Obedience of the said High and Mighty Lord States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, to Reduce the form of Government of this City to its previous character of Schout, Burgomasters and Schepens as is practised in all the Cities of our Fatherland, to the end that Justice may be maintained and administered to all good Inhabitants without Respect or Regard to persons; THEREFORE WE, by virtue of our Commission, in the names and on behalf of the High and Mighty Lords States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, have elected from the Nomination exhibited by those in office as Regents of this City for the term of one current year, Anthony de Millt. Johannes Van Brugen, As Schout As Burgomasters Johannes de Peyster, Egedius Luyck. Willem Beeckman, Jeronimus Ebbyng, Louwerens Vander Spiegel, Geleyn Verplanck. Which abovenamed Schout Burgomasters and Schepens are hereby authorized and empowered to govern the Inhabitants of this City, both Burghers & Strangers, conformably to the Laws and Statutes of our Fatherland, and make therein such orders as they shall find advantageous and proper to this City [Here the paper is destroyed.] And the Inhabitants of this City are well and strictly ordered and enjoined to respect & honour the above named Regents in their respective qualities, as all Loyal and Faithful Subjects are bound to do. Done ffortress Willem Hendrick, this 17th August A° 1673 JACOB BENCKES (Was Signed) CORNELIS EVERTSEN, the Younger A F. VAN ZEYLL. INSTRUCTIONS FOR THE UNDER SHERIFF AND SCHEPENS Firstly. The Under Sheriff shall preside at all the meetings but when he officiates for himself as a party, or on behalf of justice, he shall on such occasions rise up and absent himself from the Bench, and in this case have neither an advisory much less a casting vote, but the oldest Schepen shall preside in his place. 2nd. The Under Sheriff and Schepens are authorised to pronounce definitive judgment, without appeal, in suits for debt between man and man &c. arising within their District to the amount of fl. 100 Seawan currency; also in minor criminal cases such as fighting, striking, scolding & such like, but in all cases exceeding said sum of fl. 100, the aggrieved person may appeal to the Honble Court here. 3dly. Whenever any cases come before the court in which any of the Schepens are interested as parties, in such cases they shall rise up and absent themselves from the Bench as is hereinbefore directed in the first article of the Under sheriff. 4thly. All Inhabitants within the aforesaid District shall be citable before the said Under Sheriff and Schepens who shall hold their court as often as necessary. 5thly. The said Under Sheriff and Schepens shall be obliged strictly to observe and punctually to execute all such placards and orders as shall from time to time be directed to them from the Worshipful Court here. 6thly. Whereas We are informed of the great ravages the Wolf commits on the sinall cattle, therefore to animate and encourage the proprietors who will go out and shoot the same, We have resolved to authorize the Under Sheriff and Schepens to give public notice that whoever shall exhibit a Wolf to them which hath been shot on this Island on this side Haarlem shall be promptly paid therefor by them; For a Wolf fl. 20. and for a She wolf fl. 30 Seawan or the value thereof, which said Under Sheriff and Schepens shall by their messenger levy from those who keep any cattle, large or small, within their district, on said Island, each of whom shall, according to the number of cattle, be bound to contribute & pay thereto whatever he shall be taxed thereupon by the Under Sheriff & Schepens. 7thly. Whoever shall fail to pay his fine on the first, second and third notice in the name of the Under Sheriff and Schepens, shall be proceeded against with prompt execution by the Under Sheriff. 8thly. Whoever shall allow execution to issue, must pay in addition five stivers on each guilder which he owes for the behoof of the Under Sheriff for the trouble of the Execution. 9thly. Whereas 'tis necessary that the Pound shall be properly kept, the Under Sheriff & Schepens are therefore authorized and ordered to attend that the same be maintained conjointly by those who have lands there; and further make such orders regarding the cattle enclosures (fences ?) as they shall find for the advantage of Agriculture, which orders each and every are ordered promptly to observe as if they were made by Ourselves. 10thly. Said Under Sheriff and Schepens shall take good heed in the suits brought before them strict justice to administer according to the best of their knowledge, without distinction or respect of persons, or any partiality; and further, the Under Sheriff shall as much as possible prevent and check all disputes and quarrels that may arise within his District. 11thly. The Under Sheriff and Schepens shall, as often as they deem necessary, give publick Notice that any person who causes or allows trees to fall in a common wagon road shall again remove the same, branches and all, from the road, before the going down of the Sun subsequent to the falling of the tree, and make the road passable or in default thereof and in case a fine be imposed therefor by the Under Sheriff or his order, he shall pay for each tree found across the highway, a fine of fl.20. to be applied, one half for the Under Sheriff & the other half for the informer; and the person fined shall, notwithstanding, this be bound to remove the tree instantly from the road. 12thly. If any one exhibit any indisposition towards the order of the Under Sheriff and Schepens, and come before the Court here, and the matter be discovered well founded, he shall pay double the imposed fine. 13thly. The choice of all Inferior officers (the Secretary alone excepted) shall be henceforward made by the said Under Sheriff and Schepens, & they shall be confirmed in their respective Qualities after being approved by the Worship' Court here. 14 hly. If any thing further be necessary for Agriculture, or should there be any obscurity or omission or want of clearness in these Instructions, the Under Sheriff and Schepens shall on occasion, communicate the fact to the Bench. And finally, said Under Sheriff & Schepens shall, 11 days before the Expiration of their Year, apply to the Honble Court here to receive its order regarding the new Nomination of the Under Sheriff & Schepens. THUS done in the City Hall of this City, at the Court of the Schout, Burgomasters & Schepens. COLVES CHARTER, 1674. [New Orange Rec.] Provisional Instruction for the Schout, Burgomasters and Schepens of the City of New Orange. 1st. The Schout and Magistrates, each in his quality shall take care that the Reformed Christian Religion conformable to the Synod of Dordrecht shall be maintained, without suffering any other Sects attempting any thing contrary thereto. 2. The Schout shall be present at all Meetings and preside there, unless the Honble. Heer Governour or some person appointed by him be present who then shall preside, when the Schout shall rank next below the youngest acting Burgomaster. But whensoever the Schout acts as Prosecutor on behalf of Justice or otherwise, having made his complaint, he shall then rise up and absent himself from the Bench during the deciding of the case. 3. All matters appertaining to the Police, Security, and Peace of the Inhabitants, also to Justice between man and man, shall be determined by final Judgment by the Schout, Burgomasters and Schepens aforesaid to the amount of Fifty Beavers and under, but in all cases exceeding that sum, each one shall be at liberty to appeal to the Heer Governour General & Council here. 4. All Criminal offences which shall be committed within this City and the Jurisdiction thereof shall be amenable to the Judicature of said Schout, Burgomasters and Schepens who shall have power to judge and sentence the same even unto DEATH inclusive; provided and on condition, that no sentence of corporal punishment shall be executed unless the approval of the Heer Governour General and Council shall be first sought and obtained therefor. 5. The Court shall be convoked by the President Burgomaster who shall, the night before, make the same known to Capt. Willem Knyff, (who is hereby provisionally qualified and authorized to be present at and preside over the Court in the name and on the behalf of the Hr Governour,) and so forth to the remaining Schout, Burgomasters and Schepens. 6. All motions shall be put by the first Burgomaster, whose proposition being made and submitted for consideration, the Commissioner there presiding in the name of the Hr Governour, shall first vote there, and so afterwards the remaining Magistrates each according to his rank; and the votes being collected, it shall then be concluded according to plurality; But if it happen that the votes are equal, the President shall then have power to decide by his vote, in which case those of the contrary opinion as well as those of the minority may Register their opinions on the Minutes, but not publish the same in any manner out of the Court on pain of arbitrary Correction. 7. The Burgomasters shall change Rank every half year, wherein the oldest shall first occupy the place of President and the next shall follow him; but during this current Year the change shall take place every 4 months, since three Burgomasters are appointed for this year. 8. The Schout, Burgomasters and Schepens shall hold their Session and Court Meeting as often as the same shall be necessary, on condition of previously appointing regular days therefor. 9. The Schout, Burgomasters and Schepens shall have power to enact, and with the approbation of the Hr Governour to publish and affix some Statutes, Ordinances and Placards for the Peace, Quiet and Advantage of this City and the inhabitants thereof within their district, provided that the same do not in any wise conflict, but agree, as much as possible, with the Laws and Statutes of our Fatherland |