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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. lot. 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 H. 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 H. 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
PAPERS RELATING TO THE CITY OF NEW-YORK.
10. Said Schout, Burgomasters and Schepens shall be bound rigidly to observe and cause to be observed the Placards and Ordinances of the Chief Magistracy, and not to suffer any thing to be done contrary thereto, but proceed against the Contraveners according to the tenor thereof; and further promptly execute such orders as the Heer Governour General shall send them from time to time.
11. The Schout, Burgomaster & Schepens shall be also bound to acknowledge their High Migtinesses ihe Lords States General of the United Netherlands and His Serene Highness the Lord Prince of Orange'as their Sovereign Rúlers, 'and to maintain their High Jurisdiction, Right and Domain in this Country.
12. The election of all inferior officers and servants in the employ of said Schout, Burgomasters and Schepens shall, with the sole exception of the Secretary, be made and confirmed by themselves.
13. The Schout shall exécute all judgments of the Burgomasters and Schepens, without relaxing any, unless with the.advice of the Court, also take good care that the jurisdiction under his authority shall be cleansed of all Vagabonds, Whorehouses, Gambling houses and such impurities.
14. The Schout shall receive all fines imposed during his time, provided they do not exceed yearly the sum of Twelve hundred Guilders Seawant value, which having received he shall enjoy the just half of all the other fines, on condition that he presume neither directly nor indirectly to compound with any criminals, but leave them to the judgment of the Magistrates.
15. The Schout, Burgomasters and Schepens aforesaid shall convoke an Assembly on the 11th Jay of the month of August, being eight days before the Election of new Magistrates, and in presence of the Commissioner to be qualified for that purpose by the Honble Governr General, nominate a double number of the best qualified honorable and wealthy persons, and only such as are of the Reformed Christian Religion, or at least well affected towards it, as Schout, Burgomasters and Schepens aforesaid, which nomination shall be handed and presented folded & sealed, on the same day, to his Honor; from which nomination the Election shall then be made by his Honor on the 17th day of the Month of August, with continuation of some of the old Magistrates, in case his Honor shall deem the same necessary. Done, Ffort Willem Hendrick the 15th January 1674.
By Order of the Honole Heer
Gorernt General of
New Notherland, (Was Signed) A Bar RD, Secret
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