Translation
Order referring complaints of Richard Smith and Jeremy Wood to the local tribunals
At a Council ia Fort Willem Hendrick, 19th May, 1674.
Present— | Governor-General Anthony Colve, |
Councillor Cornelis Steenwyck, and | |
Secretary Nicolaes Bayard, assumed Councillor. |
Read and considered in council the petition of Richard Smith, setting forth that
Joseph Smith, of Jamaico, did in the year 1670, to the Petitioner's prejudice, make
an affidavit in the case between the Petitioner and the Town of Huntington, of the
right meaning of which affidavit the Petitioner hath at divers times sought for
further explanation from said Smith, but the same has each time been concealed;
therefore the Petitioner requests that the aforesaid Joseph Smith may be ordered to
make further legal declaration in the premises; complains, moreover, that a certain
person residing about the Town of Huntington is committing great damage daily on
Petitioner's cattle, and therefore requests an order may be made to prevent
him.
Ordered:
The Petitioner in the case of Joseph Smith is referred to the
next Court of deputed Councillors, which will be held for the Towns of Flushing,
Hemstede, Rustdorp, Middeburgh and Oysterbay, which Court is hereby recommended,
after examination of the case, to make such order therein as it will find agreeable
to equity. Regarding Petitioner's complaint of the loss of his cattle, he may
institute his complaint before the officer of the place where the person he complains
of resides.
Jeremy Wood, complaining by petition that Richard Smith, of
Nessequack, hath obtained judgment at the last Court of the deputed Councillors,
holden at Jamaico, against the Petitioner, whereby the latter finds himself
aggrieved, complaining further that said Court was no wise conducted according to law
or the order of the government, but that said Richard Smith, with the aid of his
son-in-law, Schout Willem Lawrence, had chosen such judges [ jury ] as were favorable to him, &c.; requests
that the case be reviewed or else taken up in appeal.
Ordered:
The next Court
of deputed Councillors of the Towns of Flushing, Hemstede, Rustdorp, Middelburgh and
Oysterbay are recommended and commanded to examine the Petitioner's complaint herein,
and on finding that the last Court was not conducted according to the order of
government, then to grant Petitioner a rehearing and revision.