The Sun. — London, England, 1823-12-31 00:00:00

:~ x 'g 5 I _~,. - ~ k a~~ . . . . . , t ~, „,,,,..„..„,„ ..... , . • d- 6---"' fi b , ~ ~:lrr ~i~lei r }.~h i ~,~ ~ p. SUN. NUMBER 9783. WEDNESDAY, DECEMBER 31, 1823. PRICE SEVENPAIC6C ES l'A BUSHED MEINCINES. TO BE SOLD BY AUCTION IP NEWBERRY and SONS, Proprietors of AL • Dr. JAMES'S and other valuable Medicines, caution the Public against Counterftits, which are now but too coat :4oo, and acquaint them, that none hut the Genninc are sold nt their %Varehouse, No, 45, in St. Paul's Church yard, thc third House from Cheapside. s. Dr. James's Powder 2 9 it in a Bottle . 440 Analeptic Pills - 4 6 6 in a Family Box t 4 0 Dalby's Carminative 1 9 Cephalic Snuff 1 Mr. Spence's Dentifrice 4 0 The Authenticity of the alp. Mate of o' F. Newbery" being, Dr. Solander's Tea • 2 .9 And every other Medicine *lice to Merchants, Captains, Dr. Steer's Opodeldoc 4 9 Camomile Drops I 9 Convulsion Oil 9 6 Paregoric Lorenges I I Bilious Pills (Ncwbrry's) 4 9 Essence of Cuitsfuot :I 6 English Coffee - '4 9 we will be ascertained by the engraved in the Stamps. pr. Hooper's Pills 1 I )f Repute. Wholesale Allow -Bte. ; LONDON - REPOSITORY - I'6i CA BI NET MAKERS' SOCIETY, for every Description of CABINET FURNI TURE, FEATHER BED and MATTRESS MANU FACTORY, No. 71, Corner of LEADENHALL STREET, London, opposite Aldgate Pump.-Ready Money Only, PIPHE Society of Cabinet-Makers respectfully inform the Public that they still continue the above Establishment, for the Benefit of Industrious Mechanics who have larg e Familes, by offering them Manufactured Articles in the Cabinet Line, of the best NVorkrnanship, and Cheaper than any House can do in London by twenty-five per cent., there being no other profit required on the Goods but the bare house expences ; at the same time will be sufficiently satisfied with having constant Employment for themselves and families. This Society was Established in June, 1021, consisting of 20 Mechanics, adding the number of their Wives and Fami lies, amounted to 66 ; in June, 1819, five more were added to the Society ; i n June, 1820, 10; and in June 1821, 0. The total Number now receiving Support through the Means of this Establishment is 191. The Society and their Families beg leave to return their sincere thanks to those Ladies and Gentlemen who have hitherto honoured them with their Orders and Recommenda tions, and shall always feel happy in their endeavours to give &tun satisfaction ; at the same dine solicit a Continuance of their Benevolence, whereby they may be enabled to increase the Number of the Society. The following Articles are inserted as a Specimen of the very Low Prices, all warranted. -Ready Money only. Fall size Mahogany four-post Bedstead, lath bottom 31. 16s. -Full size tent Bedstead 11. N.-13ordered hair Mattress to 6t 11. lA.-Mahogany Drawer, solid ends 31.3x.-Feather Bed lthi.-Ditto, free from dust and smell, full size 31. 10s.- , Six japanned Chairs of any description in oil 11. 65.-Best do. Wash-hand-stand IN.-Ditto, Dressing Table 16s---Hearth Rugs 141.-9 ft. 6 inches Chest of Drawers 41. 45.-Three-foot in&hogany Pembroke Table 11. IN.-Three-foot ditto on pil lan and claws 31. IN.-Mahogany Dressing Table 11.-Ditto Bidett, best ii. 45.-Ditto Bedsteps 11. N.-Ditto ditto 11.125. -Ditto ditto 21. 2s -Ditto Box Glass, 2 drawers, best British Plate 165.-Ditto ditto Is. 68.--Ditto ditto H. 10s.-Ditto Swing Glass, large size, commode N.-Ditto ditto 61.-Ditto ditto Ba.-Ditto ditto 125.-Sea Bed and Pillow 6s. thl •--Ditto .ditto 65.-Ditto ditto 75.-Tray Stand 718.-Long Mahogany Tray 145.--Japanned Book Shelf 75.-Tea Caddy IN.-Porta ble Desk 215.-Desk covers in number 148.-Musie Chairs any pattern N. 6d.-Eight Mahogany Chairs, covered with horse hair, brass nailed 61. 65.-11 ditto ditto 61. 155.-8 ditto ditto 71. 76.-8 Trafalgar ditto 91.95.--Mahogany Sofa to match 71. IN.-Ditto Couch 71. 10s.-Ditto ditto 81.105.-Ditto, with Bedstead 71. 101.-Set of - Mahogany Card and Sofa Tables, on turned legs, banded in rose-wood 81. 165.-Set of Mahogany 'fables, two Card and Sofa, on pillars and claws 121. 125.- Ditto, the best that can be made-to order or pattern 161. 10s. -Handsome 7 foot 6 pedestal, Sideboard, with carved back, 171.-Ditto 7 toot In-Ditto 6 foot six 151.-Set of Dining Tables, of the last pattern, 4 foot by 10 foot 61 11.- Ditto.-4 foot 2by 11 foot 61M ' .-Ditto 4 foot 6by 12 foot 6, 161. 165 .- If Spanish, an a d vance of 31. 10s.-Straw Palliasse 11. Is.-Tent - Bedstead and furniture 31.15--Bamboo Bed stead and French elyptic top, with drapery and fringe, 81. 10.,. -Five-foot mahogany four-post Bedstead and furniture, with Preach draperies, lined all through, complete, 151. IN.- :rive-foot ditto, di tto lfis. IN.-Ditto ditto, with cornice, of a superior make, 181. IN.-Ditto ditto, with gold cornice, ele gant drapery 201.-Drawing-roan Curtains of the best Mo astie and Chintz, fitted for window, 61. 61-Ditto ditto 71. 7s. --Ditto, of a superior and elegant style of work, 101. 101.- Drawing-room rose-wood-Drawing-room Trafalgar Chairs Ditto, inlaid w i t h K u hl. 201.-Table, 2 Covers, and Sofa, 181 . ills.-Ditto 11. h.-Drawing-room Sofa 61. N.-Ditto, 71. 71. - Ditto 81. Bs.-Norge-hair Cushions, each 6s. 6d.-Covered ditto 41. IY. THURNELL, Agent. COUNIMY DEALERS SUPPLIED. Dods packed free of expence, except the materials, and sent to all parts of Great Britain, and to the East and West In dies._ -Captains fitted out, and merchants supplied with Ca- Met Goods for Exportation. • e s Apartments Furnished at a few hours' notion, and Houses two or cow days. To T. TAYLOR, Esq. No. 9, New Bridge-street, London. Hamm/ nen Si n, I BEG leave to inform you, that ever since the year 1790, I bad been afflicted with the Lues Venereal, whleh, from its obstinately resisting every course of medicine Prescribed by the most eminent of the faculty, here, and un 'severalsevere courses of talivation, and twice dis ,barged from the Hospital with little relief, would. nppear to be o f the mast i nveterate na t ure . I n t h e spr i ng of last year guy eitorder had got. to such a head, as nearly to put a period to Iny existence—l bad a large ulcer on the crown of my head, on e en each arm,,and my legs were broke out in a frightful thatiner ; my !lea was dreadfully painful, and had been in a state of ulceration for the last seven years ; my left had also two large nodes on it, was very much discoloured, and gave tee such excruciating pain, particularly when warm in bed, he a early to deprive me of rest; in this lamentable state, I vim recommended by Mr. J. Thompson, (who received so great a cure by them here), to take votia-Leake's Patent Pills, which I began to (lo on the 26th o. May; in the course of a fortnight [began to receive henefit—in little more than a month the ulcers on my bead and arms were soundly healed— : toori after, the sores on my less healed also ; how ever, coqsiderahlediscol o urat io n in the skin, and pain iu the boo* of the left, which, by the blessing of God, and a little longer perseverance in your invaluable Medicine, subsided ; t 4 nodes dispersing, the skin regaining its natural hue, and the noct urna l pa i ns gra d ua ll y going off.—l thus became, by Your liberal advice and medicine, perfectly free from all my former complaints—have recovered my former spirits a rid streogth, and am become jolly and fat, in which state having eontinued many months, to the astonishment of all who knew be. I am at, a loss in what terms to express my gratitude, but th Yoh, for the good of o th er suffering mortals, to make is m s — 7 C l idie as public as possible, as I shall on every occa ion; in so doing ydu will greatly oblige, Mt', riar grateful, obedient, vcry humble servan t. ALEX. MURK ER Wan *Close. Iligh-street, Edinburgh. j „, Witnesses to the above cure:— ""° Lli..lnspsors, No. 8, New Poultry Market, Edinburgh, Pre John )4 4 1ntosh, Old Assembly Close, Edinburgh. • ~, , aetaredand sold by the sole Proprietor, THOMAS TAY- . ; lot : e MeMber of th e R oya l C o ll ege of S urgeons, at hi s Ng- Ss New Bridg e - s t ree t, London; whor, after a cout: (st otresidence rum than 40 years, in a practice parti ettlarly .s directed to tb e cure o f V enereal Complaints an d t h ose !flegfide ,ntal to th e P arts of Generation, with that inviolable ,vooh men of his . profession should always observe in umuit at e t!. he Matters himself the advice avid assistance he b. „...,._Lrnht:y administers to persons taking this Medicine, will , di hy discerning Public, as an advantage seldom -°".ohale, end void II b . Also sol d,b by his is ap ° po a irit a iu ni enr,to lt r Y t . he convenience attune sleuth-b r ill Ar No. Mr. ~4 distance, at the Tovsbop, No. 103. Oxford-street; ge E 7, fish -street-bill; .Mr. Baxter, one ( inburgh Callwel.'s, Dublin ; and of freit,ftd, in boxesneery cousidirable town in Great Itsritoin and with Ns Pf°l l l7 ta. 9d. sub, stamped, imd sealed up set plain directions whereby persons of either elite themselit ' • s with ease, speed, secrecy, an safety ., I k•- EyMr. SOTHEBY, at his House, WELLINGTON-STREET, WATERLOO•I3RIDGE, STRAND, on MONDAY, Ja, nuary 5, 1824, and Three follnwiag Days, at Twelve co'Clock, AN N Excellent COLLECTION of BOOKS, in every Branch of LITERATURE, including Mack Bible (subscription copy.)—Ho.orth's Works (subscrip tion copy)—Basnage Annajes, large paper, 2 vol.—Dugdale's Embanking— Loggan's Oxford— Anderson's Genealogies— Atlas Historique, 7 vol.—Pinello Ribliotheca Oriental, 3 vol. —Renlowe's Theophila, a Poem—Gunton's Church of Peters burgh.—Anatis's Order of the Bath, t vol.—Bihlia Polyglot. ta, Card. Ximenenu, 6 vol.—Biblia Polyglotti, Walton', 7 vol.—Speed's Theatre of Great 131itain—Vitrings in Jaaaili. 2 vol.--Polycronycon, printed by PeterTreveris, 1527—Doug las's Virgil—.origenis Hexaphorum, 2 tel. large paper—He- . rodottis, ()ronovii, large paper—Calasii Concordant*, 4 rel. —Montfancon Antiquitis, avec Supplement, 15 tom. large paper—Ditto, by Humphreys, 8 vol. large paper—Echard's England, 8 vol.—Stephani Thesaurus Grece, cum Olossi rium, 3 vol.—Ditto, Latin, 8 vol.—Nash's History of Wor cestershire, 2 vol.—Picart Ceremonies et Coutunres Iteli gicuses, 7 trm.—Many of the Delphi') Classics, in Quarto-- Horatio', a Bentleii, largo paper—Biblia, Lapponice, S vol. —Stukeley's Medallic History, 2 vol.—Ancient Critical Es says, 9 vol.—Painter's Palace of Pleasure, 2 vol.—Nichols Progresses of Queen Elizabeth, 3 vol.—Strutt's Dresses and Habits, 2 vol.—Don Quizotte, by Smollet, 2 uol.--Arnes, by Herbert, I vol.—Bruce's Travels, 5 vol.—Obras las Fey jou, 14 vol.—Coryat's Crudities, 1611—CEuvres de Caylus, 6 vol. &c. &c. &c. To he viewed, and Catalogues (price Is.) had at the Place of Sale. TOOTH-ACHE AND EAR-ACHE. FERRY'S ESSF i NCE has received the sanc. tion and support of the most Distinguished Person ages in the kingdom, together with the united Testimony of the first Physicians in Europe, and numerous favourable corn. ments in highly respectable Medical bornels, where it has been declared to he the " Rest thing ever discovered for the Tooth-ache and Earache."--It instantaneously relieves the most excruciating Pain, preserves the Teeth sound 'and firm, prevents further Decay, effectually cures the Scurvy in the 0111118. fastens loose Teeth, and renders them Firm and Ser• siceable to the latest period, and etrectuelly Prevents the Toot h-ache. Sold in P•ittlec, at Is. lid. and is. 9d. by Butlers, Chemists, N 0.4, Clisopside, St, Paul's, and it eo, Itegent.street, (Firer the Argyle Rooms), London ; Wisterloo.placa, Edinburgh ; Sacksille.strert, Dublin ; and by the principal Medicine Ven. den throughout the United Kingdom. (r.l' Us careful to ask for " Perry's Essence for the Tooth. ache. ASSESSMENT of TAX Ei at GREENWICH Last night a meeting of the inhabitants " of the parishes of Deptford, Greenwich, Charlton, and Wool wich, was held at the Mitre Tavern, Greenwich, to take into consideration the propriety of petitioning the Lords of the Treasury, anti the Commissioners of the Board of Taxes, for the removal of the grievances occasioned by the present assess ment." At 8 o'clock the large' room of the tavern was filled to excess, and after some difficulty in the appointment of a chairman (the office having been declined by several persons present), Mr. Clarke was called to the chair. The CNAIRMAN then opened the business of the meeting, by calling their attention to the excessive grievance endured by the rack-rent calculations for the rates made by the present sur veyor, Mr. Wm. Thistleton. He described their inevitable ten. dency as being to depopulate the district, and throw upon the poors rate for support, those who, although ureible in many instance* to pey rent, were yet, according to the new schedule of rates, called on to pay taxes which they were unable to en dure. This conduct on the part of a Surveyor was calculated to defeat the intentions of the Legislature in reducing the as sessed taxes—a course which the liovernment could never have contemplated.—(Hear 1) B M-. ENNETT proposed the first resolution, which Wfli to petition the Lords of tile Treasury for the removal of the Sur veyor, Mr. Thistleton, when Mr. NVEI it condemned the early introduction of personal attack into this debate. iirhy, if any complaint were made, not do so in a formal and regular manner ? and then it would appear whether the individual were oppressive, or merely act ing in obedience to the orders of those who had a right to in struct him in the performance of his duty. The oppression of taxation was one thing, and the mal-administration of their collection another: but heave they condemned the individual, they ought to take the trouble of ascertaining, whether or not his conduct was governed by the duty which his instructims imposed. [Here there were several cries of " No," and some indivi duals came torward and asserted charges of extra assessments against the surveyor. This led to a long and desultory conver sation, the result of which was, that Mr. Thisleton's name was omitted in the petition to the Lords of the Treasury, and that of " the surveyor" permitted to remain, to obviate the personal objection. A petition was at length agreed to, as well as a simi lar one to the Board of Taxes.] The following is the sub stance:— _ " That the said surveyor has made tree of most unwarrant. able means to ascertain the value of property, and having ob taied such knowledge, he has invariably reek - rented the holders thereof, and when he has not been able to ascertain the value, ihe has n ; most, instances assessed them to an enormous degree, thereby compelling the holders of such property to produce their receipts, Ate., to obtain a repeal of such duty; and in some instances he has threatened to make a surcharge of eight years back. How far the said surveyor may be borne out by Ins in structions, your petioners know not ; but humbly presume that it is not the wish of yolir Lordships, or any part of lily Majesty's Ministry, to sanction the use of undue severity in the collection of his Majesty's revenue. " That the Legislature did, for the relief of the people, repeal a moiety of the assessed taxes; and whereas the said repeal did affect carriages, dcc., and has taken place ' many who com paratively could afford it, have been relieved. The said sur veyor, to increase the remaining assessment, has descended to the very sink of pau . perism, and enforced the assessment upon small tenements inhabited by poor people, who hitherto have not been able to pay their rent, and which, in consequence, were not Charged in the assessment; the effect of which will be, that the landlords of such tenements will also suffer greatly, as many of theM will be given up, and the parties will apply to the parish for relief. " That after a most minute inquiry, they have not been able to ascertain that any other district is oppressed in the manner here complained of. " 'The petitioners 'therefore humbly pray, that your Lord. ships will be pleased to remove the said surveyor from being surveyor, or apply such other redress as your Lordships may think lit," A committee was then appointed to carry. into effect the fur, they measures necessary to promote the object of the meeting, and thank,' being void tothe Chairman, Mr. CLAUICE, briefly acknowledged die compliment paid to him, and said that he, as well as the other inhabitants of the district, only desired to have fair play in the payment of their taxes. They wished to give the tiovernment what the law required, and what the honour of the Crown, and the exigencies of the State, demanded ; but they were at the same, time determined to resist what they deemed to be an .unjustifiable demand. The meeting broke up at nine o'clock. Ort Tueiday the old Bridge of Earn was put up by public roue, and bought by Sir D. .'ION CRIEFFE for the sum of 255.! This old fabric, which' has stood the test for time immemorial, was, by the town's records, thoroughly re paired about 300 *ears ago, and is at that time suited to have been "an auld, (rail ; and ill biggit brig." It is itipposed one of the oldest in the kiugdont.—(Glarpre Chronicle.) RETAIL, BREWERIES. A Court of Petty Session* for th* County of Middlesex was held yestesday at Brantford. The business which was expected to come before the Magistrates gave to this sitting an interest not often excited by meetings in Petty Ses sions. The question to be decided was the important one to the public, whether brewers, with a common brewer's licence, have power to sell beer in smaller . vantities than gallons (not to be consumed on the premises), without a victualler's licence, granted by the Magistrates. l'he Court was fixed for 11 precisely, but before that, time the large room in which it was held was thronged by a great number of respectable indi viduals, who conceived themselves particularly interested in the decision of the question. Soon after 11 o'clock, Colonel C.l.lTrs**ol. Wm. Carom. Tort, Esq„ JAMES LAWSON, E 19., and the Bev. Dr. BoND, magistrates of the county, took thetr seat* on thelench ; Col. CLrrntaoß in the Chair. After the dispatch of some routine basins,* of no Importance., • Mr. Clarke,. the cicvk to the Megiatwates, called on tbet formattomi, " Proctor againit . Thoinas Brook and Jas. Crook." The first of these was read. It stated, that on the 13th of December instant, Edward Proctor; of Coppice-row, Clerken. well, gentleman ' who prosecuted as well for himself as on be half of the poor of the parish of Ealing, came before William Crighton, Esq. a Magistrate of the County, and gave infOrma don that sifter the 20th of September : 1705, and six months before the day of laying the information, to wit, on the 11th of December, 1823, at the parish of Ealing, in the said county, Thos. Dove Brookes, of the said parish, brewer, did, in the house of the said Thos. Dove Brookes, without being duly li. censed, sell ale by retail in smaller quantities than 41 gallons, contrary to the statute, whereby the said Brook es forfeited the the sum of 201: and costs, half to the informer (Procter), and half to the poor of the said parish of Ealing. There were other count. in the information, charging the defendant with selling ale on his premises, and also permitting It to be sold contrary to the statute. A similar information, for a similar offence in the same pa rish, and at the same date, was laid against James Crooke, but it was not entered into at this period. Mr. PLATT appeared as Counsel for the informer ; Mr. LANOIIAM as Solicitor. Mr. TALFOURD for the defendant ; Solicitor, Mr. Yr/ix'. As soon as the information was read, Mr. TALro tr au ssid he had a preliminary objection to make before the evidence was gone into, which if the Magistrates hold valid, the information must be quashed without going farther. Who Mr. Procter, the informer, was he did not know ; but this he knew, that he was not an officer of time Emilie, nor his 2tlajesty's Attorney-General, and he contended, that by the 56th Geo. 111., cap. 3, no prosecution for a penalty under the Excise could be valid, or at all taken cognizance of by any Ma gistrate, unless instituted by an officer of Excise, or by or with the concurrence of his Majesty's Attorney-General. The Learned Gentleman then cited several statutes, to sliew that this was an information within the meaning of the 56th Geo. 111., and as such should have been prosecuted by an officer of Ex cite, or by the Attorney-General, and that not being so laid, the Magistrates could take no cognizance of it. Mr. PLATT, In reply, contended, that before the act of Ches. 11., no licence could be valid wi h the authority of the Magi strate, and that all subsequent acts, though they went to regu late the licence as far as the duty, and of course the revenue, were concerned, still left the police of them to the superintend ence of the Magistrates. The Solicitor of the Excise or the At torney-General would not interfere on those occasions, unless the revenue was likely to suffer. They were interested only for its protection in these matters; but the regulations respecting the order and decorum which were to be observed in the houses where ale was to be sold—the care that the public morals should not be violated—that the public peace should not be broken in those places, was left to the jurisdiction of the Magistrates, and of any thing which concerned such matters they could take cog niztune, no matter by whom the info rma ti on b e f ore t h em was laid. To support this view of the case the Learned Gentleman cited several statutes. He contended, that from the earliest pe riod, when the selling of ale, beer, and other liquors, became a subject of Parliamentary exacnnent, the regulations of the per sons and places by whom and in which such liquors were vend ed for consumption on time premises, was left under the jurisdic tion of the Magistrates. Mr. TALrounD replied at some length to time arguments of his learned opponent. In tile course of his reply, he took occa sion to notice the letter of Mr. Carr, the solicitor to the Excise, in answer to an application of Mr. Denies, respecting the legality of common brewers selling beer or ale without a victualler's licence. The letter was as follows : " My dear Sir,—The answer given to Mr. P a l mer i s , as I have always understood it, full and explicit to his present ques tion. A licensed brewer, who disclaims the allowance made to common brewers, and pays time full duty as a retail-brewer, may legally sell beer by retail, to be consumed eliewhere than on hie premises, without incurring any penalty. " I am, ace, " T. W. CARR." Col. CLITTIEROIC asked whether this letter was founded on any Act of Parliament? Being answered than() acts were cited by Mr. Carr, he observed, that as such it could be looked upon only as 111 r. Carew opinion. After consulting with his brother magistrates for a moment Col. Cr.rrnEttor stated that they overruled time obje ctiun. , Mr. PLATT then proceeded on the merits of the case. It was, he observed, an information, not laid for the purpose of extorting the penalties, but to try time important question, whe ther a common brewer, by not claiming the allowance, might retail beer without a retailer's, or in other words, a victualler's licence. The act he relied upon in support of this information was the 36th Ow. 111., by which it was enacted (sec. 113), " that any person who shall sell rile or beer, or any other ex cisablc liquors, by retail, or shall penrtit or suffer any ale or beer, &c., to be sold in his, her, or their house, outhouse, or other place, without being duly licensed so to do, an d s h e ll thereof be duly convicte d, shall forfeit 201, and costs ; anti, on a second conviction, shall he rendered incapable of being time eafter licensed to keep an ale-houile, or to sell beer or olier liquors by retail." Ile would not trespass farther on the tinie of the Court at present, but call his witnesses to prove that the defendant had sold beer and ale contrary to this act. He would reserve himself for further cotranent, for Isis reply to any case which might be attempted to be made on the tither aide: Ile then called and examined John Thompson, who stated.— I live in Marylebone parish, 19, Upper Ogleoureet. I know the British Brewery. It is in Brentford. I can't say i is in the parish of Ealing. On Thursday, the Ilth instant, I went to the brewery for beer in' the evening. I saw two or three persons there, serving out the beer.. One of them served me. There is a counter wtthin a shop. There were persons coming away with beer which they had purchased. I purchased a quart of what is called their best ale, for which I paid 11t1. Mr. Brooks (the defendant), I believe, keeps the Brewery. They said it was the British Brewery. (It was here admitted by defendant's counsel, that Brooks kept the Brewery.). . Cross-examined" by ; fir. T Al 4 0 V1M.... I . ,saw others coming out with beer. I saw printed' panne .stuck up in , the place, stating, " No beer purchased here to be drank on the premises." The shop was fitted *pas a shop and. counter fur selling beer. I saw nu person* drinking there. It was here admitted (to save time) that the defendant had acted without a victualler's licence--Here the case closed for the informent. Tauroußn then addreosed the Bench. Hs began by, begging that no persons present Might express their feelings in Court by any applause or disapprobation of what might pass on either side. (We should have stated before, that con siderable applause was elicited from the audience (a very crowded one) by same observations which fell from the Learned Gentleman in the commencement of the proceedings, upon the impoliey and injustice of ,restricting the cheap sale of the general beverage of the pe o pl e .] Such an ex. pressiort of feeling, he now observed, was wholly . unsuited to. the present time and place. His client, he continued, WAS, a wholesale brewer, And had been so ?or a considerable time. In consequence of opinions Which had been publicly stated as to the legality of selling beer by retail, with a comnrou brewer's license, and also of the opinion given on the subject by the So licitor of the Excise, which the Court had heard read, be had made up his mind to become a retailer brewer, not claiming the allowance. To this, on application to the officers of excise, he found no objection. His stock w a s therefore re.gaugetl,and he acted throughma in the most open and undisguised manner. To his surprise, however, he found the present information laid against him, not by any officer of excise, hut by f.te already named. But the parties were not satisfied with one information; far there was another still pending against anot h er individual for the some offence. It was said the object was not to claim the penalty ; but ilthat were the tact, where Yeas the __— necessity of the siconti infotwation I , One won't' have bees sufficient to try the question of law. But to the case. He (Mr. Talfourd) apprehended that by common law a brewer had a right to sell his beer by retail. In contending for the right of the common brewer to sell beet by retail (not to be con sumed on his premises), he would have to notice two classes of statutes ; the first being to regulate alehouses, as to their management, with respect to order and decorum ; and the second being for the regulation of the cornmon brewer, without reference to alehouses. Ile would endea vour to show, that though the Legislature interfered, from time' to time, in regulating the manner in which sellers of ale were to conduct themselves and their houses, it in all - those regula tions recognized the riht of the common bre wer t o se ll by re tail. By the sth a nd 6th of Edward VI., chapter 25, entitled "An act for keepers of alehouses to he bound by recogniwice„" it was set forth, that intolerable abu ses an d injuries. "to the commonwealth" had grown up through ouch abuses as were had in " alehouses and tippling-booties," and a power was given to the Magistrates to , put a stop to the s a l e o f b eer i n common alehouses ;" and it went on to enact, that no person should be allowed to keep any common alebousir or tippling house, but such as were permitted at quarter-sessions, or by two Magistrate', who were, thereby directed to take recognik. ances from the parties for the preservation of order in such houses. The apt contained a clause allowing beer is be sold at fairs; but it evidently related not to the suppression of the sale of ale or beer, but to the suppression of disorder in the houses where these were sold and consumed. The lid Charles 1., cap. 3, for the better enforcing sth and 6th Edward VI., enacted, that any person selling ale, not being licensed to keep a common alehouse, &c., should forfeit a penalty of 20s. ; but that evidently referred to the former act f or t h e regu l at i on of alehouses; for if not, it would prevent the sale of beer al together; and it was obvious that it must be taken in this sense, fin in the fourth sect i on , where penalties were im posed, the words " b e i ng en unlicensed elehouse-keeper" were annexed to the term " offender," and the words " shall offend in any of the premises," shewed that the terms before used were, when taken together, a ppli ca bl e to alehouse keepers on ly . After recitin g some ot h er acts, which, lie con tend, hid In view the recognition of the right of the com mon brewer to sell without a victualler's licence, the Learned gentleman proceeded to the 411th Geo. 111., which enacted (after reciting the 44th Geo. 111., by which a stamp of 'N. 2s. was imposed on licenses, granted by Magistrates, for selling beer or ale by retail) that the acid act (as far as the stamps on the licence by Magistrates) should be repealed; and then it wont on to enact, "that every person who shall sell beer or ale, to be drank or consumed in his house or premises, shall, before be sell such beer, ale, &c., to be so consumed, take out an excise 11- eence." By this Act themanagement of the duty was placed al together under the cont rou l o f t h e E xc i se. T he Act (3d Geo. IV.) commonly called Mr. Bennet's Act, had, he contended, the same meaning, and in the regulations which it enacted re specting the forms of licences, left untouched the rights of the common brewer to sell by retail beer, not to be consumed on his premises. Would it, he asked, be contended that *brewer should descend to the rank of an alehouse-keeper before he could get a licence to sell by retail ? The 411th Geo. 111. should be taken as a key to all the preceding Acts, as applying to the selling of beer by retail, not to he consumed on the pre mises. What were the whole scope and object of all the pro ceeding acts ? Not to prohibit the sale of ale, but to regulate the houses in which it was to be sold and consumed. How did the common brewer, selling by retail what was nut to be con. sumed on his premises, interfere with the spirit or letter of those acts ? Did he prevent the accomplishment of the and they seemed to have in view ? On the contrary, he was aux iliary to that object, by withdrawing the temptation so often held out to individuals in those places where beer and ale were sold and consumed. It withdrew that great encourage. ment to tippling—the society and example of those who were addicted to it; it withdrew the temptation to gambling and other vices, which were encouraged by . constant visits to tip pling houses. Th e p ract i ce of t he. common brewer, who sold by retail, to be consumed off' his premises, wits an encourage. ment to temperance and domestic habits—two qualities gene rally inconsistent with a very frequent resort to the public. bowie. 'raking, then, the whole of the acts he had mentioned, he contended that none of them took away the right of the com mon brewer to sell by retail, where the liquor was not to be consumed on his premises. He would now come to other Acts, by which it appeared that the Legislature had from time to time recognised the common brewer's right to sell by retail without a victualler's licence. By the 12th of Charles H., chap. 24, it was enacted, that every barrel of ale brewed by a common brewer, or other person, was subject to a certain duty, and it mentions " all those that tap out, publicly or privately." By the latter word, must evidently be understood those who sold by retail, as distinguished from the common brewer; but the section on which he relied was that in which it was stated that persons selling by retail should not have for leakage, &c., certain allowances which were granted to others. By the 411 Geo. chap. 30 , it was enacted, (secti on I 8 ), t h at no per son " not being a common brewer," should be allowed to re tail beer at and after a higher rate than three halfpence per quart, without entering into recognizances, and having a licence as a common alehouse. keeper, under a penalty of M. over and above any penalty to which he might be liable for selling with out such a licence. Was not this, he would ask, a direct ad mission that a common brewer might so sell ? Was it to be supposed, when the Legislature made this direct exception in his favour, that it would require him to enter into recognizance* as n common alehouse-keeper? The Acts which would be re lied upon on the other side, were Acts which prevented the common brewer from selling by retail, and at the same time claiming the allowance as a retailer for consumption on his premises. Could it be said that no common brewer WAS in existence when those Acts passed ? The supposition would be absurd; fbr the common brewer was expressly mentioned, and mentioned for the purpose of exempting in selling by re.. tail from saute things to which the alehouse-keeper was liable. The fact was clear, that the right of the common brewer was recognized, and the regulations were made not to exempt him from selling by retail, but to guard against the frauds and eva sions which might be practised by others. Me would assert that the principle upon which this opposition rested, proceeded from a spirit which he would not then characterize. The object of the laws and regulations ho had noticed, was for the security of the Excise revenue, and also for the better regulation of the pike of tippling-hosece. The laws did not prohibit the drink mg of ale ; they only went to regulate the houses where it was drank; anti it a remedy were desired against the mischiefs of such houses, where could it • better be found, than in the common brewer, who stood between the consumer and those manifold temptations which the resort to the public-hottee threw in his way. The common brewer stood between the consumer and *Lich temptations—between hint anti beggary, and held Out en inducement to hint to enjoy A good and cheap beverage by his social tire side, without risking the dangers to which the public-image exposed hint. It wits said that the common brewer did this for his own interest, and n e t for the public good. It was not to be expected, that in his acts he was to expose himself to lose of propel ; but if this were made it pound of objection to hint, how would it apply to the whole sale brewer ? What had the Megistrates then betbre them but a contest of overgrown monoroly against the exertions of humble anti honest industry ? the man who sold his beer as the defendant, acted as it friend to Society. The defendant, in the remorse he had pursued, ucteti in a fair and manly manner, and cousietently with the regulatiotos of those public officers of customs, who would have prevented him if be acted contr a ry t o law. In conclusion, th e Learned tientlenuoi expressed a hope that the couttutit of his client might be viewed in that tight by the Bench which would meet the justice of the case. Mr. TALVOI/w0 now called George Peacock, an officer of excise, who 'proved that the defendant had given him notice in the regular form that he intended to cell :►s a retail brewer. His stock was re.gauged for that purpose, and he was charged the additional. duty. In his cross4examination he said, that defendant had dis claimed the allowance, if a publican brewed his own herr, he would have the same to pay as defendant. The licence under which the defendant acted, was then put in. • Col. CLITISEROK asked whether thAt was sufficient under the,Act, without s Magistrate's licence. Ur. TALrotrtu said, thAt his argument WAS, that the.eotn. mon brewer, who retailed beer not to be consumed on his ))re. mites, was exempted from IN necessity of obtaining a ;Wag's. trate's licence. itiitthows, keeper of the Excite &turtle of the &mkt, moved that the defendant took out hie licence ,as u common ,revecr, and gave the regular notice. •: • • Mr. DAOkltt, a collector of excise, stated that the lizerice pro duced was the outfit° that was granted to all common brewers. By Colonel CLIIKEROE.-114vt you, in the course of the last 12 mouths, received any ii;rections hum the Board of Ex cise respecting these licences ? Witness.-1 have received' this (producing a paper.) The paper was about to be read, when Mr. PLATT objected. The present was not an excise case, and the instructions o f t h e B oar d of Excise,. unless they w ere under the direct authority of an Act of Parliament, could not be taken as evidence of what the law was. Their opinion, how ever wise, was not law. Mr. TALrouan submitted that the paper would" be evi. deuce, if it were only in mitigation of the penalty. Mr. PLATT repeated, that if such was the object, the pre. sent was not exactly the moment. lie then repeated ids former objection. Mr. TALFOURD said he wished to show that the defendant carried on his trade as common brewer accoirding to the regula tions of the Mitch*. The Corms. decided against receiving the Inetructions given to the officer by the Board of Excise, and also against she ceiving the excise licence as common brewer, as arnffielent evi dence of defendant's right to sell by retail without a magi strate's licence. Mr. PLATT replied in support of the Informationoind in A speech of some length conteuded that the Legislature never in. tended to exempt the con 'men brewer from the nitetattityof having Magistrates' licence for a retail trade, more than the common alehouse-keeper. If such an exception bad been intended, it would not have been left to inference, but would have been clearly and expressly declared in all or some of the many Acts which had passed with respect to licence& It was not deniel that the power of granting licences was given to the Magistrates for the prevention of riots or disorders, in the retail of beer. Why should the retailer, who sold beer to be consumed in other places than his premied, be exempt ? It was absurd to say that such sale 'would be exempt from the dangers to which the other mode of retail was liable. Persona who thus got cheaper beer would he likely to consume the greater quan tity of it; and though they might not drink it on the premises where it was purchased, what was there in law to prevent a man living next door from hiring out A, room where such cheap beer could be drank P As he did not sell it, there was no law to prevent hint ; and thus the whole alleged abject of this newly discovered interpretation of an Act would be'defeatett. But he contended, the acts relied upon had no such meaning, and the act upon which the informer= was founded was ex press upon the necessity of having a Magistrate's licence along with the excise licence, without any exception of common brewer or other. The Learned Gentleman then wont, seriatim, through the cities cited by Mr. 'l'alfourd, and maintained that one of them was of sufficient force to evade the plain and obvious meaning of the set on which the information was laid. In conclusion he observed, that if the Bench decided against the Information now, the same question would soon be raised in another ferns ; but if they decided against the defendant, he would have his appeal to the Sessions, and eventually.the ques tion would come before the Judges of the land, who would inform the public what was the law on this point, so that here after there could be no doubt respecting it. The Magistrates consulted together for a few moments, after which, Colonel CerTnEnot delivered the judgment of the Court. He said that in delivering the opinion of himself and his brother Magistrates he would make only one observation. When ha saw such e numerous end respectable assemblage of the Gen tlemen of the neighbourhood on this occasion, he was convinced that the subject before them was considered a most important one. In the opinion which the Bench would pronounce, they would give what was the best judgment ; but it was a satisfac tion to them, that their opinion was likely to come bithre a higher tribunal, where its m er i ts cou ld he snore effectually de. cited. The opinion of the Court was, that the information was valid, and that the d e f en d ants must e convicted. Notice of appeal was immediately given. It was now intimated, that if the Quarter Sessions should affirm the conviction, the informer !wail press only for half the penalty, and that for the parish. After some short discussion, a conviction was recorded on the informetion against Mr. Crooke, for a like offence, but with the understanding, that on the affirm a ti on o f t h e fi rst conv i ction, judgment would not be pressed on this. it Visits, the defendant's soli c i tor , h ere wished to know from the Bench what was to be done with reaped to shutting up or keeping open th e b rewer i es , aga i nst the proprietors or' which the convictions had been recorded- The Magistrates declined giving any a d v i ce on t h e su bj ect. The defendants in that respect must take their own course. The defentlAntl now entered into the proper recognizances to prose. cute the appeal, and the Court adjourned. From the LONDON GAZETTE, Dec, 30. BANK RI TPTCY Si) P ERSEDE D. John Robinson, Burstein, Stattbrtiabire, manufacturer of earthenware. BANKRUPTS. I.lenjamin Buller, Stratford .upon-A von,iVar w i e k s hi re , corn dealer, to surrend e r J an . 22, 2.1, Feb. 10, at the Golden Lion Inn, Stratford-upon-Avon. Solicitor, AIL flall , Ghat James. street, Bedford-row. John Henry Mortimer, Lostwithiel, Cornwall, brandy,mer chant, Jan. 14, 13, Feb. 10, at the Bush Tavern , Bristol. So- Bettors Moors. Vizard and Blower, Lincobes-inti.lields.- William Hurt, Manchester, grocer, Jan. 9, 10 Feb. 10, at the Bridge -water Anu s , Manchester. Solicitors, Illessrs. Net tleshipp and Bicknell, Crocere-hall. John Pratt, Hatton-wall, Ilatton-gartlen, pavier, Jan. 10, 20, Feb. 10, at the Bankrupt* * Court, Basingball-street. So licitor, Mr. 11allton , Clittbrd's Inn. Phillip Acton, Congleton, Cheshire, innkeeper, Jan. 8,9, Fe-t. 10,'at the Roo Buck Inn, Congleton. Solicitors, Nowa. Milne and Parry, Temple. John ;lames a , nd William Somi ivepool, snip-builders, Jan. la; 10, Feb. 10, at the Vork a H o t e l , Lirverpool. Soli citor Mr. Leigh, Charlotte-row, Mansion-hutise. James aingshaw, Latchford, Cheshire, timber-ineralitint, Jan. 30, 31, Feb. 10, at the Nag's Head, 'Warrington. Bo licitor, Mr. Leigh, Charlotte-row illausion-honse. January 20, H. P. l'elerin, Colite-houselnaurance. broker—Jan. 27, J. 61. Flower*, Ltoultnhall-streitt, tailor— Jim. 27, T. IL Evans, Strand,. wiite-roorchanc--Jan. 21, J. Innen, Chalfont, Olour.esterrinre, clothieta,-.Jan. 10, J. P.' elsforti, underwtitm , . CERTIFICATES, JAN. :Alt J. Heys, Stockport, draper-4i.. Clerke, St. blOhliN-stireet, elerkenwelt, slioctooket-11. tiverstheod. Sielibey-errukervey, master-vorrincr—E. 14010, nilliter.street, broker-3. Huck toast, Briatol, botcher. PARTNERSHIPS D'ISHOLVEIO... W. and T. Page, Holborn, wirie-rnot,'Ullto-- W. Hughes and J. Loa) T' ,Tobm, Liverpool, obip.cvuors,v..l. Tobin, W. Al. 1)1164111, and W. Ittighes, ',Atm - pool, insurance brokers-- H. tittilterfolit, E. 10. EVL re and C. J. Lynd,Bra bant-court, Plitlpot-lone, tnertlionts.—:).,A betels's, 8. a...Ben yuly, and 1. Zaffrany, Costlettoeet, 1 - Inuithotitch,, merchants- P., 6- and T. olukk, quiet walls, near A bardet m r, eleth anufactuters-:-E. iiilllloi t and . Rent, Bury St. Erim dads, pawrilirokers-.;-.1. Hinson and T. Oratn, isine , toue• chants—W. Biggs and 11.. Jenkins Strand, *hoe.. tnakers—J. Hard, Birntingtiarn, ante T. (111140, Warwickshire, lime-ilealefli*S..lllorgan and J. .Powell i ,Belatol,„ linen-drapers—T. MA J. W. Cartwright, tipper 'Pluititelt..strees,. bricklayers-11. Hyatt, Al. .11sv v, ond W., Andre. ivs l Stieptou al al let, 'Sumersetshi re, dyers—J.., 3. 0., and W, H. Mtll6,lllark -lone, so fat an regards .1. o..Mins —J. Bermat, J. 10,.„klune u . A nd .1. it. Fry, Bristol, haberdashe rs , so far as regards SAW, Fry—ll. W. Ilytield, and 0. tlylield, ebating,expss, booksellers—A. Henry, jun. NV. Clinloner, and J. teLnAtnyy, Manchester, 111erchants-7. /tows and P. Nokersle Man cheater, linen-drapers---- rbed and C. flatitiugton, K ingston.. upon-flull, wine-Inept:bouts—J. (1, Newton, Bridestow, and.R. Eastcott, Broadwood-Widger, 1/evonshires Lute-burners-41. A. Barker and 4- Burford, Panorama, Strand —E. Scott and J. Brittaii, Plymouth, beer-j. —J. Thompson antl it Handley, Leek, Statl'ordshire, silk manufacturer. 1- t' 1 ' •' 1 t TH E Com ET.-- f I. ite appearance crierlitleresi to be a Comet new)) , discovered, will ho &mid in the 8.8. E.., 4 five in the morning, near to the constellation Argo', and is probably the Comet foretoKhrOr. Halley. '- ' ',•- . ,' ~ ,—. ... .. The poor irthribituri IS nna te'llarttry of trig'ptrisb . . of Charlton, .Kent, to the number of 001 wee 114 01, at Christmas by o r d er o f Sir THOStAaI M ON , MARION IV LLI Bart., now on the Concinent, with liberal donstir,art of bread , and meat.