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Lykewise that the owners may at any time pay his debt Before the day of sale and that the time of such sale shall not be in the months of December January February and March and Each of the gd owners and Proprietors doe hereby Empower and authorise the major part of the other owners to sell and dispose of his share when he the said owners shall neglect for three months to pay any sum or sums orderd as aforesaid to be paid by him for the Carrying on the work of said mine which sale shall be good against the owner so Neglecting and his hiers forever and Each of the owners do covenant Promise and agree to warrant such sale of his share against all Persons Claming by from or under him and the said owners do Covenant Promise and Agree Each with the others that the Money arising Shall be Imployd towards dischar[g]ing the debts due by the person whose share is sold for Carrying on the work of the said mine as aforesaid and the Charges of such sale and if any over plush be shall be Restored to the Persons whose share is sold as aforesaid and it is further agreed by and between the owners aforesaid that if any person Neglect to pay his proportion of the Charges as aforesaid for one month he shall pay at the Rate of one pi Cent for Every Month the same is so Neglected to be paid untill Demand be made of the same as aforesaid in order that his share be sold if any further Neglect be made of the payment as aforesaid which Interest of one p: Cent by the month shall be paid to such person or persons as shall have advanced the sums Necessary to Cary on the work or to the workman if they have been Delayed the payment of their wages by such Neglect and the said owners do agree Each to pay five pounds for one ninth part and so In proportion for a smaller or a greater share to wards Carrying on the work of the said mine till the first Tuesday in July next which SUMS of five pounds shall be paid to Capt Cornelis Hornebeck and by him to be disbursed for the Necessary Charges of working the mine for that time, It is the true Intent and meaning of these presents is that when any of the owners is difficient in his payment the other owner shall take his share of the oar that is already digged or shall be digged up at the time of such difficiency at the rate of fifteen pounds p' Tun if none of the owners offer more for it and apply the same to the payment of What such person owes and if such persons share of the oar at the rate of fifeen pounds per Tun shall not be sufficient for three months to pay his difficiencey and he Neglect to pay the same as is above Mentioned than his share of the mine shall be Exposed to sale as aforesaid and not otherwise and it is further agreed that all Resolutions and orders Made and agreed to at the several Meetings of the owners as aforesaid shall be fairly Enterd in a book to be keept for that purpose Naming the persons present and subs[C]ribed at Leas by the major part of the persons agreeing to the same and that the persons at any time Entrusted with the Companies money Shall render at Every such meeting an account of the Recepts and disbursments of the same which accounts shall be lykewise Entered in another book to be Likewise kept for that purpose to which books all and Every of the owners shall at all Reasonable times have free access which books Shall be Lodged with such person and for such time as Shall be agreed on by the major part of the owners at thier meetings as aforesaid and Each of the said owners do severally Covenant Promise and agree with the others for themselves thier hiers and assigns but not the one for the other that they will truly observe the several articles above writtan and that if the major part of the owners aforesaid shall at any time think it necessary to have the same drawne out into any better or fuller form as they shall be advised by thier Council learned in the Law so that the same be Consonant and agreable to the true Intent and meaning of these presents that then the several Parties shall Execute such deeds as shall be so Reasonably advised AND that in the mean time this present agreement shall be Lodged in the hands of Coll, Abraham Gaasbeck Chambers not to be Delivered to any person without the concent of all the owners above written IN WITNESS here of the Parties to these presents have here unto sett thier hands and seal the day and year first above writtan, the above mentioned anthony
Rutgers having put the name and seal of Petrus Rutgers and John Rosevelt here unto by Vertue of authority from them for that Purpose,
ANTHONY RUTGERS S
GIL: LIVINGSTON, This is to Certifie that the within named Cornelis Hornbeck has Conveyed unto the within named Gerardus Hardenbergh one full ninth part of yo Within mentioned Lead mine So that the gd Hornbeck is to have but one Eightenth part Instead of A ninth as within mentioned and the Said Hardenbergh one ninth part Instead of one Eighteenth part there of witness our hands ye Eight day of July 1730.
G: HARDENBERGH Signed Sealed & delivered by yo within named Lodewick Hornbeck and Jan Schoonmaker on the 7 day of July 1730 in yo presence
of us TOBISIES HORENBEEK. THOMAS THONG.
AN ADDITIONAL ARTICLE TO the within Indenture
WHEREAS IT may be apprehended that the heirs Or assignes of the Late Coll: Jacob Rutsen & others may Commence à Suit in Law or take Some methods to Get Possessions of the Lead mine now in the possession of the within named Anthony Rutgers Cadwallader Colden Lodewick Hornebeek albert Pawling Cornelis Hornbeek, Jan Rosevelt Petrus Rutgers Gilbert Livingston Gerardus Hardenbergh & Jan Schoonmaker Covenant Promise and agree, Each with the other for our Selves Our heirs and Assignes and with the heirs & assignes of the others that wee will at all times Joyn In defending our rights Title & possession of the sd Lead mine by all Such Lawfull ways & means as Shall be Agreed on by the major part of us the Owners and partners aforesaid and of our heirs and Assignes (Every ninth part having one vote) or Shall be advised by our Council Learned in the Law against all persons whatsoever & more particularly against the heirs & Assigns of the ga Coll: Rutsen And against the Late Lewis bovie deseased his heirs or Assignst & against all person Claiming by from or under them the gd Rutsen & bovie & that We will Each of Us Contribute and pay our Share of the Charge of Such Defence In proportion To the Share we in the Said mine Wittness our hands and Seals this Eight day of July in the fourth year of his majesties reigne Anno Dom 1730
GERARDUS, HARDENBERGH marke JACOBUS VAN DER WILLIGE
From James Alexander.
NEW YORK, june 5th, 1730. D: Sir
Yours of the 27th of May I have but the one you mention to have Sent before, I never Received, I have twenty times resolved on writting to you before & Since receit of yours but have always by Something or other been hindered, & now am straitned in time but was unwilling to miss this opportunity by M: Alsop
As to Lewis's affair I know nothing about it but what is known to Every body, I forwarded yours to M: Pople & gave cautions as proposed, but had not time to draw your memorandums for a State of the case in form, I wish you would as yet do it your self.
I heartyly wish you joy of your mine at Rochester & that it may Answer your Expectation to the full ours at Waywayands I think has given us Sufficient Encouragement not to neglect it tho the greatest part of the oar be iron yet theres Some Copper in it & the miners Say the more the further down they go, but its a Lottery
John Parker gave me a five pound bill for you about a fourtnight ago at Amboy, the Assembly Sits there & by their address it would Seem they will agree but I hear they are to have grieveances redressed Some of which are Coll Morris & me of the Council Liveing out of the province & me as Surveyor Gen" Liveing out of the province which things I Suppose will be gone into to be redressed, by Complaints against us I am in haste
JA: ALEXANDER. [Indorsed] To CADWALLADER COLDEN Esq?
att Coldingham pi M. Alsop