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.[1]
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.
