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Instruction to Dirck van Schelluyne as marshal

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Instructions by the honorable lords, except for the lord general, provisionally for Dirck van Schelluyne, in his capacity as marshal of this city of Amsterdam in New Netherland, by which he is to regulate himself in the conduct and execution of his office and duties:

First, upon the order of the burgomasters and schepens of this city, he shall be diligent to perform execution in civil cases concerning the public revenues of this city, and that for such compensation as shall be deemed proper according to circumstances.

2. Whenever any judgments pronounced by the burgomasters and schepens of this city are placed in his hands, he shall be bound to govern himself according to the tenor thereof, and having accepted the same, to execute them in die most expeditious and suitable manner according to the regulations of the laudable city of Amsterdam in Holland, but, with all discretion befitting the circumstances and conditions of the inhabitants here.

3. He shall not be allowed to accept gifts or presents by the third or fourth hand in contempt of the interested parties’ rights or to delay execution, on pain of depriving him of his office.

4. As salary for all judgments pronounced by the burgomasters and schepens for f100:0 and above, the marshal shall receive as judgment fee from the winner twelve stivers.

5. On all other judgments below a hundred guilders, the sum of six stivers. ]

6. On all ] interlocutory judgments which are given ] in writing in the suit ], six stivers.

7. For ] each notice, summons or renewal, which the marshal shall serve within the jurisdiction of this city, with the return thereon, he shall receive twenty-four stivers, provided that he keep a proper record of the return accompanied by the day and date.

8. For the sale of attached goods, six guilders a day, the day calculated from 9 to 11 o’clock or as many hours more or less as circumstances require.

9. For the making and posting of notices at three places, each notice 8 stivers a piece.

10. For all notices, summonses, and renewals extended outside the jurisdiction of this city up to ’t Vars Waeter on this island of Manhattan, thirty-six stivers.

11. For notices, summonses, and renewals that the marshal shall serve across the North or East River, whether at Pavonia and environs or on Long Island where there is still no court, he shall receive for each sixty stivers as fee, understanding further that the marshal may charge and demand on account boat fares and tavern expenses from the person who employs him.

12. After the sale and receipt of the proceeds of sold goods, the marshal shall, after deducting his fee, hand over to the successful party the money belonging to him without delay.

13. He shall not be at liberty to sell any more of the goods levied on than is about sufficient to pay the sum mentioned in the judgment, including the costs incurred thereon. ]

14. For efficient execution of his [office, the schout, court messenger and servants of the court shall, if necessary, assist the marshal. ]

15. The director general and council reserve to themselves the right ] to alter, enlarge or abridge these presents accordingly ] as circumstances might hereafter require. Amsterdam in New Netherland, ady ut supra.

References

Translation: Gehring, C., trans./ed., New York Historical Manuscripts: Dutch, Vol. 6, Council Minutes, 1655-1656 (Syracuse: 1995). A complete copy of this publication is available on the New Netherland Institute website.