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Appeal of Jacob Vis of a judgment of the court at New Amsterdam in favor of Andries de Haes

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Warrant with a writ of inhibition[1]

Petrus Stuyvesandt, on behalf of their honorable High Mightinesses the lords States General of the United Netherlands and the lords directors of the Chartered West India Company, chamber of Amsterdam, director-general of N. Netherland, Curaçao, Bonaire, Aruba and the dependencies thereof, together with the honorable lords councilors, have summoned hereto the court messenger, Claes van Elslant de Jonge.

Whereas Jacob Vis has remonstrated to us by petition that he finds himself greatly injured by a judgment handed down by the honorable court of this city, dated 28 October, between him and Andries de Haes, because the aforesaid judgment has ordered him to carry out the determination of certain mediators,[2] notwithstanding he offered to show proof of the mistakes made in the aforesaid determination (so he says). For this our assistance is requested.

Therefore, we order you to summon the aforesaid Andries de Haes to appear here before us in Fort Amsterdam on the first day of court or to send a deputy to respond to any demands and rejoinders that the aforesaid Jacob Vis shall make or effect against him, inviting those of the aforesaid court to appear (if it pleases them) on the aforementioned day, or to send deputies, in order to see us annul or confirm the aforesaid judgment.

Furthermore, we order the aforesaid defendant and invited witnesses not to undertake or introduce anything prejudicial to the aforesaid appeal, but on the contrary, if anything were undertaken or introduced, then to return it immediately to its original state; providing copies for use of the parties, and relating to us what you encounter.

Done at our meeting held in Fort Amsterdam in N. Netherland, the 26th of November 1659.

Paid.

Notes

An order from a superior court prohibiting an inferior court from further action in a case.
Jacob Backer and Johannes de Peister were appointed arbitrators on September 6,1659. They awarded to De Haes, who sued Vis for payment according to the award. Vis then asked the court for a revision to the award, which was denied. See RNA, 3:54 and 66.

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.