a foundation to be layed thereon which lott of ground properly belongs to the city of Albany & yet they proceed to lay the same without leave or con- sent of ye Comonalty


The Comonalty are therefore resolved to maintain & defend ye rights & liberties of this city as much as lays in their power and to prosecute such proceedings as far as the law will permit


Whereas ye Comonalty are informd that Joh's Visger hath erected a fence & other building on ye ground to ye westward of his house in ye lane fronting ye stockados contrary his indentures from the' Comonalty of ye sd city


It is therefore resolved that the said Visger be orderd to remove such building within the time of eight days or otherwise that he be prosecuted for so doing and that he be served with a copy hereof


Att a Mayors Court held in ye City Hall of Albany ye 12th day of April 1715


Reyer Schermerhoorn by his attorney John Collins plentive Carel Hansen defendant who appears


Carel Hansen moves to ye Court that this action may be refered till ye next Mayors Court alleaging he wants a lawyer and three matteriall wittnesses releating to this action


Mr. Collins moves that the action may not be refered unless Carel Hansen doth pay the charges of this court & sumonesing ye jury and evidences


The court considering the matter do refer the action


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till ye next Mayors Court and that Carel Hansen do pay ye costs of this court & charges of sumonesing ye jury & evidences accordingly


Att a Comon Councill held in ye City Hall of Albany ye 14th day of April 1715


It is resolved by ye Commonality that letters be writ and sent by an express with a canoe (at the charge of this city) to New York for advice from two attorneys at law concerning ye trespass which is comitted by several persons in laying a foundation on a certain lott of ground on ye west end of ye Joncker street in ye sd city


Ordered that Philip Livingston deputy clark do sign ye said two letters in behalf of ye Comonalty of ye said city


Albany ye 14th of April 1715


Mr. Livingston


We think that you have doubtless heard yt Mr. Bar- clay Collo. Mathews & John Dunbar have obtained from his Excellency governer Hunter a patent for a certain lott of ground on ye west end of y& Joncker street in this city and that they have caused a foundation to be layd thereon which lot of ground properly belongs to this city comprehended in the charter as youl perceive thereby upon your perusall thereof, for your ease we send one here inclosed, we have forbidden some of the men who are busy to lay ye said foundation to cease from working which they have not regarded so that we have caused two masons to be arrested for actions of trespass which will depend at ye next inferior court of comon pleas they have given bail and go on with ye work, we desire yow to be our attorney in these and in such other actions as we shall commence against these proceedings and if yow . can possibly come here with this canoe we hope yow will not delay and we shall reward yow very well, in case you cant come now, send us then your advice how we shall ground these actions for trespasse


We write also about this subject to Mr. George and desire his advice concerning it, with whom consolt


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whether there can't be found out any proper course whereby this work may be stopd untill ye actions which we have and shall enter against these proceedings be determined and ended by due course of law pray be not backward to come yourself with one of ye first sloops if not with ye canoe


Per order of ye Comonalty of ye city of Albany Philip Livingston D. C.


To Mr. Robert Livingston Attorney at Law


Albany ye 14th of April 1715 Mr. George


Sir, Yow enterd last fall by order of Robt Livingston Jun'r Esq'r mayor of this city a Cavat against a patent which Mr. Barclay Colo. Mathews & John Dunbar have since obtained from his excellency Governor Hunter for a certain lott of ground on ye west end of the Joncker street in this city (which is comprehended in our city charter as youl perceive by ye perusall thereof ) whereon they have caused a foundation to be layed & do still go forward, though we have forbidden them to proceed, we have since arrested two masons for actions of trespasse depending at ye next inferior court and have resolved to defend ye rights and liberties of ye sd city, to our grieve we are obliged to defend ourselves against such incroach- ments we do therefore apply ourselves to yow to send us your advice in this matter We have also sent to Mr. Livingston to consolt with you whether there can't be found out any proper court whereby this work may be stopd untill the actions which we have and shall enter against these proceedings be determind & ended by due course of law & how to ground ye actions which we shall enter against ye workmen, we shall pay and satisfy yow for your advice in this matter as also for what is due to yow for entring ye Cavat. Pray dispatch ye bearer hereof as soon as possible


Per order of ye Comonality of ye city of Albany


PHILIP LIVINGSTON D. C.


To Thomas George Esq'r


[ Annals, vii.] 4


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Att a Comon Councill held in ye City Hall of Albany ye 25th day of April 1715


Whereas Jacob Lansing of this city baker has presentd . a petition unto ye Comonalty praying to have a release for two foot in breath of ground where part of his house now stands on scituate & being on the west side of the Brewers street in the sd city which ye Comonalty haveing viewed & measured it is resolved by the Comonalty that there be granted unto ye said Jacob Lansingh nineteen inches breath of ground at ye place aforesaid where his house now stands on streching from the north side or corner thereof westward slainting to nothing to ye end of his lott for which he shall pay six pounds.


Resolved that Robert Livingston Jun'r Esq'r mayor shall in ye behalf of ye Comonalty sign a release of the said piece of ground and cause ye city seale to be there- unto affixed & ye said release to be entered on ye records


Att a Mayors Court held in ye City Hall of Albany ye 26th day of April 1715




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