Star.
London, England, 1828-11-24 00:00:00

THI KIND V. 'ICELAND.

This was an information against the defendant, a
tallow chandler, residing at Camberwell, for manufac-
turing candles without having given due notice to the
Ercise officers, and also for concealing candles after
they were manufactured by him.—He was convicted
cm both counts, and the question now submitted to con-
sideration WAS, whether the two counts, and the sepa-
rate penalties sought to be inflicted under each count,
mere not substantially for one and the same offence,
namely, for that of manufacturing candles without due
not ice.
The SOLIRITOR•GZNRRAL and Mr. WALTON were
heard for the Crown, and contended, that in this case
there had been a concealment after the manufacture,
which constituted a distinct and separate offence. The
latter Learned Gentleman argued that the mete fact of
keeping the candles, which had not been charged the
excise- duty, was in itself an offence ; and still more that
it was an offence in this instance, where the defendant
or one of his servants had blown out the candle in the
room where the candles were lying.
Mr. Jeans, for the defendant, said that that was a
most important public question, and that the Crown
were here seeking cumulative penalties for one and the
same offence. He admitted that the candles had been
illegally manufactured, but further than that there was
no concealment. If the Crown, therefore, established
its rights to the two penalties, the case would go the
length of deciding, that wherever there was an illegal
manufacture there must be a second offence, that of
concealment.

The Couar, thinking the question of great import-
ance, took time to consider their judgment.
Just before the rising of the Court the CHIEF BARON
read the following order :
le COWLS OF 12C1IFQ0111.-311CSAILWAS TIM, NINTH GEO. IF.

*Whereas, great expense is often unnecessarily incurred in mak-
ing up demurrer books, from eating forth those parts of the plead-
ings which do not apply ; It is therefore ordered, that front and
after the end of this Term, when there *hall be a demurrer to part
only of the declaration, or other subsequent pleadings, those parts
only of the deekration and pleadings to which such demurrer re-
lates shall be co Vied into the demurrer books ' • and if any other
part shall be copied, the Blaster shall not allow the cogs thereof
on taxation, either between party and party, or between attorney
and client." (Signed by the four Judges).
BOARD OF EXCISE, Nov. 29.
INTEMAIEDIATIt BIEN.

Edward Rosser, a green grocer, residing in Brownlow
street, Drury lane, was charged with retailing inter-
mediate beer on his premises, which are within twenty
yards of a licensed victualler's house, for which offence
he was gable to a fine of 501.
Mr. Mayo, Solicitor to the Board of Excise, said, that
by the Act 4th Geo. IV. it was illegal for any retailer to
ell 14 intermediate beer" within 20 yards. in a direct line,
from any house that had been licensed three m •nt s.
It was then proved that the defendant's house wAs
only 17 yards from the Sun public house, at the corner
of Brownlow-street, and that it had been kept by Mr.
Tyrrell, its present proprietor, for the last two years,
It was also proiied by Mi. John Walls a Surveyor of
Excise, that he had cautioned the defendant not to retail
his beer within so short a distance of Mr. Tyrrell'shouse,
but he replied be cors'clered he was doing right, and he
would continue to sell beer at his house.
The defendant, in his defence, said he hadbeen com-
pletely misled by his brewer, who had told him to per-
severe in selling the beer. He assured the Court, that
had be been aware it was an offence t s sell beer at his
house, be would long before have discontinued it.
The Cotrar. under those circumstances, mitigated the
penalty from 501. to 10s.

Mr. Thomas Hislop, a merchant's clesk,was fined 51.
for having endeavoured, secretly, to cdrsy one pound of
tea out of the London Doeks.
Mr. James Beghie, a brandy merchant, in St.
Swithin's lane, was fined 501. for having in his posses
sion two gallons Of raw spirits, which were proved to
have been privately distilled.

A singular circummance lately occurred to the keeper
of Sir H. MARTIN, Batt. of Lockingeiouse. As he
was shooting, he sprung a covey of Ifirds, amongst
which was a woodcock; having a double barrelled gun
he killed his bird with one barrel, and with the other
the woodcock, which was a very fine one. He consi•
den it a curious thing, as he says he never before saw
or heard of woodcocks associating with pattridget in a
similar siamstre—rkrks Chronicle.