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Ordinance annulling all fraudulent sales of mortgaged lands on South river

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NOTICE

Whereas the director general and council of New Netherland are informed and importuned by petitions of diverse merchants and inhabitants both of the city of Amsterdam and of the village of Beverwijck, that they had long since advanced to various inhabitants at the South River in New Netherland, residing at that time in the neighborhood of the former forts, Nassau and Casamier, diverse merchandise for the payment whereof the greater portion of the aforesaid inhabitants have hypothecated and pledged by mortgage their lands, houses, lots and other real estate, which lands, houses and lots (as the creditors have credibly informed the director general and council) the aforesaid debtors have, on the establishment of the colony of New Amstel, endeavored, to their creditors’ wrong, to sell, alienate and to transport to one and another of the colony’s aforesaid colonists, which is directly contrary to all laws, statutes and equity; such sale and conveyance made without the previous knowledge of the creditors and contrary to the executed mortgages are hereby declared null and void, and the purchasers are warned that they have not to pay the same without notice thereof be first made in due form, on pain of being obliged to pay it once again to the creditors on the older bond or mortgage, authorized thereto either preferentially or concurrently.

Thus done in the session of the director general and council held at Fort Amsterdam in New Netherland, the 15th of December 1657.[1]

Notes

Also in LO, 321.

References

Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 1, Laws and Writs of Appeal, 1647-1663 (Syracuse: 1991).A complete copy of this publication is available on the New Netherland Institute website.