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1649, November 8th.

An ordinance to prevent frauds on the Excise.

By the Honorable Peter Stuyvesant, Director and the council of New Netherland:

"Whereas we see and observe by experience that the Ordinances heretofore enacted against Frauds and Smuggling, which are committed in regard to the Beer which is sold by Tapsters and Tavern-keepers, also that, notwithstanding our previous Ordinance, some few Inhabitants still follow the business of Tapping and Brewing at the same time, whereby not only the customary Excise (pacht) is defrauded, but also other Tapsters who follow the business of tapping only, are injured in their trade, which, being desirous to remedy in conformity with the public law of Fatherland. We hereby Ordain and command that no Inhabitants who make business of Brewing shall, out of meal times, tap, sell or give away by the small measure any Beer, Wine or Liquor, not even to Boarders who pretend and go to eat with them, under which guise we remark no trifling fraud is committed. To prevent both the one and the other, We again Ordain that thenceforth no Beer nor Wine shall be removed from the Breweries, Cellars or Store houses, or placed and put into the houses of the Tapsters, unless they have first entered the same at the Secretary's Office, and the Carters or Porters thereof have taken out a permit therefor, signed by the chief clerk of the Secretary, which shall be shown and exhibited on the same day that it is taken out and signed to our Fiscal, Hendrick van Dyck, or, in his absence, to his substitute, notifying at the same time all Brewers nor to deliver any Beer they may sell, nor to let Carters or Beer-carriers or Tapsters, take it away, unless a permit therefor be previously exhibited to them, on pain of forfeiting the Beer and Wine and all appurtenances, whether Horses, Sleighs or any other vehicles wherewith the same is removed, and an arbitrary correction of such as lend a hand thereto."

1651, June 5th.

An ordinance prohibiting brewers from selling Beer by retail, and fixing the prices of liquors and other articles.

The Honorable Peter Stuyvesant, Director, and the council of New Netherland, do ordain and declare as follows:

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"All arriving Traders, Scotch and Merchants, are hereby permitted, until further order, to furnish the Commonalty free of Excise, for Stringed wampum, but at a reasonable and moderate advance, to wit: the French Wine at twelve stivers per pot; the Spanish Wine at one dollar (thirty stivers); the brandy and strong liquors at thirty-two stivers the can, for the accommodation of the Inhabitants only who are not Tavern keepers; but with this understanding, that such Wines drawn from the Merchant by the can must not be retailed by any Inhabitant, of what quality or nation soever they may be, by the smaller or larger measure, on pain of forfeiting the Wine and twenty-five guilders fine."

"Thirdly, Whereas the Director and Council are informed that, notwithstanding their formerly issued Edicts and Ordinances, some Brewers are retailing their brewed Beer by the small measure and can, not only to the damage, injury and diminution of the customary Excise, but also to the obstruction of the business of others who make a profession of tapping and selling by the small measure; And whereas we experience that some Brewers carry on this trade more securely under the pretence of accommodating the Commonalty by the small measure, our former Edicts and Ordinances are not only hereby renewed, but in addition, all such persons are expressly interdicted from selling any strong or small Beer by the small measure on draught, under the penalty in the former Placards set forth. In order, meanwhile, not to subject the Poor to incon

venience, the Director and Council will, as occasion may require, give permission to some particular Inhabitants who request it, to lay in small Beer free of Excise, with liberty to retail the same at a reasonable advance by the small measure."

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1652, October.

Ordinance against exporting grain and against its use in brewing. Note. This was a Renewal of the Ordinance of 8 November, 1649. It was renewed in consequence of the influx of immigrants from Holland and to prevent a scarcity of bread.

1653, March 26th.

An ordinance increasing the Excise on wines, brandy and other liquors. The Honorable Peter Stuyvesant, Director and the Council of New Netherland do ordain as follows:

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in consequence of the increase of the population, the Director General and Council, [finding an increase of revenues necessary,] have found no better, fitter nor easier expedient than the imposition of some tax on the Wine, Brandy and Spirits, which can best be spared yet are most consumed in this country at a great advance both of buyers and sellers, by the large and small measure. Therefore Director General and Council have deemed it proper and necessary to tax Wine, Brandy and Spirits as follows, to wit:

"All Wines, Brandies and Spirits which from this day forward are laid in and retailed by the Tavern keeper, and laid in, consumed or exported from this place elsewhere, by any other person, shall pay in addition to the ordinary Excise paid thereon heretofore, On a hogshead of French wine 8 guilders,

On the anker of Spanish Wine, Brandy, or distilled Spirits, 4 guilders. Larger and smaller casks and measures calculated in proportion. Wherefore to prevent all frauds, connivance and smuggling the Merchants and Factors shall be notified and told by the Fiscal to regulate themselves according to the tenor hereof, and to furnish no Wine, Brandy or Spirits to any person before and until the same be duly entered and the aforesaid Impost paid thereon, or in default thereof the said Impost shall be levied on them."

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Note. In the copy of this ordinance in the N. Y. Co. MS. XVI. 36, the following words are added: "which duty shall be promptly paid at the Receiver's office, one-half by the buyer and one-half by the seller."

1653, August 18th.

An ordinance increasing, the maximum prices for which Brandy and Wines may be sold.

The Honorable Peter Stuyvesant, Director, and the Council of New Netherland do ordain and publish:

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"Whereas Wines are dearer in the Fatherland than formerly, and the Tavern Keepers purchase them here, at a higher price, Therefore the Tavern Keepers are hereby allowed to sell the French Wine at twenty-four stivers; the Brandy and Spanish Wine at fifty stivers, or the gill at seven stivers,

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Note. The policy of fixing the maximum was disapproved by the Directors at Amsterdam, in their despatch dated 12th March, 1654.

"Equally impracticable is your Honor's Ordinance fixing the price of Provisions, Bread, Beer and Wine. We cannot doubt but you have discovered by experience itself, the impossibility of executing such a Law, as it cannot create anything else than great trouble and strife, both in regard to the Tradesmen and the Tapsters, Tavernkeepers and other buyers and sellers. In order to prevent this in future, we have resolved to command you strictly to regulate yourselves agreeably to the laudable Customs and Ordinances of this City, heretofore sent you, at least so far as the nature and circumstances of that country and of its Inhabitants will or may in any wise possible permit."

1653, November 19th.

An Ordinance fixing the prices of certain imported goods.

The Director and Council of New Netherland.

To all those who shall hear or see these Presents read, Greeting, make known.

But whereas the last arrived Passengers, Merchants and Traders were not preadvised in the matter of the entry of their Goods and Wares, and therefore have entered their Wares and Merchandizes according to their previous custom, besides which are to be taken into consideration the great dangers of the Sea, the heavy insurance and the long time the Goods and Merchandizes have remained in the Ships whereby they have been subjected to considerable leakage and loss; All which being Considered by the Director General and Council, they are fully of opinion that the Merchants could not obtain a living with one hundred per cent above the entry on the Company's invoice at present, therefore not to annul absolutely the previously enacted Ordinance, the Director General and Council have, for the present time thought it best and necessary to appraise some Goods and Merchandizes as follows:

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An anker of Vinegar at.

An ell of Duffel cloth to be sold to Christians no higher than

An anker of Spanish Wine at.

An anker of Brandy at.

A hogshead of French Wine at.

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And the Seller may ask from the Buyer, for the present time, in consideration of existing dangers and heavy assurance, One hundred and twenty per cent over and above the first and actual cost, and no more, upon the penalty and fine more fully set forth in the previously enacted Edicts. The Director General and Council hereby giving notice that this Ordinance and Regulation shall continue only for the present time, and until further Order from Fatherland, and no longer.

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Note. The existence of the City of New York as a separate municipality dates back to the year 1653 when, under the name of New Amsterdam, it received a charter "after the model of free cities of Holland." (See Grolier Club reprint of Bradford's Laws, N. Y. 1894, p. XXVII.)

1654, January 28th.

Ordinance imposing duties on Indian goods, wines and brandy, etc. "The Director General and Council of New Netherland,

"To all those who see these presents or hear them read, Greeting, make known.

"It is known to everyone that according to the general contracts concluded by the Skippers and Merchants with the Hon'ble Company, that all persons are bound to deliver into the Company's store the Goods they take on board and bring hither, and to pay thereon to the Director General and Council here one per cent and so much more as, before the arrival of the ships may be imposed thereon by the Director General and Council, which one per cent the Director General and Council have not hitherto collected and it was not, indeed, possible to be calculated on account of the variety of the goods, besides it might create some complaint and increase

dearness even of the necessary goods, such as Stockings, Shoes, Linen Shirts, Cloths, Soap and other articles. The Director General and Council

* are therefore come to the conclusion in place of the one per cent which is due by all Merchants in general from their cargoes and Merchandise, to impose something reasonable and tolerable only on the Indian cargoes and less necessary merchandise, such as Wines, Brandies, Liquors and Foreign Beer, and Salt, which articles although least necessary, render the most gain and profit, and are usually paid for in cash; so that the Traders and Merchants henceforth, in the place of the one per cent on their general cargoes, shall be obliged to pay only on the Indian cargoes and less necessary goods in manner as follows: For one ell of Duffels, two stivers; for one ell of Woolen cloth or carpeting, of which Indian coats are commonly made, two stivers; for one Indian coat made of Duffels, cloth or carpeting, eight stivers; for one hundred pounds of Kettles, three florins; for one dozen blankets, four florins; for one anker of Brandy, Spanish wine, or distilled Liquors, three florins; for one hogshead of French wine, six florins, smaller and larger casks in proportion; for one tun or half pipe of Foreign beer, three guilder's; for one skepel of Salt, twenty stivers.

"Which Duty shall henceforth be paid as the staple right promptly at the General office, or at least proper security for the payment shall be given to the satisfaction of the Receiver before the abovementioned and other cargoes shall be removed from the Hon'ble Company's store."

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1654, July 22nd.

An ordinance amending the ordinance of the 28th of January, 1654, imposing Duties on Indian Goods Wines Brandy &c

By the Director and Council of New Netherland:

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"The Treasury being, at present, exhausted it is impossible for the Director General and Council to pay the incurred Debts in case they remain any longer deprived of the One per cent and other subsidies, ** * * the Director General and Council do therefore, consider it unnecessary to refer the matter to the Directors in Fatherland, the rather as the low state of the Treasury and the augmentation of the expenses admit of no delay. Meanwhile in order to demonstrate our good will and inclination to encourage Trade, * 串 * the Director Gen

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eral and Council do hereby relieve the Petitioners from about one-fourth of the demanded Duty and stapleright so that" A hogshead of Rhenish or French Wine shall pay. An anker of brandy, liquor or Spanish wine. A tun of half pipe of European Beer... Larger or smaller vessels in proportion.

2 fl. 10.

2 fl. 10.

We hereby command our Fiscal and Receiver not to demand or take more, on payment whereof according to order the Trader or Merchant shall not experience any obstruction, but be absolutely allowed to remove and transport his wares from the Public Store and then to sell to his satisfaction and to their buyers profit." *

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1654, August 28th.

An ordinance renewing the prohibition of the sale of strong liquors to the Indians

The Honorable Peter Stuyvesant Director and the Council of New Netherland do ordain and publish as follows:

"That they [the Director General and Council] see and observe by deplorable experience that many Indians are daily seen and found intoxicated, and being drunk and fuddled commit many grave

acts of violence, not only at the Flatland, whence many complaints have been presented to us, but also, as our experience proves, many and divers Indians are almost daily seen drunk and intoxicated within the city.

"And, whereas up to this time the persons who sell, furnish and give the Natives drink can not be discovered, yet the public necessity being considered, together with the danger that is to be expected therefrom, Therefore the Director General and Council of New Netherland do most expressly forbid the aforesaid selling, furnishing, supplying or giving of any strong drink to Indians, either here * or on the Rivers, Streams or Kills, out of Sloops or in any manner, or by any not only on the penalty formerly expressed, to wit: 500 Carolus Guilders, but in addition such persons shall be corporeally corrected and punished at the discretion of the Judge.

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"In order the more effectually to discover and prevent the same the Director General and Council of New Netherland have, with the approbation of the Committee and Delegates from the Magistracy in this City, adjudged it highly necessary that from this time forward all drunken Indians shall be arrested and imprisoned, and kept in confinement until they shall have told and declared who had furnished, sold or given them the liquor, which confession and declaration of theirs shall, according to the circumstances of the case and the persons, be accepted and believed on that point, and the violators thereof shall, on the declaration of the Indians, be punished according to law and the exigency of the case."

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1654, November 18th.

An ordinance for the better collection of the excise at Fort Orange.

"The Director General and Supreme Council of New Netherland. To all those who shall see these presents or hear them read, Greeting, make known.

"Whereas we have been informed, and told on the part of the Farmers of the Excise, that some Inhabitants residing as well within as without the Jurisdiction of Fort Orange and Village of Beverwyck, convey, lay in and store in cellars, Wine and Beer without taking out or exhibiting a permit from the Farmer or his Collector, whence many frauds and much smuggling must ensue; Therefore, for the prevention thereof, we hereby Ordain and command, that no person of what quality soever he may be, shall carry, place in a cellar, remove or lay in any Wine, Brandy, Liquor or Strong Beer, before or until he take out and exhibit a Permit from the Farmer, Collector or other person appointed for that purpose, whereupon it is set forth whether such Wine, Liquor and Beer are conveyed and removed for a Tapster or for a Burgher, on pain of forfeiting such Wine, Liquor or Beer, or five times the value thereof."

1655, November 29th.

An ordinance increasing the Tavern Keepers Excise through New Netherland.

"The Director General and Council, considering the great and excessive expenses incurred the last year on account of the English troubles, and now again de novo created by the Southern expedition, besides those they must bear in consequence of this unexpected, deplorable encounter with the Indians, natives of these parts, which expenses are increased by maintaining * as well on the South River in Fort Casimir as here, at Fort Orange and elsewhere, and on the other hand the Revenue is smaller than it was last year, estimating the Duties received at not onehalf so much as they were last year, whereby the Treasury is considerable in arrears, and it is in the highest degree necessary that subsidies

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