USA > New York > Albany County > Albany > The annals of Albany, Vol. VIII > Part 21
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Whereas it is absolutely necessary that the quit rents which is in arrear by the Corporation for the land at Schaahkook and this City be paid since the 25th day of March 1712, It is therefore thought convenient that Barent Bradt, present Treasurer, take up twenty five pound for one year for the use of ye mayor, aldermen & comonality to pay the same and for other urgent occasions, which he has taken up from Mr. Jacob Staats for that purpose.
Resolved that the said Barent Bradt shall be repaid out of the first money that shall be received for the use of the said city.
Albany 29th September 1722.
This day being appointed by ye Charter of the City of Albany for the aldermen of the respective wards of the said city to make return of the aldermen, assistants & constables who are choisen to serve for the ensuing year.
First Ward.
Aldermen. Assistants.
Johan's Ten Broeck Harm's Ryckman
John D'Peyster Goose van Schaick Jun'r
James Livingston, Constable. Second Ward.
Hend. Roseboom Hend. Roseboom Jun'r
Barent Sanders Hend. Cuyler Jun'r
Johan's Roseboom, Constable.
Third Ward.
Johannis Pruyn Teunise Eghbertse
Dirk Ten Broeck Barent Brat Johannis Hun, Constable.
Johannis Vanolinda, choisen High Constable.
Barent Brat, choisen Chamberlain.
Albany the 14th day of October.
By the directions of the Charter of the City of Albany the above mentioned persons were sworn in their respec- tive offices.
[ Annals, viii.] 25
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Att a Comon Councill held in ye City hall of Albany ye 27th day of November 1722-Present, Peter van Brugh Esq'r, mayor, Joh's Cuyler Esq'r, recorder, Johannis Pruyn, Hend. Roseboom, Barent Sanders, Johan's Ten Broeck, Dirk Ten Broeck, John D'Pey- ster, Esqtrs, aldermen, Barent Bradt, Harme Kyck- man, Teunis Eghbertse, Hend. Schuyler, assistants.
The mayor, aldermen & comonality have this day ap- pointed the following persons to be fire masters for the ensuing year :
First Ward.
David Groesbeek William Waldron Second Ward.
Cornelis Schermerhoorn Andries Nak Third Ward.
Wynant vanden Bergh Jacob Visger
Orderd that the fire masters be given directions and a warrant to perform that service.
This day the accounts due unto severall persons from the City of Albany being examined amounting in all to the sume of one hundred twenty nine pounds & four pence half penny, for w'h an order is directed to the Treasurer for payment of the said sumes out of the first money that shall come unto his hands after the former debts are paid.
Resolved by the Comonality that ye following ordinance be publishd viz !:
By the Worshipfull Mayor Recorder Aldermen and Com- onality of the City of Albany.
An Ordinance.
Whereas severall persons within the City & County of Albany presume to sell & dispose of strong Liquors by retaile without being duly Licenced, to the great damage of his maj's interest & decrease of his Excise in this city and county as also to the disadvantage of ye comon profit of this city for preventing whereof it is Resolved that it shall be publishd, ordaind and declard and it is hereby publishd, ordaind and declared that no person or persons within ye sd city or county shall directly or indirectly sell or dispose of any strong liquor by retaile unless he she
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or they be first duely lycenced by ye mayor of the said city on penalty of incuring such fine or forfieture as by ye laws of this Province in that case made and provided.
And whereas severall persons within the said City & Liberties thereof do presume to exercize arts, trades and manuall occupations without being made free citizens according to the direction of the City Charter, for pre- venting whereof and for the better government of the s1 city and well fare of the sd citizens, It is therefore hereby ordaind, publishd & declard that no person or persons within the said City or Liberties thereof shall after the publication hereof use any art, trade, mystery or manual occupation except free citizens on penalty of such fine and forfieture as directed and expressd in the Charter of the said city. Given in Albany the 27th day of Nov'r in the ninth year of his maj's Reign, A. D. 1722.
Att a Comon Councill held in the City hall of Albany the 3d December 1722.
This day the mayor, aldermen & comonality agreed with Jan Masse to be the Sealer of all weights & yards for the city of Albany.
Att a Comon Councill held in the City hall of Albany ye 4th day January 172g ..
Joseph Pamerton has undertaken to assist John Brum- ley to go round in this city as bell man every other night from ten to four a clock on ye usual places in the sd city calling every hour they go round and ye wheather, for which he is to be paid by this Corporation at the rate of ten pound ten per annum.
Att a Comon Councill held in ye hall of Albany ye 2d Feb'y 1723.
It is Resolved that the Treasurer of the City shall de- mand the payment from the severall persons who are in- debted to this Corporation by bond, and those who refuse or neglect to discharge the same on or before pmo. April next shall be sued.
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Att a Comon Councill held in the City hall of Albany the 26th day of April 1723.
Resolved by the mayor, aldermen & comonality to Publish the following ordinance in relation to the Indian trade made on ye 13th Instant (viz.)
By the worshipful Mayor, Recorder, Aldermen and Comonality of ye City of Albany.
An Ordinance.
Whereas the mayor, aldermen & comon council of the city of Albany or the major part of them are by vertue of an act of the General Assembly of the Colony of New York Entitled an act for the further and more effectual prohibiting of the selling Indian Goods to the ffrench, impowered and authorized to make such regulation with relation to the Indian Trade as shall to them seem most fitt and convenient for the just and fair managing and carrying on the sd trade and for preventing any force or fraud to be used or practizd with the sd Indians or any of them in obedience to the above recited act of General Assembly, we the sd mayor, aldermen and comonality do therefore make ordain publish and de- clare these our orders rules and regulations in manner following :
That no person or persons whatsoever within this city or county or without the same shall to the north- ward of a line extending from the north limits of the boundaries of the said city of Albany due East and West by the natural position unto the utmost eastern and west- ern limits and boundaries of this Province of New York, trade or traffique with any Indian or Indians for any bever or peltry or any Indian commodities (except Ind'n corn, venison and drest deer skins) on penalty of forfiet- ing such Ind'n comodities so traded for, as also on pe- nalty of ten pounds to be applyed two thirds of the sd sum for building and repairing the fortifications of this Province. the other third to such person or persons as shall inform and sue for the same.
That no person or persons whatsoever within the city and county or without ye same shall have and keep within
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their houses or elsewhere to the northward of the sd line any trading guns, strowds, blankets, rum, powder, lead or other Indian goods or merchandize whatsoever, five gallons of rum & goods for immediate Christian use ex- cepted on penalty of forfieting such Indian merchandizes and commodities so kept and concealed as aforesd as also on penalty of ten pounds to be recovered and applyed for the uses as aforesd.
That no person or persons shall ride or drive with waggon or cart any Indian or Indians or any of their wives or children or any of their bever, peltry or other effects from the westward towards this city nearer than ten yards to the west of the two new Indian houses built on the hill and shall neglect or delay to take or receive his or their payment for such riding the value of nine shillings and no more, and that before the unloading of the said Indian or Indians their wives or children their bever peltry or other effects, and at such unloading at or near the place aforesd not immediately depart without speak- ing whispering or making signs to them or any of them shall for every offence forfiet the sum of five pounds, to be recovered and applyed for ye uses aforesd.
That no waggoner or driver of any waggon or cart shall presume to take receive harbour or transport any bever peltry or other furr belonging to any Indian or In- dians at their return from this city towards Schinectady shall forfiet for every offence the sum of five pounds, to be recovered and applyed for the uses as aforesd.
That no person or persons within the sd city shall at any time after the twentieth day of May next ensuing suffer any farr Indian or Indians coming from the west- ward to lodge in his or their houses, warehouses or elsewhere shall for every Indian or Squa he they or she shall suffer to lodge as aforesd forfiet the sum of five pounds to be recovered and applyed for the uses aforesd.
That no person or persons whatsoever within the city or county shall upon the arrival of any farr Indian or Indians address themselves or speak to them by signs or otherwise of and concerning trade nor shall entice them
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without this city at the westward by signs or other- ways on penalty of five pounds to be recoverd and applyed for the use as afores1.
That no person or persons whatsoever within the city and county of Albany shall take or receive upon any pretence whatsoever any pawn or pawns from any Indian or Indians whatsoever (Indian jewels only excepted) on penalty of five pounds to be recovered and applyed for the uses as aforesd.
That no person or persons whatsoever at the Town- ship of Schinectady, or those that hereafter shall come in the sd Township or elsewhere to the northward of the sd line shall presume to take, receive, lodge, entertain harbour or conceal in his or their houses shops sellars ware house or other place whatsoever any Ind'n or Ind'ns whatsoever with any bever peltry or other furr on penalty of forfieting for every offence the sum of ten pounds for the use and to be recovered & applyed as aforesd.
This ordinance to remain in full force till the fifteenth day of September now next ensuing. Given in Albany this twenty sixth day of April in the ninth year of his maj'es Reign, Ao. Do. 1723.
By order of the Mayor, Aldermen and Comon Council of the City of Albany.
Whereas on the twenty sixth day of April last past, an ordinance was made by the mayor, aldermen, and com- onality of the city of Albany and publishd on this present day prohibiting thereby that no person or persons what- soever within this city or county of Albany or without the same shall to the northward of a line extending from the north limits of the boundaries of the city of Albany due east and west by the natural position unto the utmost eastern and western limits & boundaries of the Province of New York trade or traffique with any Ind'n or Indians for any bever peltry or any Indian Comodities (except Indian corn venison & drest deer skins) and that no per- son or persons whatsoever to the northward of the sd line
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The City Records.
shall have & keep within their houses or elsewhere any trading Guns Blankets Rum Powder Lead or other Ind'n goods or merchandize whatsoever, five gallons Rum and goods for immediate Christian use only excepted, We do hereby therefore require and comand you to make dili- gent search in all houses barns ware houses or elsewhere to the northward of the sd Line and to seize all Bever, Peltry or other Indian comodities as also all Trading Guns, Strowds, Blankets, Rum, Powder, Lead or other Indian goods or merchandize whatsoever, except what is before excepted, and the same to remain and be kept in your custody until the same be condemned and con- fiscated according to the before recited ordinance and for your so doing this shall be your sufficient warrant. Given under our hands and seals in Albany the eigteenth day of May in the ninth year of his Majesties Reign, Annoq. Dommini 1723.
Was signd, PETER VAN BRUGH, JOH'S CUYLER, JOHAN- NES PRUYN, HENDRICK ROSEBOOM, BARENT SANDERS, DIRCK TEN BROECK, JOHN DE PEYSTER.
Att a Comon Councill held in the City hall of Albany ye 12th day of May 1723.
Resolved y' ye Lane between ye second and third ward in this city shall be cleand mended & repaird in such manner as the aldermen & assistants of s1 wards shall order & direct and yt at or before pmo. August next en- suing on penalty of 36 shillings.
That all persons within this city shall for the future within every forthnight clean ye streets & pavements be- fore their respective houses & lotts of ground on penalty . of three shillings for every default.
It is further Resolved and Concluded that all streets, lanes, allyes and pavements within this City of Albany and Liberties thereof shall be layd out mended made and repaird by the severall owners or tenants before whose houses & lotts of ground such streets lanes allyes & pavements are fronting and yt in such man'r and form as the respective aldermen and assistants in their wards
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shall think fitt & convenant in conjunction with ye mayor of the sd city on penalty of six shillings for each neglect on warning given to be pd by such persons that shall re- fuse or deney, for ye behoof of any person who shall sue for ye same.
Att a Comon Councill held in the City hall of Albany ye 18th day of May 1723.
This Comonality have allowed unto Augustinus Turek marshall of this city the sume of six pound pr annum, since ye day of last for his service & attendance.
Att a Comon Council held in the City hall of Albany the 25th day of May 1723.
The mayor acquaints the comonality that the Com'rs appointed by the Governt of Boston to treat with the Sachims of the Five Nations desire that an ordinance may be made forbidding the selling and giveing Strong Liquors to the said Indians,
Resolved yt ye following ordinance be publishd :
By the Worshipfull Mayor, Aldermen and Comonality of the City of Albany.
An Ordinance.
Whereas here are arrived some Commissioners Deputed by the Governmt of the Massachusetts Ray who by and with consent of the Governmt of New York are admitted to treat with the Sachims of the five nations about some publick affairs, some of them being come and it being found by experience that y" selling and giveing of Rum and other strong liquors to those Indians have been of · dangerous consequence and very prejudiciall to his maj'es interest and the public welfare of the inhabitants of this city. We have therefore thought fitt to publish and de- clare and it is hereby ordaind publishd and declard that no person or persons shall give sell or otherwise dispose of any Strong Liquor to any Indian or Indians dureing the said treaty on penalty of five pounds for each offence (the far Indians excepted) for the behoof of sherrif or any person that shall sue for the same.
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That liberty is hereby given to all persons within this city to lodge and entertain any Sachim or Sachims of ye five nations during the sª Treatie, any former ordinance to the contrary hereof in any wise notwithstanding. Given in Albany this 25th day of May in the ninth year of his maj's Reign, Ao. Do. 1723.
Att a meeting of the Comon Councill held in the City hall of Albany the 12th June 1723.
By the Worshipfull Mayor, Aldermen & Comonality of the City of Albany.
An Ordinance.
Whereas the Lane between the second and third ward of this city is very much out of repair and it being neces- sary & needful that ye same be regularly mended made and repaird, Be it therefore ordain'd publish'd and de- clar'd and it is hereby ordain'd publish'd and declar'd that the said Lane shall be mended and repair'd at the charge of the owners or tenants whose lotts, houses or stables front the said Lane and that in such manner as the aldermen and assistants of the sd wards shall order and direct so as the same be finish'd at or before the first of August next ensuing on a penalty of thirty shillings for each default to be forfieted by the person who refuses or delays to repair and mend as aforesd for the behoof of the sherrif or any other person that shall sue for the same.
It is further ordaind publishd and declard that all per- sons within the sd city shall forthwith cause the streets and pavements before their respective houses and lotts of ground to be clean'd and for the future within every fortnight on penalty of three shillings for every default for the behoof as aforesd.
And whereas several streets & lanes within the sd city want to be regulated and conveniently laid out and in some parts earth dugg out and carted away, for the effect- ing whereof be it ordain'd publish'd & declar'd and it is hereby ordain'd publish'd and declar'd that all & every person or persons within the sd city whose houses and
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The City Records.
lotts front any such streets or lanes shall at their own costs and charges mend repair digg up and cart away earth where it shall be wanting and that in such manner and form as the mayor, recorder, aldermen & assistants in each respective ward shall order & direct on penalty of six shilling for each default after notice given for the behoof as aforesd. Given in Albany this 12th day of June in the ninth year of his maj'es Reign, Annoq. Do. 1723.
Att a Comon Councill held in the City hall of Albany ye 15th day of June 1723.
Johannis E. Wendell & Robt Roseboom declare on oath yt Johannis Myndertse of Schinectady has taken Indians with bever and peltry in his house on w'h it is Resolved that ye following warrant shall be issued to bring him before this meeting, which is as follows:
To the Sherriff of the City and County of Albany or to his Deputy.
City of Albany ss. . Whereas on the 26 day of April last past an ordinance was publishd by the mayor, alder- men & Comonality of ye city of Albany & amongst other things it is ordaind publishd and declard that no person or persons whatsoever at ye Township of Schinectady'or those yt shall hereafter come within the sd township as by the sd ordinance may appear, shall presume to take, re- ceive, lodge, entertain, harbour or conceal in his or their houses shops sellers ware houses or other places whatso- ever any Indian or Indians whatsoever with any bever peltry or other fur on penalty of forfieting for every offence the sume of ten pounds, and being credibly in- formed on oath that Johannis Myndertse of Schinectady aforesd has on ye thirteenth instant contray to ye sd ordi- nance taken Indians in his house with bever & Peltry, We do therefore hereby require and command you that you take the said Johannis Myndertse and him safely keep so that you may have him before us or three of us to answer for his said offence, and for so doing this shall be your sufficient warrant. Given under our hands
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and seals in Albany the 15th day of June in the ninth year of his maj'es Reign, Ao. Do. 1723.
PETER VAN BRUGH, Mayor, JOH-N'S PRUYN, HEND'K ROSEBOOM, BARENT SANDERS, DIRCK TEN BROECK, JOH'S D'PEYSTER.
At a Comon Councill held in the City hall of Albany the the 25th day of June 1723.
The sherrif brought Johannis Myndertse before this meeting, who being chargd of haveing taken Indians in his house at Schinectady with bever and peltry on ye 13th instant contrary to an ordinance of the mayor, aldermen and comonality of the city of Albany he con- fessd to have taken Indians in his house.
Whereon it is Resolved to lay a fine on him of ten pounds and that a warrant be directed to the sherrif to committ him to goal untill he shall have paid the said fine, which is as follows :
City of Albany ss. To the Sherrif of the City and County of Albany or to his Deputy Greeting-
Whereas on ye 26 day of April last past an ordinance was publishd by the mayor, aldermen and commonality of the city of Albany and amongst other things it is ordaind publishd and declard yt no person or persons whatsoever at ye township of Schinectady or those that hereafter shall come within the said township (as by the sd ordinance recourse thereunto being had inay appear) shall presume to take receive lodge entertain harbour or conceal in his or their houses shops sellers warehouses or other places whatsoever any Indian or Indians with any bever peltry or other fur on penalty of forfieting for every offence the sume of ten pounds, and being informed on oath that Johannis Myndertse off Schinectady has on ye thirteenth day of this instant contrary to the above re- cited ordinance taken Indians in his house with bever & peltry of which he is convict, We do therefore hereby require & command you to take the said Joh's Mydertse and him safely keep in the comon goal of the said city & county and him safely keep untill he shall pay the sume
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of ten pounds to be applyed two thirds of the said sum for building and repairing the fortifications of this Pro- vince and the other third to such person who has informed against him and for so doing this shall be your sufficient - warrant. Given under our hands and seales in Albany this 25th day of June in the ninth year of his maj'es Reign, Annoq. Do. 1723.
JOHANNIS PRUYN, HEND'K ROSEBOOM, BARENT SANDERS, DIRCK TEN BROECK, JNO. D'PEYSTER.
Ordered that warrants be directed to the sherrif to cause Isaac Truex & van Slyck to appear before this meeting to answer for transgressing contrary to an ordi- nance of ye 26th Instant.
Albany the 29th July 1723.
Gentlemen: Inclosed we send you an ordinance made by us in pursuance of an act of Gen'll Assembly of New York Entituled an act for the further & more effectual prohibiting of the selling Ind'n Goods to the ffrench as also our proceedings against one Johannis Myndertse grounded on the sd ordinance, whereon he was fined ten pounds for which he has been taken in execution and de- taind till. a Habeas Corpus was sent hither for removing him to the next Supreme Court, now our request is to favour us with youre opinion whether our proceedings are legal, and how far our Power by vertue of the sd act doth extend, we are advis'd here by our attorney that no action can be removed by Habeas Corpus, under twenty pound, so crave your opinion also on that subject. Here- with is also a printed Charter of our City whereon we also crave your opinion in relation to the Ind'n Trade how far we can legally proceed to preserve bever & fur trade in this Corporation and in making ordinances for the best management thereof for the advantage of the inhabitants of this city and preventing the trade without the jurisdiction of this city.
We send you each three pound which we desire you to accept as a retaining fee and for the advice above desired.
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The City Records.
Begging your answer we conclude with that we are, Gen- tlemen, your humble servants.
. Was sign'd PETER VAN BRUGH, JOHANNES PRUYN, HEND. ROSEBOOM, BARENT SANDERS, JOHANNIS TEN BROECK, DIRCK TEN BROECK, JNO. DE PEYSTER, BARENT BRATT, HENDRICK ROSEBOOM, JUN'R, THEUNIS EGBERTSEN, GOOSE VAN SCHAICK, JUN'R.
Att a Comon Councill held in the City hall of Albany the 4th day of September 1723.
Whereas Johannis Myndertse of Schinectady has com- menced an action in the Supream Court of the Province of New York against Johannis Pruyn, Hendrick Rose- boom, Barent Sanders, Dirck Ten Broeck and John De Peyster Esq'rs, aldermen of the city aforesd, for trespass and false imprisonment, It being put to the vote whether the charge in defending the said suits should be defrayd by this Corporation, the Comonality (except Mr. Mayor) are of opinion that the costs and charges of the same shall be paid by the Corporation and that attorneys be imployd at New York to defend the sd suites till a finall determination thereof shall be had.
To Henry Vernon & Joseph Murray attorneys at law at New York.
These are to authorize and impower you jointly and severally to appear for us at the next Supream Court to be held in the City Hall of New York at certain suites comenced by Johannis Myndertse against Johannis Pruyn, Barent Sanders. Hend. Roseboom, Dirck Ten Broeck, Jno. D'Peyster, Esq'rs, aldermen of the city of Albany & from time to time to defend the same as to you shall seem meet. Witness our hands in Albany the 4th day of September, 1723.
Albany 4th Sept'r 1723.
Gentlemen : Having been favor'd with your acceptable Letter of the 12th ultimo which is very pleasing, return- ing thanks for ye incouraging advice hoping we may have success, but since that five of the aldermen of this city are sumon'd to appear at the next Supream Court at the [ Annals, viii.] 26
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suite of Joh's Myndertse concerning our proceedings against him which is to be defended at the charge of this Corporation as may appear by the enclosed resolution, to w'ch purpose you have here a power of attorney for defending the sd suites until a final determination be had, your fees and charges shall be paid to content, and beg we may from time to time hear from you, so conclude with being &c.
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