§ Mr. Alderman Waithmanpresented a petition from William Weaver, complaining of his imprisonment under a prosecution by the commissioners of excise. The worthy alderman expressed his sorrow that the attorney-general had not acceded to the motion which had been made for an inquiry into Exchequer processes; and gave notice that he should himself bring forward some motion upon the expenses incurred in the 1069 conducting of such processes.—The petition was then read, setting forth,
"That the petitioner is a prisoner confined in the debtors' prison for London and Middlesex, and has been since the 2nd of December last, under prosecution of the commissioners of excise for alleged penalties to the amount of 44,450l. upon information that he had been guilty of selling three chests of Spanish juice at the value of about 36l., to a brewer, contrary to the laws of his majesty's excise; that the petitioner most humbly begs leave, in support of his claim to the attention of the House, to state, that he has never, to his knowledge, committed any breach of his majesty's excise laws, according to the just and equitable construction by which those laws were intended and are professed to be administered, but that he has been most cruelly, and (he humbly submits it to the House) most unlawfully prosecuted, without any consideration of the total ruin and destruction of his business and family, in consequence, and upon the oath and information of a common informer, to whom the petitioner has publicly, in the regular course of his trade, sold an unexciseable article; that the petitioner humbly states to the House, that he has carried on the business of a grocer in Charles-street and Cable-street, Saint George's, for upwards of ten years past, and dealt in the article of Spanish juice; that in the year 1815 the petitioner sold to messieurs Stewart and Ward, of Old Gravel lane, bottled porter dealers (one of whom is the informer in this case), four chests of Spanish juice, of the value of 40l., which were at that time seized by the officers of excise in their possession, under some pretence of which the petitioner is uninformed, but, on application, and the report of the surveyor general of excise, were afterwards restored, and consequently the petitioner did not consider himself, as a tradesman, required to doubt the propriety or legality of his selling that article to the said persons; that the petitioner, in the month of February, 1816, sold to the said Ward three other chests of Spanish juice, at the regular credit in the trade, two months, at the expiration of which the petitioner became pressing for payment thereof, and was then informed by the said Ward, that a Mr. Gray, of West Ham, owed him a considerable sum of money, and if the petitioner would accompany him to the counting-house of Mr. Gray, he would then pay him his de- 1070 mand, to which the petitioner consented; that, in the space of about twelve months afterwards, the petitioner was served with Exchequer process, at the prosecution of the excise, grounded upon the oath and information of the before-named Ward (who proved to be a common informer), for penalties to the amount of 44,450l., or thereabouts; but, upon investigation and trial, the only circumstance in proof against the petitioner was, that he had received payment for the aforesaid three chests of Spanish juice of Ward in the counting-house of Mr. Gray, who is a brewer at West Ham; whereupon, before the case went to the jury, the petitioner was induced, by the urgent advice of his friends, to agree to a compromise of 200l.; and, in consequence of his appeal to the attorney-general, stating his total inability to pay the said amount, he was pleased to state to the petitioner that the most favourable consideration of his case would hereafter be observed; and the petitioner humbly trusted that, under the circumstances of his case, his majesty's government would not have proceeded to enforce the said penalty; that the petitioner farther showeth to the House, that his property and effects were suddenly, and without any farther previous notice or demand, seized in execution, and sold by auction at the suit of the Crown for this penalty, which produced the sum of 81l.; and that a part of the property so sold, namely, the fixtures and household furniture, were purchased by the petitioner's landlord, who compassionately lent the same for the use of the petitioner's family, who was thereby enabled, and by the help of other friends, to continue to carry on a small trade, towards the support of his numerous family, consisting of a wife and seven children; but in a short time afterwards, and without any farther notice or demand on the petitioner, the execution was again levied upon his premises, and the same fixtures and furniture which had been purchased by the landlord under the former sale (and remained his property), but humanely left on the premises for the petitioner's use, together with such small stock of goods as his credit had enabled him to possess, were again, in, despite of petition and remonstrance, sold by auction for 52l. besides 13l. 1s. in money, which was taken out of the petitioner's cash box by one Fitchew, the officer of excise, still leaving 53l. 19s. unsatisfied, by Which the petitioner's wife and family became desti- 1071 tute of house or home, except for the mercy of the surrounding neighbours, and himself was at the same time inhumanly dragged to that prison at the same suit, and now remains charged in execution for the before-mentioned penalty of 44,450l., or thereabouts; that, previous to the last sale of the property found on the petitioner's premises, an offer was made on his behalf of 40l. to the board of treasury in lieu thereof, and to prevent the farther disastrous consequences of another sale under such circumstances; this offer was refused, and a demand made of 60l., which the petitioner not being able to comply with, the sale immediately took place; that, in answer to the petitioner's numerous applications and entreaties for mercy, and to be restored to his destitute family, he is informed, through the medium of Mr. Carr, the solicitor to the excise, that the matter is left to the discretion of one Fitchew, who managed the execution, and took from the petitioner all the money he possessed, and that on the petitioner's acceding to his terms he may be released from imprisonment; the petitioner therefore most humbly prays the House, that he may be at liberty to prove the statements of his petition, in such manner as the House may in its wisdom be pleased to order; and, with the conviction that the House will fully appreciate his unfortunate situation, he humbly submits the premises to the consideration of the House, to adopt such measures as to their wisdom may seem meet."
The Petition was ordered to lie on the table; after which, Mr. Alderman Waithman gave notice of his motion for Tuesday next.