USA > New York > Albany County > Albany > The annals of Albany, Vol. VII > Part 5
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Resolved yt ye following ordinance be publish relateing to the Indian trade
By the worshipfull Mayor Aldermen and Comonalty of the City of Albany
An Ordinance.
Whereas severall persons resideing at and near Schin- ectady do make it their business on the arrivall of any Indians with their bever and peltry to ryde such Indians with waggons to this city who when they arrive exact & impose such an extravagent price for rydeing from those who are inclined to trade such bever and peltry which must consequently if not prevented be a great disadvan- tage to the trade for preventing whereof and that ye said trade may be fairly managed to the best advantage
Be it ordaind publishd and declard and it is hereby ordaind publishd and declard that no person or persons who shall at any time or times hereafter be employd by any far Indians living beyond our five nations to carry them or any of their wives & children their peltry beaver or other furs in their waggons from any place in the county of Albany shall not bring them or either of them or their said effects any nigher to the said city than the new Indian house which is built on the hill and there unload them with their said effects upon pain of forfieting the sum of five pounds lawfull money of New York for every far Indian male or female or any of their said effects to be carryd in his or their waggons contrary to this ordinance to be recovered in any court of record within ye said city by bill plaint or information one half for behoof of the said city and half for the sherrif or any person that shall sue for the same
Be it further ordaind publishd & declard & it is hereby
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ordaind publishd and declard that no person or persons who shall at any time or times hereafter be employd by any of our five nations to carry them or any of their wifes and children their peltry beaver or other furs in their waggons from any place in the county aforesaid shall not bring them or either of them or their said effects any neigher to the said city than 500 yards distance from the stockados of ye said city upon pain of forfieting for every offence the sum of five pounds money aforesaid for every Indian male or female or any of their sd effects so carryd in his her or their waggons contrary to this ordinance to be recovered as aforesaid in manner aforesaid for the behoof as aforesaid
Be it also ordaind publishd and declard & it is hereby ordaind publishd & declard that if any person or persons within the said city of Albany shall at any time or times hereafter suffer any of ye said far Indians or any of their peltry beaver or other furs to remain in his or their houses warehouses or shops after sunsett or at any other time of the night every person or persons so offending shall for every Indian or his or their effects so found there after ye time aforesaid forfiet ye sum of five pounds current money aforesaid to be recovered as aforesaid for the behoof aforesaid
And be it further ordaind as aforesaid that it shall & may be lawfull for the high sherrif of ye sd city & county or his deputy or deputys at any time before the hours of ten at night to sarch the houses warehouses or shops of such persons within the city aforesaid where such far Indian or Indians are suspected to be & remain or are entertaind after the time aforesaid and finding any such Indian or Indians there or there peltry beaver or other furs to order the master or mistress of the said house warehouse or shop to turn ye said Indian or Indians and their said effects out of doors which if he she or they refuze immediately to do and perform such person or persons shall forfiet for every such offence over & above ye £5 before mentioned to be paid for entertaining or suffer. ing any of the sd far Indians in their houses warehouses
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or shops after sunsett as aforesaid the sum of C5 current money aforesaid to be recoverd as aforesd for the behoof aforesaid
And whereas the streets and allys in ye said city arc stopd up with wood stone timber dirt and filt to the very great damage of severall inhabitants of ye said city for preventing whereof be it ordaind as aforesaid that all owners of wood stone & timber which is not to be used this ensning summer shall cause the same to be removed out of the said streets & allys at or before 29 of this instant on penalty of 20s. and all persons shall remove all durt dung & filt from before his or her doors & lott in ye sd city within the time aforesaid on penalty of 20s. and for every day the same shall remain after the 9th instant ye sume of six shillings to be recoverd before the mayor recorder or any alderman of ye city aforesaid for ye behoof aforesaid
Be it further ordaind &c. that if the sherrif his deputy or deputies or any person or persons shall compound or make up with any person or persons offended against this ordinance for any less or other sum than is herein before mentioned shall forfiet for every such offence the sum of £10 current money aforesaid to be recovered in manner aforesaid for the use of any person that shall suc for the same
Given in Albany the 22th day of May in the third year of his majestys reign Anno. Do. 1717
In Comon Councill
May 31 .- Pursuant to ye resolution of Comon Councill dated the 22th instant y" comittee then appointed to return that they have surveyd the ground on the plain according to ye return of ye surveyor which they do pro- duce to ye Comonalty
August 21 .- Resolved that an ordinance shall be pub- lishd prohibiteing all Indian trade without the walls of this city pursuant to the directions of ye charter of ye sd city and that ye mayor recorder and aldermen do put ye same in execution
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By the worshipfull Mayor Aldermen and Comonalty of ye city of Albany
An Ordinance
Whereas in and by our charter given under ye scale of ye province of New York bearing date ye 22th day of July 1686 for ye consideration therein expressd amongst divers other things there is granted ratifyed and confirmed unto the mayor aldermen & comonalty of ye sa city for the time being : To have hold & enjoy the priviledge preheminence and advantage of haveing within their own walls ye sole management of y" trade with all ye Indians living within and to ye eastward northward and westward of ye county of Albany within the compass of his majestys dominions here therein and thereby prohibiting & discharging all & every off the inhabitants of the said province (the inhab- itants of the city of Albany only excepted) to trade or trafique with any of ye five nations of Indians called the Sinnekes Cayouges Onnendagos Onneydes and Maquase who live to ye westward or with any other Indian or Indians whatsoever within the county of Albany or to y^ castward northward or westward thereof so farr as his s" majestys dominions here do or may extend or to have or keep within their houses or elsewhere any Indian goods or merchandize upon ye pain & penalty of ye forfeiture & confiscation of such Indian comodities whether the same be beaver peltry or other Indian comodities whatsoever except Indian corn venison & drest deer skins so traded for and upon pain & penalty of ye forfeiture & confisca- tion of all such Indian goods and merchandize as guns powder lead duffells rum and all other Indian goods and merchandize which should at any time hereafter be found concealed or kept in any house or place without ye walls of ye said city and within the said county & of ye limitts & boundries therein & herein before sett forth & prescribd to be sued for prosecuted & disposed off in such manner as therein is particularly sett forth and prescribed
Be it therefore ordaind publishd and declard and it is hereby ordaind publishd and declard that no person or
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persons whatsoever within this city & county or without the same within ye limitts and boundries aforesaid shall trade or traffique with any Indian or Indians for any bever or peltry or any Indian comodities without the gates of this city except for Indian corn vennison & drest deer skins on penalty of forfeiting such Indian comodities so traded for as aforesaid as also under penalty of being fined for so tradeing att ye discrecon of such court before whom ye same shall be prosecuted so as such fine exceed not twenty pounds current money of this country two thirds of such fine so to be adjudged to the mayor aldermen & comonalty of ye said city and ye other third to such per- son as shall sue for yº same
Bee it further ordaind publishd and declard and it is hereby ordaind publishd and declard that no person or persons whatsoever within ye sd city & county or without ye same within ye limitts and boundries aforesaid shall have and keep within their houses or elsewhere without ye gates of ye sd city any guns strouds blankets rum powder lead or any other Indian comodities or merchandize what- soever on pain & penalty of forfeiting such Indian merchan- dize and comodities so kept & concealed as aforesaid one third part to ye use of ye mayor of ye sd city for the time being one third to ye use of ye mayor aldermen & comon- alty of ye sd city and ye other third to the person yt shall sue for ye same Given in Albany this 21th day of August in the fourth year of his majestys reign Ann. Do. 1717
Albany the 29th of September 1717 This day being appointed by the charter of this city of Albany for ye aldermen of ye sd city to bring in their . return of the aldermen assistants & constables choisen by ye inhabitants for ye ensuing year who are as follows
First Ward.
Aldermen. Johannis Schuyler Goose Van Schaick
Assistants. Peter Ryckman Johannis Ten Broeck
Joseph Yetts Jun'r
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Second Ward.
Aldermen. Assistants.
Johannis Roseboom Niccolas Bleeker
Abrahan Cuyler Johannis Lansing
Cornelis Cuyler Third Ward.
Hendrick Hansen Johannis Hansen
Wessel Ten Broeck
Dirk Ten Broeck
Johannis Van Sante Constable Daniel Hogan High Constable Teunis Brat Chamberlaine
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Att a Mayors Court held in ye City Hall of Albany ye 8th day of October 1717
Samuel Babington by his attorney John Collins pl'ff Arent Vedder defendant by his att'y Philip Livingston Samuel Babington by his attorney John Collins pl'ff Johannis Visger defendant who appears
Albany ye 14th of October 1717
This day being appointed by the charter of the city of Albany for ye aldermen assistants constables & cham- berlaine of the said city to be sworn according to the return thereof made ye 29th of September last
Att a Mayors Court held in the City Hall of Albany the 5th day of November 1717
Samuel Babington plentive by John Collins his att'y
Arent Vedder defendant Philip Livingston appears for him
Samuel Babington plentive by John Collins his att'y Johannis Visger defendant Philip Livingston appears for him
John Mebee plentive by John Collins his attorney
Daniel Van Olinda defendant
[ Annals, vii.] 7
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Mr. Collins says he has a warrant of attorney to con- fess judgment
Albany the 16th November 1717
Robert Livingston Jun'r Esq'r was sworn Mayor of the city of Albany Clark of ye market of ye sd city and Coronor of ye s' city and county
Samuel Babington Esq'r sworn sherrife of ye city and county of Albany
Att a Comon Councill held in the city Hall of Albany this sixteenth day of November 1717
Orderd that an ordinance be publishd prohibiting all persons within the county of Albany to sell strong liquor before being first duely lycenced
Att a Mayors Court held in the City of Albany this 19th day of November 1717
Samuel Babington plentive by John Collins his att'y
Johannis Visger defendant by Philip Livingston his attorney who appears for him
Issue joynd
Samuel Babington plentive by John Collins his att'y
Arent Vedder defendant by Philip Livingston his att'y who produces a Habeus Corpus to remove this action before the Chiefe Justice of this province at the city of New York and desires the allowance of this court
Mr. John Collins attorney for the plentive produces an act of General Assembly of ye Colony of New York entituled an act that no action shall be removd under £20 out of any court within this province by habeus corpus and therefore ye court is of opinion that the sd action cant be removd
Wherefore issue is joynd in the said action
Jan Mebee plentive by John Collins his attorney
Daniel Van Olinda defendant
Mr. John Collins produces the following warrant of attorney to confess judgment
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To John Collins attorney at law Daniel Van Olinda of the precinct of ye Half Moon in ye county of Albany yeoman sendeth greeting
These are to authorize and empower you for me and in my name to confess judgment against me at any court of record hereafter to be held in this province of New York on ye within written bond & sume of money there- in conteyned on any action brought or to be brought against me on the said within written bond and for so doing this shall be your sufficient warrant
Given under my hand and seale this twelveth day of day of June 1717
was signed DANIEL VAN OLINDA [1. s.]
Sealed and delivered in the presence of us
REYER SCHERMERHOORN PHILIP VERPLANK
Pursuant to the said warrant of attorney Mr. Collins confesses judgment for £13: 4 and the court give judg- ment thereupon accordingly with costs of suite
Ordered that for the future the plentives in any action that shall depend in the Mayors Court in this city shall give notice of tryall to the defendant or his attorney eight days before such tryall is to be on penalty of being nonsuited for his neglect
Att a Comon Councill held in the City Hall of Albany ye 2d day of December 1717
The following persons were appointed fire masters for ye ensueing year
First Ward.
Jan Van Ness Salomon Goewy Second Ward.
Dirk Van Scherluyne Christophel Yetts Third Ward.
Johannis Mulder Philip V. Veghten
Dec. 3 .- It is resolved that the following ordinance shall be published vizt
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By the worshipful Mayor Recorder Aldermen & Com- onalty of the City of Albany
An Ordinance.
Whereas severall persors for their own private lucre & gaine do daily make great wasts & spoils in the woods belonging unto ye said comonalty by cutting masts saw logs &a for preventing whereof and preserving the said woods
It is resolved by ye sd comonality that it shall be pub- lishd ordaind and declard & it is hereby publishd ordaind and declard that from and after the publication hereof no person or persons whatsoever shall cut ride convey or carry away by land or water any masts saw logs or other timber out of ye woods belonging unto ye said comonalty to transport sell or convey ye same on penalty of being sued for an action of trespasse
And whereas the streets pavements passages or high- ways within this city are very insufficient and out of repair, particularly these following vizt the way or pas- sage from ye corner of ye houses of the heirs of Major Dirk Wessels deceased & Thomas Wendell till the corner of the lott of Jacob Lansingh, the street from ye corner of ye houses of Gysbert Marcelis & Abraham Kip till ye corner of ye house of Johannis D'Wandlaer & ye lott of ye heirs of Johannis Brat deceased from ye corner of ye houses of Leend' Gansevoort & Jan Evertse till ye gate at ye water side & from ye corner of ye houses of Maritie Van Dyck widow & Luycas Wyngaert till ye little gate which leads to ye river, from ye corner of ye houses and lotts of the widow of Paulis Van Benthuysen and the widow James Parker till ye gate of the burying place, and from ye corner of ye houses of Joseph Yetts & Wm. Vanalan to ye corner of ye house & lott of Henry Holland the passage from ye corner of ye house of John Schuyler Esq'r & ye house of the heirs of Harme Sievese till the Luthren Church; and ye passage from the corner of the houses of Mathys Nack & ye heirs of Jurian Van Hose till the corner of the brew house of Bastian Visger and corner of ye fence of Mathys Nack
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Which said streets passages or high ways are resolved concluded ordaind orderd & declard by ye said comonalty shall be sufficiently made & repaird, and they do hereby resolve conclude ordain order and declare yt ye owners or tenants of y" houses or lotts of ground fronting any of the said streets passages or highways shall at or be- fore ye last day of July next ensueing repair and pave ye same with stone each half ye breadth of ye sd streets passages or high ways the lenth of his her or their house or lott of ground fronting as aforesaid and that in such manner & form as the mayor recorder aldermen & assist- ants of each respective ward or the major part of them present shall order direct and appoint and yt on pain and penalty of 20 shillings for every week (after ye said last day of July) any person shall neglect deny or delay to repair pave or make his her or their proportion as aforesd to be recoverd before any of his majesties justices of ye peace within ye said city by any persons that shall sue for y same
And be it further ordaind publishd & declard and it is hereby ordaind publishd & declard that the pavement of the Rum street and all ye pavements with this city shall be sufficiently repaird and made at least eight foot in breadth at or before ye s1 last day of July next in such manner & form as ye said mayor recorder aldermen and assistants of each respective ward or the major part of them present shall order direct & appoint who are hereby authorized & empowered to order all dirt filt & dung to be removed taken up & carryd away and to order the taken up & laying of links & spouts within ye said city as they shall judge necessary & convenient on ye like pain & penalty as aforesaid
Given in Albany this 3d December in ye 4th year of his majestys reign
The petition of Dirk Van Schelluyne being read desire- ing to buy a small piece of ground from ye Comonalty Orderd that ye same shall be taken in consideration
The petition of Daniel Ketelhuyn being read wherein he begs leave to dispose of 23 morgan of land he has
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farm from a former Comonalty scituate & being on the west side of Tamhenicks at Schaahkook, which is granted
Att a Mayors Court held in the City Hall of Albany this 28th day of January 1712
William Rodgers plentive by his attorney John Collins Adam Hayden defendant appears
The plentives attorney desires y' ye defendant may give speciall bail being the action is on bond for fourty pounds.
Orderd yt sherrif shall take ye defendant in custody till he doth give speciall baile accordingly
Att a Court of Sessions held in ye City Hall of Albany ye 11th day of February 1712
William Rodgers plentive by his attorney John Collins. Adam Hayden defendant who appears
The plentives attorney moves for judgment by default against ye defendant for not entering his plea according to ye rule of this court dated the . day of . for ye sume forty pounds debt on bond with costs of suite which is granted accordingly
Att a Comon Councill held in ye City Hall of Albany ye 11th day of February 1717
Resolved, that ye mayor Robert Livingston Junior Esq'r shall in behalf of the Comonalty sign ye indentures for a certain piece of land scituate lying & being on the east side of Schaahkooks Creek and over against y" plan- tation of Lafluer containing in all forty eight morgan & is bounded part thereof by Hudsons River and by a pine point of land & on ye east by a small run of water being ye north bounds of ye patent of Schaahkook on ye south east by the hill on the west by Schaahkook Creek and also ten morgan of land which being intended for a hoof- stead and is bounded on ye north by ye river on ye east
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& south by ye aforesaid tract of land unto Lowis Veile and Isaac Ouderkerk each an equal half thereof for the sum of £36 and ye yearly acknowledgment of twentyone bushells and three quarters winter wheat after ye first of May 1724: to be paid in the months of January or Febru- ary, and that ye mayor doth cause the city seale to be thereunto affixed and ye same to be entered on ye publick records
Whereas Johannis Lansingh has requested the Comon. alty for a release of a certain small piece of ground scit- uate lying & being on ye east of the lott of the heirs of Hendrick Van Dyck deceased containing in breath to the lane which leads to the water side twentyfive inches and running in lenth easterly slanting till it comes to nothing on which small piece of ground part of the said Johannis Lansinghs house is now built which request is granted & resolved that Robert Livingston Jun'r Esq'r mayor shall on behalf of ye Comonalty sign a release for ye said piece of ground for the consideration of forty shillings, and yt y^ city seale shall be thereunto afixed and the same be enterd on the publick records
Resolved that the following ordinance be made and published
By the Worshipfull Mayor Recorder Aldermen and Comonalty of ye City of Albany
An Ordinance.
Whereas complaints have been made that severall per- sons for their private lucre & gain doe buy and take in . pawn of ye soldiers of his majesties establishd companies in this garrison their cloathing and accutrements by which means thay are rendered incapable of doing their duty and are often inveigled to drink to excess wee dos therefore hereby strictly prohibite the buying receiving or detaining any cloathing or accutrements belonging to any soldier or soldiers of this garrison, and if any person or persons do after the publication hereof presume to buy or take in pawn any such cloathing or accutre- ments of any soldier upon due proof thereof before any
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of his majestys justices of ye peace such person or per- sons shall forfiet as a fine the sum of fifteen shillings and ye cloaths to be restored without recompence or pay- ment
And whereas severall soldiers of said garrison are very much inticed to drink especially at unseasonable hours in y" night by which great mischief may issue forth for preventing whereof
It is ordaind publishd and declard and it is hereby publishd ordaind & declard that if any victualer retailer or inkeeper who shall entertain or sell any liquor to any soldier or soldiers belonging to ye said garrison after nine a clock at night or taptoo beat shall forfiet for every sol- dier so entertaind as aforesaid the sume of six shillings for ye behoof of ye sherrif or any other person that shall sue for ye same before any of majestys justices within this city
February 15 .- The petition of Obediah Coeper of this oity being read praying to purchase a small lott of ground belonging to y" Comonalty lying on ye south side of this city between ye lott of Mathews Flensburgh & horse gnard blockhouse which ye Comonalty have granted and orderd that y" same shall be measured and have agree that he is to pay for ye said lotts twenty eight pounds
March 22 .- This day ye Comonalty have taken up ye accounts due from this city to sundry persons as appears by a list & order given on ye chamberlaine Teunis Brat amounting to £116:1:92
Resolved that ye street between ye house of Jacob Lansingh and ye lott of Jacob Visger running up west- ward shall be regulated & also ye street running between the houses of Johannis Mingael and Arent Pruyn north- ward till behind ye lott of the widow of Jan Dirkse to which end Johannis Cuyler Esq'r recorder Hendrick Hansen Johannis Roseboom Esd's aldermen Johannis Hansen and Niccolas Bleecker assistants are appointed a committee to imploy a surveyor at ye charge of this city to lay out ye said streets and ye lotts of ground without ye gate late belonging to Andries D' Vos Harme
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Janze Mettselaer & others & cause a drauft to be made thereof and make report of ye same to this comonalty as soon as conveniently may be
Resolved that Robert Livingston Jun'r Esq'r mayor shall on behalf of the Comonalty of the said city sign a release unto Obediah Coeper for a lott of ground scituate lying and being on ye south side of ye sd city for ye con- sideration of £28 and ordered ye seale of ye said city be thereto affixed and the same to be entered on ye publick records.
Resolved also that Robert Livingston Junior Esquire mayor shall on the behalf of the Comonalty of the said city sign a release unto Mr. Thomas Barclay of the city of Albany minister for a certain lott of ground scituate lying and being on the south side of ye sd city without ye stockados near ye Luthren blockhouse fronting towards the hill, and on a line with the corner of the pasture of Johannis Mingael containing in breath towards ye lill six rods & in length nine rods for which he is to pay forty eight pounds
Orderd that the seale of the said city to be thereto affixed and ye same to be enterd on ye publick records
Att a Comon Councill held in the City Hall of Albany ye 18th day of April 1718
The comittee appointed on y" 15th of January 1716 report that they have caused ye land of Daniel Ketelhuyn adjoining to ye land of Corsett Vedder and taken exact boundaries of ye said Vedders land as may appear by ye sd report dated the 16th of this instant and that they are of opinion yt ye s' Corset Vedder may be granted a new release according to sd boundaries taken he surrendring first his claim to ye land he has inserted in his release
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