USA > New York > Albany County > Albany > The annals of Albany, Vol. X > Part 5
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Upon perusal of the sd Charter we find a Lycence to purchase and a Grant in fee simple for one thousand acres of low or meadow land at Tiennonderoge to the mayor, aldermen, &c. afd for part of which said Peter Brower hath obtained an Indian purchase for the term of nine hundred and ninety-nine years.
We are therefore humbly of opinion and do advise the said mayor, aldermen and comonalty upon the said Peter
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Brower's assigning over the Indian deed they may grant and confirm to said Peter the said tract of land for the term specified in his said Indian deed.
We remain with great Respect,
Your very humble Servants.
EVERT WENDELL,
Albany, November 27th, 1734. RICH'D WILLIAMS.
This day Peter Brower appeared in Comon Council and produced an Indian Lease for a certain tract or parcel of land, scituate, lying and being about one Eng- lish mile above Fort Hunter on the south side of the Mohawk River, begining by a certain creek called Och- rachqua or Aries creek, from thence down along the said river to the said small creek or run of water, being about 900 yards, from thence with a southerly line into the woods about an English mile, from thence with a westerly line to the before mentioned Aries creek and from thence along the sd creek to the place where it first begun, where the sd Aries creek runs into the river, being about ten or eleven morgan low or meadow land, be it more or less, together wt all and singular the appurtenances thereunto belonging or in any ways appertaining, for the term of 999 years, which said lease he the said Peter Brower had obtained on the 7th day of July 1730, from David, Gideon, Jacob, Canastadie, Jacomyn and Josina, Sachems of the Mohawk Castle, duly executed under their hands and seals, which said Lease he hath this present day assigned and sett over to this Corporation for the consideration of five shillings; that is to say, such part of the sd lease as is hereafter mentioned, viz: All that certain tract or parcel of low or meadow land, scituate, lying or being about an English mile above the ffort Hunter at the south side of the Mohawks River, beginning by a certain creek comonly called Ochrachqua or Aries creek, from thence down along the Mohawk River to the second small creek or run of water, being abt 900 yards, from thence wt a southerly line to the foot of the hill, from thence along the foot of said hill wt a westerly line to the af Aries creek, and from thence along sd creek to the place
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where first begun. Which said tract of low or meadow land is part of the lands granted to the mayor, aldermen and comonalty of the city of Albany by their Charter.
This Board agreed w Richard Williams Esq., Att: at Law, to give them his opinion in writing under his hand whether or not they can have an action agt John De Peyster, late mayor of this city, for giving over the In- dian deed for the land at Tienenderogue to the Gov'r, which deed is destroyed.
1734, Dec. 6. Peter Brower having made application to this Board to have a lease from the mayor, aldermen, and comonalty for the lowland contained in the Indian lease which he made over to them at their last Comon Council as by the minutes of that day may appear, it is therefore Resolved by this Board to give a lease unto the said Peter Brower for the term of 999 years for the land hereafter mentioned, viz: To begin at a certain creek comonly called Ochrachaqua or Aries creek, from thence down along Mohawks River to the second small creek or run of water, being abt 900 yards, from thence with a southerly line to the foot of the hill. from thence along the foot of the hill, till with a north line 36 degrees east, you come to the mouth of the said Aries creek where first begun, containing about six morgans be it more or less. In consideration whereof the said Peter Brower is to pay to this Corporation the sum of six pounds and two skipple of good merchantable Winter wheat yearly, First payment to begin the first day of February 173§, and ever after on the first day of February in course, for each morgan contained w'in sd boundaries, and that the mayor in behalf of the Comonalty shall execute a deed for the same and cause the seal of the city to be there- unto affixed.
It being put to a vote whether the lott of ground in dispute between this Corporation and Johannis Cuyler, should be agreed for or not carried by a majority to be agreed.
Being again put to the vote for how much they should agree, carrd by a majority that the said Johan's Cuyler
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should pay to the corporation ten pounds for their claim, which Cornelis Cuyler agreed to for his father.
Then it was Resolved by this Board to release to the said Johan's Cuyler for the sum of ten pounds to be paid on delivery of the deed, the said lott of ground which · lyes in the 2d ward of the said city, bounded on the east by the highway or lane, on the south by the now dwell- ing lott of the sd Johan's Cuyler, on the west to the lotts of the said Johannis Cuyler and Johan's Beeckman, and on the north the street that runs by the fronts of the houses of Schieboleth Bogardus, Joh's De Garmoy and others containing in breadth on the east side five rodd and seven foot, on the west side five rodd, in length on the south side nine rodd and two foot and on the north side eight rodd and six foot, all Rynland measure. And that the mayor in behalf of the comonalty execute a deed for the same and cause the seal of the city to be there- unto affixed.
173$, February 18. This board orders Barent Bratt, treasurer, to sell 300 skipple of the wheat now in store, for ready money, at least 3s. per skipple, and as much more as he can gett; but if any of the city creditors buys " to discount for so much as is owing to them.
The following Letter was writt to Lewis and Peter Fiele, sign'd by the present members.
Gentlemen: According to your request have laid be- fore the Comon Council your grievance threatened by the Indians, and it is resolved by this board, that whenever those Indians who make pretensions on Lewis's creek return from their hunting, you would desire them to come here, and if their pretensions are good we shall make them satisfaction. We are Gentlemen.
Order'd Barent Bratt to pay to Jacob Ten Eyck, 7s. To give Johan's Seger 6 sk. wheat and make him debtor on acctt his salary for same.
Ordered by this board that Barent Bratt, city treasurer, make Dirck Ten Broeck, Peter Fiele and Hugo Fiele, Dr. for £5 pr annum for the rent of the saw mill on Lewis's creek in room of Johannis Ouderkerk.
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Whereas the well in the Joncker street is out of re- pair, it is ordered by this board that the mayor lay out a sum not exceeding thirty shillings towards the repair of said well.
1734, March 4. This day Leendert v Veghten ap- peared before this board and purchased a certain piece or parcel of ground, scituate, lying and being on the south side of Schaahkook creek, beginning at a certain creek or hill called the fountain Creek or killetie where it empties itself into the said Schaahkook creek and so down along the said Schaahkooks creek as it runs about an English mile to a small hill to the southward of said land, from said small hill to the place where first begun, containing in the whole with low and upland fifteen morgan, to him the said Leendert v Veghten and the heirs of his body, and failing of the heirs of his body to his brother Dirck v Veghten, his heirs and assigns for ever, for which he is to pay fourteen pounds current mo- ney of the province of New York, on the delivery of the deed, which is to be perfected on Thursday next, and also the yearly rent of eight skipple good merchantable winter wheat yearly in the month of February, the first payment to begin in the month of February 1639 [sic].
Resolved by this board that indentures be drawn ac- cordingly, and that the mayor in behalf of the mayor, aldermen and comonalty execute the same and cause the city seal to be thereunto affixed and the same to be en- tered upon the publick records.
Harme Van Veghten on behalf of his father, Dirck v Veghten laid the following Petition before this Board:
To the worshipful mayor, recorder, aldermen and comonalty of the city of Albany. The Petition of Dirck v Veghten humbly sheweth,
That whereas there is a certain piece of unimproved lands belonging to the corporation of the city of Albany at Schaahkook, and lyes contiguous and adjoining to the westward of your petitioner's lands, containing about two or three morgans, and whereas the same is very conv' for your worships petitioner, and would be of great
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prejudice to him that any other should purchase it, your worships petitioner humbly prays that you will be pleased to dispose of the same to him for a reasonable price and under such conditions as your worships think meet, and your worships petitioner as in duty bound shall ever pray.
1735, April 10. Resolved that Johannis Seger shall have the use of two morgans of land for twenty-five years, lying on the north side of the Road that goes up the Gallows hill and leads into the woods, and on the south side of the Rutten kill, for which he is to pay yearly two good fowls in the month of February.
Sold to Johannis Dewandelaer three morgans of Land lying at Schaahkook, being on the west of Tamheneck's creek under the hill where the comon road runs over, for which he is to pay £10 upon the delivery of the deed and the yearly rent of three skipple good Winter wheat in the months of January or February yearly, the first payment of the aforesd yearly Rent to begin in the months of January or February 173g. . Resolved that Indentures be drawn accordingly, and that the mayor in behalf of the mayor, aldermen and comonalty execute the same and cause the city seal to be thereunto affixed and these presents to be entered in the publick Records.
1735, April 12. Resolved by this Board to draw a Warrant on the Treasurer to pay Jan van Alstyn forty shillings which is in full for finishing the block house.
Resolved by this Board to imploy Richd Williams, Esq. attorney at law forthwith to sue Daniel & Jochim Ket- telhuyn on breach of covent for what they are in arrear to the city.
Resolved likewise to sue Marritie Winne in the same action for what she is in arrear if she does not come and agree by this day fortnight.
1735, April 19. This day Marritie Winne appeared before this Board and it is found by inspecting the treas- urer's book that she is in arrear 154 Sk: wheat to this corporation, and we taking her circumstances into con- sideration abate her 50 Sk, and that she enter into bond [ Annals, x.] 6
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for 50 Sk. more in the time of one month to be paid in the months of January or February next, but the other 54 Sk. she must pay on or before the first day of Novem- ber next. But if she neglect to give bond w'in the time limitted that then she shall be lyable for the whole 154 Sk :
1735, June 28. Daniel Hewson presented a Petition to this Board praying liberty to purchase a lott of ground on the south side of Abraham Vosburgh on the Gallows hill, for which he was willing to pay a reasonable price.
Resolved by this Board to sell said Hewson a lott of ground according to the Petitioner's prayer, to contain in length from east to west twelve rodd, and in breadth from north to south forty foot, on the same course wt sd Vosburgh, and bounded by him on the north and on the south by a lott this day sold to Robert Flint, for which he agrees to pay £15 at two equal payments and three shillings per annum; first paymt to be paid the first day of May next, and the other half the first day of May 1737. Writings to be executed at the first paymt. Resolved that the mayor shall then in behalf of the mayor, alder- men and comonalty execute a deed for the same and cause the city seal to be thereunto affixed.
Robert Flint presented a Petition to this Board pray- ing liberty to purchase a lott of ground to the southward of the lott ground above sold to Daniel Hewson, on the same course and to contain the same length of twelve rodd from east to west, and in breadth from north to south forty foot, for which he agrees to pay £15: at the same payments as Hewson and the same yearly rent of three shillings per annum. Resolved that the mayor shall ex- ecute a deed for the same and cause the city seal to be thereunto affixed.
Resolved by this Board to pay Peter Quackenboss thirty shillings in satisfaction of the loss he sustained by reason of the stones for building the city Wall were laid on his ground, for which a Warrtt is orderd to be drawn on the city Treasurer.
This day a Warrant was drawn on the Treasurer to
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pay Johan's Ostrande thirty shillings for laying up the ground along the foot of the city Wall.
Drawn also a Warr' on the Treasurer to pay to Richd Williams three pounds for fees, viz: In the action, The Corporation v. John Depeyster. Ditto v. Jochim Bradt and Ditto on accott of Peter Brower.
Drawn a Warrt to pay Evert Wendell £1 : on accott of said Peter Brower.
Drawn a Warrtt to pay Dirck Tenbroeck nine shillings for cleaning his lott of ground where the stones lay for building the city Wall.
Drawn a Warrtt to pay James Stevenson five shillings for clerk's fees, The Corporation v. Jochim Bratt.
1735, June 28. This day Mary Bratt, widow, gave the refusal of her farm at Schaahkook for £337: accord- ing to the Covent in her Indenture, which this Board doth not accept off but give her Liberty to dispose of the same.
A Warrtt was drawn on the Treasurer to pay to Jo- hannis Seger three Skipple of wheat.
Advertisements were put up to lett out the Water lotts along Hudsons River and likewise the last notice for the owners to shew their titles.
1735, July 2. Johannis Christianse appd before this Board and gave the Refusal of ten morgan of his land lying on the fflatts at Schaahkook to this Corporation, for that he intended to dispose of the same which this board did not think fitt to accept off, and therefore gave . him Liberty to sell the same to Joh's Knickerbacker.
This board taking the poor circumstances of the said Jan Christianse into their consideration abate him 50 Sk: of the rent he is in arrear to the city.
Johan's Knickerbacker appd before this Board and gave the refusal of 18 morgan of his land lying on the River side at Schaahkook opposite to Anthonys kill to this Corporation, being ye south part of that tract of Land this Corporation formerly sold to David Schuyler. This Board not enclining to accept of the same gives him liberty to dispose thereof to Jan Christianse.
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1735, July 4. This day the following persons pro- duced the following Titles for lotts of ground lying along Hudsons River, pursuant to the directions of an Act of Assembly for that purpose made and enacted.
Sybrant Van Schaick produced copy of a Transpt from Peter Peterse Lansingh to Sybrant Goose Van Schaick for a half Brewery, Lott & Garden. The lott containing in breadth on the east side or Kings highway six rodd nine foot and six inches, in length on the south by the gang way of Abraham Staats five rodd and eleven foot, on the west by Abraham Staats six rodd and five foot, and on the north side the street seven rodd and one foot. The Garden contains on the west side by the way six rodd and nine foot, on the north side by the way four rodd and seven foot, on the east by the river seven rodd and five foot and on the south side again to Abraham Staats five rodd and five foot.
David A. Schuyler produced a Patent or Confirmation from Richard Nichols, Esq., Governour Gen'l under his Royal Highness James, Duke of York, abutting to the north on Barent Andriese, to the south on the ground formerly belonging to Frans Barentsen on the east side of the river and the west side of the highway, contain- ing in breadth on the east side four rodd and eight foot, and on the west six rodd and a half. In length on the south side nineteen rodd, and on the north sixteen rodd and ten foot.
1735, July 7. Whereas David A. Schuyler shew'd title last Comon Council for the ground lying behind his lott, which is broad on the east side four rodd and eight foot, and on the west six rodd and a half, and whereas the Comonality intend to lay out a street of thirty foot broad over said ground; they have agreed wt the said David A. Schuyler that in consideration of his allowing the said street to be laid over his ground they will enlarge the same on the east side and give him the same breadth of six rodd and a half on the east as it now is on the west.
This Board agreed this day with Dirck I. Tenbroeck
,
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to lay out the Water lotts along Hudson's River, for which they are to pay him twenty-eight shillings.
1735, August 12. This day the following ordinances were published, viz:
A law to prevent strangers from being a charge to this Corporation.
A law for cleaning the streets, lanes and alleys of the said city.
A law for paving the streets, lanes and alleys within the city of Albany.
A law comanding the Constables to be diligent in put- ting the several laws made and publish'd by the Comon Council in execution.
1735, Sept. 29. In pursuance to the directions of the Charter of the city of Albany being the day appointed for the electing of aldermen, assistants and constables for said city, the following were chosen, viz:
Aldermen. Assistants.
First Ward.
Henry Koster, Sybt v. Schaick,
Tobias Ryckman. Gerrit Bratt.
Volkert Douwe, Jun'r, Constable.
Second Ward.
Cornelis Cuyler, Jacob Glen,
Joh's E. Wendell. Jacob Ten Eyck.
James Stenhouse, Constable. Third Ward.
Leendt Gaansevoort, Jesse Dfreest,
Joh's Vischer. Anthony Bratt.
Johannis Spoor, Constable.
Barent Bratt was chosen City Chamberlain for the year ensuing and order'd to enter into bond with security as usual.
1735, October 29. This day Johannis Wyngaert and Zechariah Zieckelsie appeared before this board and agreed anew to go round the city at Nights at the usual Hours and to call at the usual Places on the same terms and conditions as was agreed last year, and that for six months from this day.
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1735, Nov. 1. The following persons were appointed fire masters for the year ensuing, viz :
First Ward-Uldrick van Vranke and Jacobus Hilton. Second Ward-Abraham Vandeusen and Hendrick M. Roseboom.
Third Ward-Johannis Cloet and Johannis Quacken- boss.
This day was published three ordinances, viz: 1 for Tavern keepers to take lycence; 1 for preventing fire; 1 for preventing accidents by hard or unruly riding thro' the streets.
1735, Feb. 5. An ordinance was published to lay a fine upon the officers therein named, elected and refusing to serve , agt Hogs running at large, and to choose 3 more constables for this city.
1735, Feb. 13. This day pursuant to the ordinance published the 5th instant, the following persons were returned constables and took their oaths for the due ex- ecution of their offices, viz : For first ward, Johan's E. Wendell, Jun'r; for second ward, Willem van Schelluyne; for third ward, William Rogers, Jun'r.
1735, March 24. The Comon Council upon the ap- plication of the aldermen of the second ward in behalf of the inhabitants of said ward, grant liberty to build a Market house in the Brewers street over the creek or run of water that comes from the hill and emptys itself into the river, running through the ground of John or Johannis Evertse. Towards ye building whereof the Comon Council allow seven pounds ten shillings.
Whereas Johannis Dewandelaer never came to gett Title for the three morgan of land lying at Schaahkook, on the west of Tamheneck creek under the hill where the comon road now runs over, according to his agree- ment wt the Comon Council the 10th day of April last, and Levinus Winne (by Jesse Deforeest who acted for him) desiring to buy the same three morgans of land, This board thought fitt to sell the same unto the said Levinus Winne for the sum of ten pounds and the yearly rent of three skypple good merchantable winter wheat,
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to be pd yearly, the first three skipple to be pd in the month of Jan'ry or February 173g, and so on for ever after in the same months. Five pound, half of the con- sideration money to be paid by the delivery of the deed, and the last five pound on or before the first day of May 1737, Jesse Deforeest to be security for the payment thereof. Resolved that indentures be drawn accordingly and that the mayor in behalf of the mayor, aldermen and comonalty execute a deed for the same.
This board taking into charitable consideration the poor circumstances of Rachel Winne, wedow, and that her bro- ther, Guilleyn Verplanck, executed a note of hand to this corporation for the payment of five pounds on accott of said Rachel Winne, on which note there is yet due £2:16 or thereabout. It is hereby ordered that the Treasurer give up said note cancell'd without further payment.
John Armstrong laid before this board an accot for riding sand, &c. amounting to £2:9, which is allowed and the treasurer ordered to pay the same.
A Petition was laid before this board in the words fol- lowing, viz:
To the worshipful the mayor, recorder, aldermen and comonalty of the city of Albany, The humble Peti- tion of several inhabitants of this city of Albany, Most humbly sheweth :
Whereas the Road now laid out on the west side of the Gallows hill leads through the lands of Mr. Evert Wendell is very comodious and convent for the inhabit- ants of this city (that is to say) in the dry of the Sum- mer and Winter, but in the Spring and Fall it is not fitt for any use either for men or horse, &c., and your Peti- tioners wt humble submission to your worships better opinion do conceive that a more convent Road may be laid out, to witt, just on the south and east side of the block house that stands near the widow Winne.
Wherefore your Petitioners most humbly pray your worships that you will be pleased to lay out a Road in that place for the ease of us your petitioners and the rest of his Majesties subjects, or that you will be humbly pleased
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to give leave to your petitioners to lay out the same, and that they may take up so many Stockadoes as the breadth of a gate requires, which Road to be laid out at your petitioners proper cost and charges, and that the same may be recorded in your book of records for a King's highway, and so remain a great ease to his subjects.
And your Petitioners as in duty bound shall ever pray. The Comon Council made the following Resolves con- cerning the regulating of the streets :
Whereas an ordinance was published the twelfth day of August last for paving the streets, &c. within this city, and that the time limitted by sd ordinance is now expired, the Comon Council think proper for the more convent and sufficient paving of the same that it is highly necessary that all and every the inhabitants of the second ward whose drains or gutters empty themselves into that street or lane which leads down from betwixt Johan's Beeckman and Anthony van Schaick lott, between Jacob Vischer and Jacob Lansings, be taken up and laid so as to convey their water into the foxes creek by that way where the old block house stood, and that whoever of said inhabitants doth not comply herewith before the first day of May next shall forfiet thirty shillings to be recovered before the mayor, recorder or any one of the aldermen of the said city.
It is ordain'd by the Comon Council that the drains or gutters leading from the yards or houses of Philip Livingston, Esq. and the Widow Beekman, be so laid by the owners as to empty themselves towards the market house by the first day of May next under the forfieture as afd to be recover'd as aforesd.
Complaint being made to this board of the inconven- iency of the stoop rais'd before the house of Reyer Ger- ritse, Esq. that fronts the river, it is ordered that the sd Reyer Gerritse, Esq. take the same away and carry out the drain from his house so farr that it may empty itself into the river. The same to be done on or before the first day of June next on pain of thirty shillings, to be re- covered as afd.
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Order'd that Philip Livingston, Esq., Reyer Gerritse, Esq. be serv'd wt a copy of this Resolution relating their drains.
1736, March 31. John Schuyler, Jun'r, gave in an account to this board for 12 leather Buckets at 8s., £4:16, which is allowed and an order drawn on the treasurer to pay the same.
Whereas Capt. Henry Holland hath caused to be laid before this board a certain Release for a lott of ground lying and being at the south side of this city adjoining to the burial place, from the north-west corner thereof and so towards the plain, containing in breadth nine rodd, and in length along the street that goes by the burial place eighteen rodd, and in breadth at the end next the creek from north to south seven rodd, executed to him by Richard Willson and bearing date the fourth day of No- vember, 1708, and whereas the said Henry Holland is enclined to dispose of the said lott or part thereof, and being informed that this corporation pretend to some right in the abovementioned p'mes, is enclined to come to an amicable agreement with the mayor, aldermen and comonalty about the same. It is therefore agreed by and between the said Henry Holland and the said mayor, aldermen and comonalty that the said mayor for the time being execute to the said Capt. Henry Holland a release which is to be executed in Comon Council any time after this day for all their right and title of part of the said lott, to witt: Beginning at the north-west corner of the burying place, and so westerly towards the hill nine rodd and four foot, from thence southward towards the stable of Andries Bratt eight rodd and ten foot, from thence eastward to the burying place nine rodd and four foot, from thence northward along the sd burying place eight rodd and ten foot to the place where first begun. In consideration of which the said Captain Herry Holland is to pay to the Treasurer of this city the sum of twenty pounds on or before the first day of October next for the use of this city. For which sum the Edward Holland, Esq., the present mayor, is to give his own bond on ex- ecuting of said deed.
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