A a Council, 5th June, 1674.
On petition of Abraham Frost, the Magistrates of Middelburgh are ordered, if required, to examine some persons on oath, or else to show cause for refusing.On petition of Richard Smith against Joseph Smith, requesting to be taken up in appeal,It is ordered:Petitioner is directed to express more clearly his meaning in the annexed request.On petition of William Hallet, requesting that the deed of separation entered into between him and his wife may be annulled, he being unable to pay her the promised £15 a year, &c.Ordered:The Court of Councillors deputed from the towns of Flushing, Middelborgh, &c., are recommended to commission some persons to hear the complaints of the Petitioner and the answer of his wife, and to use all possible efforts to reconcile the parties; but in case that cannot be effected, then to report their conclusion and to deliver in writing their action in the premises.Timotheus Gabrie, complaining by petition that Jan Janse Veryn refuses to appear here on the summons served on him, by order of the supreme government, requesting further summons,It is ordered:Schout Strycker is hereby directed to have Jan Janse Veryn legally summoned to appear at the next Court, which shall be held in Fort Willem Hendrick on Thursday, the 14th instant, to answer the complaint of Thimotheus Gabrie, on pain of proceeding to judgment by contumacy.Rodger Tounsend, by petition, complaining that the Magistrates of the Town of Weschester refuse to submit to the award of the arbitrators thereunto appointed by the Governor-General and Council, &c.Ordered:Petitioner is permitted to summon the inhabitants of the Town of Weschester in the case in question before the Court of this city New Orange, to which the adjudication of this case is hereby referred.On the petition of Rodger Tounsend against Joseph Smith,Ordered:If Petitioner will come and prove to the W. Court of this city that the Magistrates of the Town of Weschester are parties in this action, then he is allowed to cause his party to be summoned before the W. Court aforesaid, to which this cause is then referred.On petition of Jan Jacobse, soldier, against the Commissioners over the estate of John Rider,It is ordered:Petitioner may have his party, who is an inhabitant of this city, summoned before his competent judges.Read and considered the petition of the inhabitants of Mattinekock, in Oysterbay, requesting that Samuel Andrews and all others be forbid to purchase, to their prejudice, any lands from the Indians.Ordered:Samuel Andrews, and all others on whom these presents shall be served, are hereby interdicted and forbidden to buy any lands within this Province from the Indians, unless consent thereunto shall have been previously obtained, on pain as formerly set forth.Lowies du Bois, Magistrate of the Town of Horly, complaining, by petition, that Roelof Swartwout is gone to dwell on the Flatland contrary to order, and that two Frenchmen, residing in the Town of Horly, refuse to take the oath of allegiance.It is ordered:In the case of Roelof Swartwout, Petitioner is referred to the Court of deputed Councillors in the Esopus; as regards the Frenchmen, the Schout shall order them instantly to depart unless they take the oath of allegiance to the government, and to remain quiet in case of any attack by their nation.On petition of Matthew Blanchan, for himself and the inhabitants of Horly, against Roelof Swartwout, that he may be forbid residing out of the village of Horly,Ordered:Petitioners are referred, in regard to these complaints, to the Court of the deputed Councillors in the Esopus.On petition of Mathew Blanchan against Schout Isaacq Grevenraat, requesting that he may be ordered to pay the sum of fl. 102, which he retains from the Petitioner on pretence of a fine, Ordered:Petitioner in this case is referred to the Court of Swanenburgh.On petition of Mathew Blanchan against Captain Palingh, requesting that the Schout in the Esopus be ordered to assist him in obtaining his right in the matter of burning a parcel of reed, &,c.,Ordered:The Petitioner may institute his action herein, against his party, before the Court of the Town of Swanenburgh.On petition of Mathew Blanchan against Roelof Swartwout and Secretary La Montagne, requesting that they may be ordered to appear here before the Governor and Council to answer the Petitioner's complaint for injury received.Ordered:Petitioner may summon his party before his competent judges, and is ordered in future not to trouble the Governor any more with similar petitions.On petition of Mathew Blanchan against Schout Grevenraat and Secretary Montagne, respecting encroachment on his ground,Ordered:Petitioner in this case is referred to the Court of Schepens of the Town of Swanenburgh.On petition of Charles Hill and Anthony Jinckins, requesting leave to come from New England with a cargo to this government, as peace between Holland and England was now proclaimed in New England,Ordered:Before disposing hereof, Petitioners shall have to prove that peace is proclaimed in New England, and produce a declaration under the Governor's hand that vessels from this place shall be at liberty to trade there unobstructed.
Pltff. alleges that Deft. used force and violence at the house of Mettie Wessels, &c.Deft. denies it.Ordered, that parties on both sides shall bring in their proofs at the next Court.
Deft. not appearing in consequence of not being properly summoned, the Pltff. is ordered to have him summoned de novo.
