The director general and councilors of New Netherland having seen the countersuit of Warnaer Wessels, farmer of the excise, plaintiff, against Egbert van Borsum, defendant, recommend to place a copy thereof in the hands of the parties in order to be responded to on the next court day, ady ut supra.
Cornelis van Tienhoven, fiscal, ex officio, plaintiff, against Adriaen Blommert, defendant. The plaintiff having made a written charge with regard to the marking of some anckers of brandy in the ship N. Amsterdam, the defendant requested a copy from the plaintiff. The request is granted. Ady ut supra.
Having received and read the petition of Barent Arense, discharged soldier, who requested permission to depart for the fatherland with one of the first return ship, because his mother has died in the fatherland. After due deliberation it was decided: Fiat ut petitur. Ady ut supra.
At the session: present as before. Having read and reread the papers and documents produced by Warnaer Wessels, plaintiff, and Egbert van Borsum, defendant, the following recommendations, after due consideration, have been offered thereon
Recommendation of the honorable lord director general, done of his own accord.
Having seen the papers of the suit between Warnaer Wessels, farmer of the excise and plaintiff, against Egbert van Borsum, defendant, concerning certain wines and beers in the beginning of the troubles, which the defendant declared to have concealed, and, after an increase in the excise, transported into another jurisdiction without a sale certificate, as can be seen in more detail in the papers; in which, I think, it is not sufficiently proved that it is the same wine, and that there was any more in the barrels than when first concealed, or was brought into the cellars of the declarants. Secondly, that the proof that it was the same wine and no more (according to the claim of the farmer of the excise) ought to be done before and not after it is exported, but not after the increase in the excise or a new excise in another jurisdiction without recording it, and then certified by the wine or beer carriers ordered thereto, which not having been obeyed completely, it is my recommendation that the defendant has violated the ordinance and placards of both their high and mightinesses as well as the director general and councilors, and consequently ought to be condemned; except that the defendant shall be allowed to continue his business.[i]
Recommendation of N. de Sille, made of his own accord.
N. de Sille concludes that the defendant must be condemned to close his business for six weeks and to forfeit the beers and wines found at the last measurement and be fined the sum of three hundred guilders, to be applied according to ancient custom, cum expensis.
Recommendation of the lord La Montagne, made of his own accord.
Considering that the defendant did not give the plaintiff any notice when he transported his wines from one jurisdiction to another, and did not have the same wine measured, which is contrary to the placards of the honorable high mightinesses, the lords States General, my recommendation is that the aforesaid wine is confiscatable; from which confiscation shall be paid the increase of the excise to the plaintiff; and furthermore, the defendant be condemned to pay a fine of 300 guilders (for this time). (Was signed:) La Montagne.
Having read and reread the papers and documents produced by Warnaer Wessels, farmer of the excise, plaintiff, and the honorable officer assigned thereto, and Egbert van Borsum, defendant, regarding a certain dispute involving the export of wines and beers in the beginning of the troubles, as the defendant declared here to have fled to the fort; the submitted papers and documents having been examined, we find the defendant to have exported from this jurisdiction, out of the cellars of merchants, into another [ jurisdiction ] without having a proper bill of sale for it and without certified workers, and that it was done after the increase in the excise, which is only contrary to the ordinances and placard of the honorable high and mighty Lords States General but also the ordinances and placards of the director general and councilors directed toward the tavernkeepers and tappers; therefore, we declare the wines and beers, which have been transported from one jurisdiction to another without a bill of sale, to be confiscated, and further condemn the defendant to be fined f300:0, to be applied according to placard, cum expensis. Amsterdam in New Netherland. Ady ut supra. (Was signed:) P. Stuyvesant, Nicasius de Sille, La Montagne.
