A 
 
 PRACTICAL TREATISE 
 
 ON THE 
 
 &ato of ®oU;5 H Custom^, 
 
 AS WELL THOSE PAYABLE IN 
 
 THE CITY OF DUBLIN, 
 
 AS IN EVERY 
 
 CITY, CORPORATE TOWN, FAIR AND MARKET 
 
 IMELALNJD. 
 
 ENABLING THE 
 
 Farmer , Merchant , Factor, Citizen , Dealer, Carman, Kc, 
 to detect any Imposition which may he attempted . 
 
 TO WHICH IS ADDED, 
 
 AN APPENDIX, 
 
 COMPRISING ALL 
 
 %\yz 2tcts of parliament 
 
 ON THIS VERY IMPORTANT SUBJECT ; 
 
 SEVERAL ADIUDGED CASES — VARIOUS RESOLUTIONS OF THE 
 IRISH HOUSE OF COMMONS; 
 
 AND A COPT OF 
 
 THE DOCKET OF THE TOLLS 
 
 CLAIMED BY THE CITY OF DUBLIN. 
 
 COMPILED BY 
 
 JOHN CANTWELL, 
 
 ATTORNEY AT LAW, 
 
 ■•-««<»►«- 
 
 Dublin t 
 
 PRINTED BY JOHN BARLOW, 20, BOLTON-STREETr- 
 
 1 S17. 
 
; 
 
 
 b 
 
 
p.k'.s _ 
 
 l 
 
 
 The chief matter contained in the following 
 pages, has been already published in Garrick's 
 Morning Post , in a S-ries of Letters addressed to 
 the Editor of that Print, which, for spirited Inde- 
 pe idence, steady Adherence to liberal Principles, 
 and the Talent with which it is so a’dy conducted, 
 is not excelled by any other in the kingdom. 
 
 The Author has been informed that numerous 
 applications have been made at the Office of that 
 Paper for the particular Numbers in which his 
 Letters appeared ; they are, however, not now to 
 be had. A re- publication of the whole Series was 
 requested by many persons ; this the Ed i lor de- 
 clined, as it would interfere too much with his ge- 
 neral arrangements, and by taking up the place 
 of new matter, be an infringement upon Sub- 
 scribers and others who have kept the original 
 Numbers. 
 
 A re-publication through the same channel be- 
 ing thus impracticable, the Author, anxious to 
 serve the Public, w ho are all more or less interested 
 in the abolition of vexatious, oppressive and illegal 
 
 exactions, 
 
 to '.-01 
 
m 
 
 exactions, now offers to the Public, in the shape of 
 a Pamphlet, the whole of the Information which 
 his Letters contained. 
 
 By throwing the subject into a regular form he has 
 avoided repetitions ; and w'here the subject required 
 it, he has added fresh matter and some additional 
 facts and illustrations, so as to place the complete 
 knowledge of the subject of Tolls and Customs, 
 and even the Laws relating to Tolls and Customs, 
 Within the reach of every Individual in the Country." 
 
 If any portion of the Public may be hereafter 
 imposed upon, by suffering the exaction of illegal 
 demands* it must be their own fault. 
 
 It is matter of peculiar gratification to the Au- 
 thor, that his labour has not been undertaken in 
 vain. Much good has already flowed from the 
 Letters. The present Publication, he hopes, will 
 finish what has been so happily begun. 
 
 Dublin, June 1817. 
 
 A TREATISE 
 
A TREATISE 
 
 QN 
 
 TOLLS & CUSTO 
 
 8Cc . Kc. 
 
 CHAPTE 
 
 1 Shall not enter into any History of the nature of Toils 
 and Customs, but confine myself principally to the Abuses 
 now so extensively practised in this City, and also in the 
 different Fairs and Corporate Towns throughout Ireland. 
 
 In Cork, Waterford, Belfast, Tuam and Wexford, the 
 People resisted, with success, the claims made on them 
 under pretence of Tolls ; and at Naas, the impositions 
 were annihilated at once, as must be fresh in the Public 
 recollection. 
 
 In Dublin, when actions for extortion have been brought 
 against the Corporation and the Toll-Farmers, who rent the 
 Tolls under the Corporation, they have never contested 
 the matter at Law, but suffered judgment to go by default, 
 in order to avoid the publicity of a trial. For the Judges 
 are so hostile to extortions, from the knowledge both of 
 their illegality and their injurious effect upon the moral 
 habits of the People, that the Toll-Farmers would pay any 
 amount in costs, sooner than let the opinion of the Bench 
 come before the Public, aware what influence it must have 
 on the People to hear the Judges declaring what exactions 
 are illegal, and that the People may resist such demands 
 as are contrary to Law. 
 
 About 
 
6 
 
 About 26 years ago, a gentleman in the town of Ban- 
 bridge near Belfast, by one determined exertion, put an 
 end to that illegal practice of swearing persons leaving the 
 Fair. He went to a neighbouring Magistrate to lodge ex- 
 aminations against the Tollman for tendering the oath to 
 him. The Magistrate at first refused to take his informa- 
 tion, whereupon the gentleman spiritedly told the Magis- 
 trate, that he would apply to the Court of King’s Bench 
 against him, for his having refused to take the information. 
 This intimidated the Magistrate, he did his duty, took the 
 examinations, and ever since no attempt has been made 
 Tn Banbridge to swear any person. 
 
 Ic is to be hoped that the gentlemen through the Country 
 will follow this example, and put down the practice of 
 rearing at Fairs — it is subversive of the People’s morals, 
 and totally destroys any reverence for an oath in those 
 persons who are often sworn, leaving them liable to be 
 erjured upon great as well as upon small occasions. 
 
 The practice of swearing persons at the different Toll- 
 h w otises pvas also very general in Dublin, but has been 
 nearly put a stop to, so that it is unnecessary here to say 
 more upon it, than just to apprize the Dublin and Countiy 
 Tollmen, and also the Public, that the Tollman who dares 
 to administer such, or any oath, is under the Act of Par- 
 liament, 27. Geo. 111. c. 15. s. 6. (made perpetual by 
 40. Geo. III. c. 96. s. 5.) liable to be prosecuted — the 
 punishment is transportation for life ; also the person to 
 whom the oath is tendered, and who takes it, however igno- 
 rantly, is liable to transportation for seven years. 
 
 As many persons are ignorant of the nature and reason 
 of swearing in Fairs, 1 shall explain it : By Law, Cattle are 
 not liable to toll except sold ; yet in nearly all the Fairs 
 through Ireland, a charge for Toll is made upon Cattle 
 going into these Fairs, and a further charge is made upon 
 the Cattle coming out, if sold. To ascertain, therefore, 
 whether the Cattle have been sold or not, the Tollmen take 
 upon them to tender an oath to those persons who assert 
 that the Cattle which they are then driving out of the Fair 
 have not been sold. Many of the Tollmen who know the 
 illegality of their conduct in tendering this oath, strive to 
 evade the penalties in the following manner : — They throw 
 the book upon the ground, the owner or driver of the 
 Cattle then swears. The Tollmen affect to consider such 
 ®ath as voluntary on the part of the person who swears, 
 
 and 
 
7 
 
 and that they then are not liable to the penalties attached 
 to the offence of tendering unlawful oaths. This, how- 
 ever, is not the fact; they do not thereby scr en them- 
 selves; for upon reading the Act ot Parliament of 27. Geo. 
 III. c. 15. s. 6. (in the Appendix,) it will be seen, the Act 
 expressly guards against any such subterfuge or evasion ; 
 for it enacts, Tnat any person not duly qualified by Law 
 to administer oaths, who shall administer, or cause to be 
 admi listered, or tender or cause to be tendered to, or 
 by threats, promises, persuasion, or other under-means, 
 cause , induce , or procure to be taken , by any person or 
 persons, anyunlawful oath, or solemn engagement, upon a 
 book or otherwise, and being by due course of Law thereof 
 convicted, shall be adjudged guilty of felony, and 
 tnav be transported for life.” 
 
 This Act clearly shews, that the Tollmen cannot by any 
 contrivance, evade the penalties. 
 
 In Dublin the Tollmen were in the habit of swearing 
 persons as to the lading on their cars. — In James’s-street 
 Toll-house, they used to swear the men who bring up the 
 Bacon in cars to SpitalfiekTs market, as to the number of 
 flitches on the car. This exposes the Tollmen to the pe- 
 nalties of administering unlawful oaths, under that Act of 
 Parliament. 
 
 The Tolls and Market dues in this City have been 
 for many years regularly increasing, but latterly have 
 passed all bounds. Toll being charged to a great amount, 
 when from the nature of the goods it was evident none 
 could be payable, such as upon Furniture, Porter, Flax- 
 seed, Cotton, &c. &c. ; and Toll has been charged three 
 times over for the same goods upon one sale. 
 
 An ordinary consideration of the matter contained in 
 this Treatise, will satisfy any person that Toll is not paya- 
 ble in one case out of twenty where now charged. The 
 articles exempt from Toll are very numerous — some, be- 
 cause not liable by Law to pay Toll, viz. Provisions, &c. 
 Many are exempt by particular Acts of Parliament, Linen, 
 Flax, &c. ; and others in respect of the privilege of the 
 party as being a Clergyman, a Freeman, a Tenant in an- 
 cient Demesne, or the goods being for private use, or 
 brought for private use. — All Furniture is exempt from 
 Toll, although hitherto charged both going out and com- 
 ing in ; besides which, there may be many other causes for 
 exemption ; .for these cases of exemption here instanced, 
 
 legal 
 
8 
 
 legal authorities are given in the body of the Work, or 
 referred to in the Appendix. 
 
 Many persons erroneously conceived that the Tollmen 
 were armed with an authority which they would not be 
 safe in resisting ; but did they know that they might force 
 their way, and would be justified in knocking down the 
 Tollmen and driving over them, few would submit. — This 
 idea of the Tollmen’s authority was industriously kept up 
 by them in order to impress the People with a dread of 
 resisting on the spot, for they well knew that the People, 
 when once the Toll was paid, would never trouble them- 
 selves more about it. 
 
 Persons who bring up the Mountain Cattle to Dublin for 
 sale, declare that they have frequently paid Toll twenty 
 times over for the same Cattle before they were sold ; 
 although by Act of IV. Anne, c. 8. s. 3. they are not 
 liable to pay until after they had been sold. 
 
 Toll to a great amount is still charged in Dublin upon 
 goods for private use, both coming into the City and going 
 out, which is contrary to Law ; nay more, it is also contrary 
 to the very terms under which the Tolls are set to the pre- 
 sent Tenants, who were publicly informed at the setting, 
 “ That all goods for private use in and out, were free from 
 Toll.” 
 
 The late decisions, and the complaints which have been 
 lodged in the Police Offices against the Toll gatherers, 
 for their extortion and misconduct, have, in a great mea- 
 sure, intimidated them, they find the Magistrates anxious 
 and determined to punish every act of extortion which 
 is brought before them. 
 
 A few months ago they would beat whoever dared to dis- 
 pute paying whatever they demanded ; and the People, 
 as above-mentioned, imagined that the Tollmen must 
 have had some authority ; but now they find the conduct 
 of the Tollmen is quite illegal, and that themselves are 
 at liberty to resist, by force, in case of an illegal demand 
 for Toll. Much, however, remains to be done in remov- 
 ing both the exaction itself, and the outrageous manner 
 of enforcing it; and one object of this Publication is, to 
 render the subject so intelligible to all persons, that the 
 present extortions shall not be suffered to recur at a future 
 day. For originally they w'ere submitted to from igno- 
 rance, and at last, became a settled imposition. 
 
 CHAPTER 
 
9 
 
 CHAPTER II. 
 
 •— o»»e®«c»— 
 
 By the Act of Parliament, 4th of Anne, c. 8. all Toll is 
 done away upon Goods, Cattle, or Merchandise carried 
 into or through any City, Town or Place, where the same 
 shall not be sold, consumed or slaughtered. This Act 
 thus removed all Toll through; and bv section 3d of the 
 same Act, Cattle unsold all over ttie Kingdom, are to be 
 carried out of any Fair or Market without paying any 
 Toll. — This Act of Parliament frees fro nj Toll all goods 
 not sold, consumed or slaughtered in this City, or in any 
 City or Place where Toll is claimed ; and therefore, by its 
 operation, no Corn, Cattle, Cows, Pigs, Butter or goods 
 brought to Dublin for the purpose of exporting, are liable 
 to Toll, which is of great importance to the persons engaged 
 in exporting. Under this Act there is a penalty of 10s. 
 for the first offence, and for the second, and every other 
 offence, a penalty of 51/ This Act, if put in force, would 
 nearly remove all exactions, for a great part of the goods 
 now brought to Dublin, would, by its operation, be free 
 from Toll. 
 
 Lately Coals imported by a gentleman in the County 
 of Louth, were charged Toll in passing through the town 
 of Dundalk. This was illegal, as all Toil thorough, is, by 
 said Act of ^nne, c. 8. done away. 
 
 All goods coming to Kevin-street markets, which are 
 in the Liberty, though passing through the City, are by 
 said Act, 4th Anne, c. 8. as well as the Act 25th, H. VJ. 
 c. 3, free fromjoll at any Toll-house, either in or out. — 
 Several persons latterly do not pay Toll for the goods of 
 any kind brought to Kevin-street market, neither for Po- 
 tatoes, Bacon, Fowl, Butter, Corn, Meal, Flour, Charcoal, 
 Hav nor Straw, a great quantity of which now comes to that 
 market. 
 
 Tiie Act, 25th H. VI. c. 3. appoints where Toll is to be 
 taken — viz. within the City , and gives a penalty of 20s. for 
 each penny illegally taken for Toll. If this penalty were 
 enforced, it would, in many cases, amount to an immense 
 sum — the consequence to the Corporation must be total 
 ruin. It is therefore surprising that the City permits 
 exactions, when liable to so heavy a responsibility. 
 
 By 
 
10 
 
 By the Act, 3d. Ed. I. c. 31. the extortions, which are 
 the subject of this Treatise, amount to the forfeiture of 
 the right of Tolls ; so that it appears, from an authority in 
 Vi tier’s Ab. that the City, by their misconduct of the 
 Toll-gatherers, have lost altogether the right of Toll. 
 
 “ Goods for private use” are exempt from Toll, by the 
 words ot the Docket. — Their meaning and operation ap- 
 pears plain and easily comprehended, but they are more 
 beneficial to the Pub<ic than at first appeal's ; they not only 
 express, that goods coming in for private use shall be ex- 
 empt — but they further mean, as has been decided, “ Of 
 things bought by any for his own private use, no Toll shall 
 be pend. VinersAb, Tit. Toll cites 28. Ass. 50. Br. Toll, 
 pi. cites S. C. p. Thorp , Green and Seton for Law.” So 
 that a person buying in the market. Corn, Cattle, &c. for 
 his own use, such shall be exempt from Custom ; and this 
 is a further proof that Toll should not be taken before the 
 sal'*, -for until the goods be sold it is impossible to know 
 whether they shall be bought for public or for private use. 
 
 Corn sold by sample is not liable to Toll. — “ Toll is only 
 pay. Me upon goods sold in market .” For if the goods are 
 not actually in tne market , and there sold , they are not lia- 
 ble to Toll , which may be then instanced. A dealer who 
 has a largo quantity of Corn. ice. to sell, brings it to Dublin, 
 and stores it in or near the City ; he takes a sample, and 
 going to the Corn market, sells by sample — this is not 
 liabie to Toll, either on the part of the buyer or the 
 seller, for it has been determined, “ That goods sold by 
 sample are not liable to Toll.” This will appear in a case 
 lately decided, Moseley v. Pierson, 4 Durnford and East, 
 104. — See Appendix. 
 
 The Judges’ opinion in this case, and the arguments ol 
 the Lawyers on both sides, clearly shew that goods sold by 
 sample were not liable to Toll, in as much as the goods 
 must be actually in the market ready to be delivered 
 to the purchaser ; and this flows from the circum- 
 stance, that Toll is always payable by the buyers and 
 not by the seller, and then only on the actual delivery 
 of the goods.' Now if the goods are not actually in the 
 market at the time of sale, they cannot be delivered ; 
 yet Toll is charged in Dublin upon Corn sold by sample ; 
 and further, if the person who buys this Corn, &c. so sold 
 bv sample, lives outside the City, a further exaction was, 
 until lately, made; Toll was charged again upon the going 
 
 out. 
 
11 
 
 out -And should the mills where the buyer has his Corn 
 ground be so placed, as that the Corn must pass through 
 £e Cfry on its way to the mills, Toll was agajn demanded. 
 This last charge was insisted on by the Toll-gatherer as 
 pertin^htusly as the first Toil although all Toll, o, goods 
 nassino- through, is abolished by the 4tn Anne, c. 8. 
 
 P The demand of Tod upon Corn, &e. m»g <>«> has re ' 
 commenced within these^vo years: however it is nearly 
 abolished, as many now refuse to pay *t. ^ 
 
 pay, doit turougii ignorance. Many instances ha 
 curred of loss far beyond .he o.e-e W ^ JoJ 
 the persons who have tneir goods deiayeo at the lo _ 
 houses, disputing about this last-uieutioned imposition ot 
 Toll upon goods going out. On the ignorant conn rj- 
 peopleUie impoi.t.on now fails heavi.y, tor the well-.nfo. m- 
 
 td The clainfot' Toll upon Corn sold by sample, n nmr 
 generally resisted, and wiii soon be done *»pg-M** 
 Corn intended tor importation, by >aid Act, 4u, A , • 
 
 8 free horn Toil, even though it should be warehoused 
 
 111 TolH^oidy payable upon Corn in the market and upon 
 market days ; yet foil is charged in ail places and on al 
 days, when coming into the City of Dublin ; and until 
 lately, Toll was again charged upon the Corn going out. 
 
 In enumerating the dungs not tollable, n would appear 
 scarcely necessary to notice the goods ol freemen ; how- 
 ever the fact is. that the imposition extended even to 
 \ Freeman of the City ot U 
 
 the Freemen. A ureeman 01 me cujm Dubhn is, by 
 the Charter of King John, and the subsequent Char-ers, 
 (from which I shad give extracts ) free ^'‘l ail Cas oms, 
 Tolls, ike. ike. through this Cuv, the ivi.igdoin of I.eian I, 
 and all his Majesty’s Dominions; and also fro, ii passing 
 Ferries, Bridges. &c. Tins appears from the C baiter, 
 themselves, and is confirmed by a recent decision, on an 
 a rule aft o the House of Lords bn the subject of Tolls.-*- 
 The Freemen nevertheless were: -.urged Toll, and when 
 they claimed the exemption, were tolu 4 i hey were free 
 from Custom, but not from Toll.” Tne imposition on the 
 Freemen when Corn was high, e nine to above 1000k 
 - vear, for the Freemen cere led int > the idea tuat they 
 wefe only free from Toll upon the goods for their own pn- 
 vate nsef hut should pay lor the goods which the) b ought 
 to market. This is not toe fact, for “ freemen ot u on 
 
12 
 
 are free from all Toll, &c. &c. upon all their goods, and 
 in all parts of his Majesty’s Dominions. 
 
 As the Docket-sheet of the Tolls contains these words ; 
 “ N. B. All goods coming in for private use to be ex- 
 empted from Custom.” If a Freeman should pay for all 
 goods except those for his own private use, he wouid have 
 no privilege above others. Now the Charter evidently 
 meant to give him a valuable privilege in his exemption 
 from Toll, and but for his own remissness he would have 
 had it unrestricted. 
 
 The first Charter granted was by King Henry II. which 
 is very short, and does not bear upon this part of the sub- 
 ject, I therefore shall not give any extract from it. The 
 next Charter was granted by King John, in the 3d year of 
 his Reign, from which the following is an extract : 
 
 Charter of John, Lord I Charta Johannis Dom. 
 of Ireland. J Rib. 
 
 And that they (Freemen) 
 shall be quit from Toll, and 
 Lastage, and Passage, and 
 Pontage, and all other Cus- 
 toms through the whole Land 
 and Realm. 
 
 Et quod sint quieti d£ 
 Theolonio et Lastagio, et 
 Passagio, et Pontagio, et de 
 omnibus aliis Consuetudini- 
 bus per totam terrain et po- 
 testatem meam. 
 
 Another Charter was granted by King Edward in the 
 8th year of Lis Reign, from which the following is an 
 extract : — 
 
 Edward, Sic. 
 
 That they and their said 
 heirs and successors for ever 
 he free from Murage, Pay- 
 age, Pontage, Passage, Key- 
 age. and from all such other 
 like Customs of ali Merchan- 
 dises, and of all their goods 
 of what kind soever, through- 
 out our Kingdom, our Land 
 of Ireland, and our Domi- 
 nions. 
 
 Edwardus, &c. 
 
 Quod ipsi lueredes et suc- 
 cessors sui praedicti imper- 
 petuum sint quieti de Mura- 
 tagio, Pavagio, Pontagio, 
 Passagio, Kaiagio ; ac. de 
 Omnibusaliisjhujusmodi conn 
 metud nibus de mercimo- 
 ni is rebus et bonis suis qui- 
 btiscunque ; per totum rcg- 
 num nostrum ac terram IIi- 
 bernise et potestatem nos- 
 trum. 
 
 Dr. Lucas’s note on this is, “ This exonerates the Ci- 
 tizens of Dublin from Tolls payable in Towns or other in- 
 franchised' Places. From all these and such like Toils and 
 
 Customs, 
 
13 
 
 Customs, the Citizens are exempted throughout the King’s 
 Dominions, as well of England as of Ireland. 1 ’ 
 
 These two Charters completely exonerate Freemen from 
 Toll, notwithstanding which, the Toll is exacted from 
 some of the Freemen; this is, however, fast approaching 
 to a complete amendment, which will materially serve 
 the Citizens of Dublin, as well as the Freemen them- 
 selves. Every breach made in a system of extoi tion fa- 
 cilitates its total overthrow 7 . 
 
 The Freemen do not now pay for Cattle, Corn, or any 
 thing else, except such Freemen as happen lo be igno- 
 rant that it is an imposition, or negligent of their rights. 
 
 Were it possible to have any doubt as to the entire ex- 
 emption of the Freemen, such doubt would be removed 
 upon reading the case, “ The Mayor and Commonalty, 
 and Citizens of the City of London, v. The Mayor and 
 Burgesses of the Borough of Lynn llegis, commonly 
 called King’s Lynn, in the County of Norfolk.” 1 Bos. & 
 Puller, 487, decided upon an appeal to the House of 
 Lords in England. This is a case strictly in point with the 
 case of the Citizens of Dublin, and establishes the right 
 pf their being exempted from all Toll in all places, and 
 was decided so lately as May, 1796. — See Appendix. 
 
 In this case it is observable that the words which exempt 
 the Citizens of London, are the same as those used in the 
 Charter of Dublin, and of course will have the same 
 effect, viz. “ Exempting the Freemen of Dublin from all 
 Tolls, Customs, &c. in Dublin, Ireland, or the King’s Do- 
 minions.” This is the opinion of Dr. Lucas, given 40 
 years ago, published in his Works, and confirmed by so 
 recent and solemn a decision. 
 
 When this is generally known, there will, it is to be 
 presumed, he no more charge of Toll upon a Freeman, 
 the aggregate of which is now considerable. 
 
 The Docket-sheet posted up in the Toll-houses shews 
 that Freemen are not liable, and if every person who is 
 charged would inspect that Toll-sheet, a great deal of use- 
 ful information would be had, for in most cases there is an 
 overcharge, even where Toll is payable ; for “Toll is 
 not payable once out of twenty times that it is demanded.” 
 
 Every Freeman should apply for a copy of thfe Toll- 
 sheet, as in it is contained the declaration of all his goods 
 being exempt from Toll; notwithstanding which, some 
 Freemen are yet charged Toll upon their Corn, Flour and 
 
 Meal. 
 
14 
 
 Meal. From time to time the Freemen are learning that 
 they are exempt by the Charter from all Tolls, and so re- 
 fuse to pay ; but uiany are still ignorant of the fact of 
 their exemption, and those persons are charged. 
 
 A Freeman of Dublin, by the Charter, is exempt from 
 all Toll, Customs, tkc. on his goods, as Tolls over Bridges 
 or Ferries all through Iieland, England, or any other part 
 of his Majesty’s Dominions. # 
 
 The Freemen should require the Corporation to produce 
 the different Charters to be inspected by them. They 
 are, by Law, obliged to permit the Freemen to have full 
 and undisturbed access to them. This point has been 
 already decided, and in Dublin. The late Doctor Lucas 
 was a Freeman, and wished much to support (if possible) 
 the credit of the Corporation, and to maintain the rights 
 of the Freemen. He wished to inspect the Charters. — 
 The Aldermen, alarm* d at his interference, refused to 
 let him see the Cnarters. He insisted upon permission, 
 persevered, and snowing that the} were obliged by Law, 
 compelled them to produce them. He inspected them, 
 and thus detected and exposed a vast deal of the iniquity 
 of the Aldermen of his time. 
 
 Every man in the community has a right to free access 
 to every legal and odiei public document, any ways relat- 
 ing to him 'elf , and that without paying any thing for it. It 
 was under this right Doctor Lucas demanded to see the 
 Charters. 
 
 1 hope the Freemen will avail themselves of this infor- 
 mation, and compel the Aldermen to produce the Char- 
 ters; they can compel them if they please, and it will 
 serve both themselves and the Public. 
 
 Several Charters and Letters Patent have been granted 
 to the Cuy, during different lfeigns, among which are 
 the following, which 1 mention in order to direct the 
 search of those who may wish to inquire after them, 
 viz : — 
 
 Henry II. May 15th, 1193. 
 
 John, 2d November, 2d year of his Reign. 
 
 Duto, 11th July, 10th year of his Reign. 
 
 Kdw. 
 
 Edw. 
 
 Ric. II. 
 
 II. III. 
 
 H. IV. 
 
 Hen. 
 
15 
 
 Hen. V, Feb. 6th, 17th year of his Reign. 
 
 Hen. VI. 
 
 Ed tv*. II, Sept. 8th, 1317. 
 
 Edw. Ill, 5th May, 1336. 
 
 James I. 
 
 Charles II, 4th September, 1676. 
 
 James II, 27th October, 1686. 
 
 Letters Patent of Edward, 14th August, 12th year of 
 his Reign. 
 
 Do. of Edward III. 26th Sept. 37th year of his Reign. 
 
 Toll thorough is abolished by Act of Parliament, 4th 
 Anne, c. 8. I shall explain the nature of Toll thorough, 
 and the effect of said Act. Thus, if a man has goods brought 
 to town by the Royal Canal, which is in the County, and 
 that he lives out of the City of Dublin, though within the 
 Circular road, the goods passing through Dublin are not 
 liable to Toll coming in or going out. If be lived, for 
 instance, in Cavendish -row. Mountjoy-square, Carnden- 
 street, Prussia-street, the Liberties, that part of Bishop- 
 street, Britain-street and Summer-hill, which is in the Coun- 
 ty, North Great George’s-street, &c. &c. all of which are in 
 the County of Dublin, out of the jurisdiction of the City 
 of Dublin, in such case his goods are not liable to pay Toll. 
 Any man who pays Toll should consider this, for he may 
 be exempt, though his next-door neighbour should be 
 liable. 
 
 Until lately the utmost ignorance prevailed as to Tolls; 
 and the Public, without inquiry, paid for every thing, and 
 to whatever amount the Tollmen chose to demand. The 
 Brewers, till lately, regularly paid for their Porter and Ale 
 going out of town 3d. each hogshead, making generally 
 Is. for each dray. Now, supposing them liable to Toll 
 going out (which I positively deny) what can the amount 
 of that Toll be ; only, “ 3d. for every car load of merchants’ 
 goods not herein particularly specied, being the property 
 of one persou thus, if the Tollmen Ibe entitled to any 
 thing, their own Docket-sheet limits the amount to 3d. — 
 But the Docket-sheet itself shews that they are not, so far 
 as regards the Brewers, entitled to any thinggoing out. It 
 has this charge, 
 
 4i Every barrel of Ale coming in, brewed without the City 
 ©r Liberties adjoining, 2d.” 
 
 This specifies clearly upon what they are entitled to 
 Toll, Ale coming in . Now it would be hardly possible to 
 comprehend Porter going out, by the words Ale coming in. 
 
 Braa 
 
16 
 
 Bran and Hay-seed had never been charged Toll until 
 within these two years, neither are liable to any Toll 
 whatever ; nor is there any charge in the Docket for either 
 Bran or Hay-seed; and when any one -refuses to pay for 
 them, the Tollmen suffer him to pass without attempting 
 to stop him. 
 
 Nothing but an express Grant will entitle the Corporation 
 to take Toll, and that no custom will justify them. I wish 
 to call the attention of the Public to this point particular!}’, 
 as many conceive that Toll may be payable from lo?ig usage, 
 and so become payable by custom. This is not the fact ; 
 no custom will justify Toll, and the person acting accord- 
 ing to such custom would be liable to indictment for extor- 
 tortion, and to a civil action for the injury. The case 
 which I shall quote as my authority is Halloway v. Smith, 
 2 Strange’s Reports, 1171, where a Fair was granted so 
 long ago as the time of Queen Elizabeth, and it was held 
 in that case, u That Toll was not incident to a Fair, and 
 that no custom would warrant the demand.” See Appendix. 
 
 There are many cases to the same effect, all esta- 
 blishing the same doctrine, that Toll cannot be claimed by 
 custom. Now I aver, that one-twentieth of the items 
 specified in the Toll-sheet, are not contained in the Char- 
 ter, and suggest the propriety of going to the City Archives 
 to inspect the Charters of the City. The Corporation is 
 bound to produce them to the Public ; but should they 
 refuse, a Magistrate’s summons for any claim of Toll 
 would bring the entire to public view — also at the Roll’s 
 Office, or Auditor Geaerai’s Office, the Charters are to 
 be seen enrolled. 
 
 The goods, tents, &c. going out to, and returning 
 from the Fair of Donnybrook, are charged Toll on pass- 
 ing the Toll-house, notwithstanding that the Fair Grpcn 
 of Donnybrook is within the City. 
 
 Every thing brought there by the person having tents, 
 &c. used to he regularly charged most exorbitant Toll. 
 Now this charge was liable to two solid objections 1st, 
 The goods were going out. Even if the Fair Green, their 
 ultimate destination, was in the County; and as no goods 
 going out are by Law liable to Toll, these goods were 
 exempt. 
 
 2d. The place to which they were going is in the City ; 
 the Toll Farmers themselves could lay no elaun to Toll, 
 
 but 
 
17 
 
 but finding the people ignorant and timid, they took ad- 
 vantage of it, and made them pay. 
 
 Hundreds who go there are so ignorant as not to be able 
 to understand the distinction between County and City, 
 and these poor ignorant creatures are easily imposed on. 
 
 Many, however, who are now informed of the fact, 
 “ That they are not liable to pay any thing,” are resolved 
 to force their way. 
 
 The amount received at the Toll-house upon the 
 goods going out to Donnybrook, and upon the goods 
 Teturning at the end of the Fair, is almost incredible, it 
 exceeded 1601. This will be another considerable deduc- 
 tion out of the profits of the Tolls. 
 
 It is a curious fact, that at all the Toll-houses the prices 
 vary in proportion to the general state of ignorance of 
 the persons who usually pass that way ; and this is shewn 
 at the Toll-house at Donnybrook in a number of in- 
 stances: first, Lambs are charged there one halfpenny a 
 piece, for the County Wicklow Lambs mostly come in 
 that road. At Dorset-street, &c. Toll-houses, Lambs 
 are only charged one farthing a piece, which is the sum 
 specified in the Docket. 2dly, Flaxseed is charged at 
 Donnybrook Toll-house, and at James’s-street Toll-house, 
 3d. per hogshead, whiie in Dorset-sireet and Constitution- 
 hill Toll-houses, nothing is charged upon Flaxseed. 
 
 Pigs are charged one penny each at all the Toil-houses, 
 although in the Docket only liable to one halfpenny each, 
 and sucking Pigs to one farthing each. 
 
 Calves are often charged one penny, although only 
 liable to one halfpenny each. 
 
 The Toll-men know each person who is in the habit of 
 passing in and out, and if they find that the man is likely 
 to submit, they increase their demand ; (suppose on Fowl) 
 and when he asks the reason of being charged this week 
 double what he was chavged the last week, he is told, 
 
 “ That the Tolls are raised.” Thus, at Donnybrook Toll- 
 house they charge for every dozen of Fowl on a car, two 
 pence, frequently up to 2s. 6d. ; whereas a whole car- 
 load of Fowl is only three pence if it contained twenty- 
 dozen, and a single dozen of Fowl is only one penny ; — 
 under a dozen nothing. 
 
 But the most leading and prominent fact is, the People 
 paying for goods going to Kevin-street markets, where 
 neither Hay, Straw, Corn, Eggs, Butter, Potatoes, Char- 
 
 C coal, 
 
13 
 
 cokl, Calves, nor any thing else going to Kevin-sfereet 
 markets, are liable to Toll. Tiiese markets are in the 
 County of Dublin. 
 
 The Lord Mayor is bound, by the Act of Parliament, 
 1st Geo. Ill c. 25 , under a penally or ten pounds, to post 
 up the Schedule of the Tolls, in some conspicuous part of 
 the Market-house or Market-houses , on every market-day, 
 for one month next ensuing every Michaelmas-day. But 
 no Lord Mavor has ever complied with that Act; so that, 
 as to any benefit to the Public, it is a mere dead letter. 
 It is to be hoped the Public^will not suffer it to re- 
 main so. 
 
 A copy of it is, by a printed board, affixed on each 
 Toll-house, announced to he hung up in each Toll-house 
 for the Public inspection, but it frequently happens at 
 the different Toll-houses, that when a poor man requires 
 to see it, the Toll-man refuses to let him look at it. This 
 occurred at the Toll houses on Donnybrook-road, and 
 in Lower Dorset-street. 
 
 The Docket should be posted where the Act requires, 
 <£ In a conspicuous part of the Market-house,” and not 
 in the Toll-house, liable to the insolent refusal of the 
 Toll-men, who would, most likely, refuse to shew what, on 
 the spot, could convict themselves of extortion. 
 
 If posted where the Act requires, every person not 
 only could see it, but it w'ould be thus brought to his view, 
 and he be induced to examine it, and thus lead to the de- 
 tection of these impositions. 
 
 The circumstance of ihe Act so requiring the Docket 
 to be hung up in the Market-house , is a clear proof 
 that the Legislature considered the Toll as payable in the 
 Market , and on Market-days , as declared by the votes of 
 the Irish House of Commons, to be the only lawful place 
 and time to collect Toll. 
 
 The Toil on Corn comes in the year to a great sum, 
 although not a quarter of what was paid heretofore. The 
 Corn -dealers, f actors, &c. are a large and wealthy body, 
 and a very trifling exertion on their part would curtail the 
 imposition to about a twentieth of what is now paid. 
 
 CHAPTER 
 
19 
 
 CHAPTER III. 
 
 ► e«©©3< 
 
 I HE impositions in the markets are very great, particu- 
 larly those in the Hav and Straw- markets. 
 
 Previous to 1814, the only Toll payable upon Hay and 
 Straw was one farthing upon eac<h ioad payable at the 
 Toll-house, and one halfpenny payable at Smithfield ; the 
 two charges amounting to three farthings, were, however, 
 received at the Toll-house, and here is a convincing proof 
 how strenuously every innovation and attempt at impo- 
 sition should be resisted. For the Public paying the half- 
 penny for Smithfield at the Toll- house, it was regularly 
 charged upon Hay coming into Dublin, whether going' 
 to Smithfield or not, and the Public lost sight of the dis- 
 tinction. This charge of the threO farthings therefore be- 
 came an established charge, and Hay and Straw coming 
 in on market days were charged, though not going to Smith- 
 field. What followed ? The three farthings having thus 
 become established, a new scheme was struck out, which 
 is well known. The cars were weighed, and charged 
 2s. 6d. for weighing, being a gross extortion, which the 
 Farmer could then resist, and might still overhaul. — They 
 were also charged Id. for the number marked on the cars 
 and carts, and they are now charged the three farthings at 
 the Toll-house, and one halfpenny per Cwt. for weighing. 
 Af first the charge was only one farthing per Cwt. ; but having 
 submitted to the imposition of the farthing, it was con- 
 ceived they would not resist paying the halfpenny per Cwt, 
 All these charges are illegal and unwarrantable, ajid the 
 persons who make them are liable to be indicted for ex- 
 tortion. 
 
 The imposition practised on the Public, by the late 
 system in Smithfield, is considered nearly 26001. a year. 
 The weighing and numbering of 4000 cars, at 2s. 7d. each, 
 came to 5121. 10s. Od. all out of the Farmers’ pockets, and 
 that too at a time when the whole produce was not sufficient 
 to pay the Rent, even if Tithes, Tolls, Labour, &c. were 
 not to be paid. 
 
 The money paid by the Farmers for weighing and num- 
 bering their cars may yet be recovered back from the 
 
 persons 
 
20 
 
 $ 
 
 persons to whom it was paid, as also the money charged 
 for weighing the Hay and Straw. 
 
 All that Hay is liable to now is, the Toll in the Docket, 
 viz. one farthing each load at the gates, and one halfpenny 
 in Smithfield, making in all three farthings. The Farmer 
 should pay no more, for there is no authority whatever to 
 raise the dues of the markets under any pretence whatever. 
 
 In the Potato, the Fowl and Egg, the Butter and the 
 Fruit- markets, very great impositions are practised. 
 
 Potatoes, by the Act 25th Geo. II. c. 15, are to be 
 weighed gratis — yet 3d. each sack is charged for weigh- 
 ing them. On the quays, 7s. 7d. is charged to each Po- 
 tato boat for the use of a beam and scales, and 5d. per 
 Ton for seeing them weighed, which is contrary to said Act. 
 
 A few years ago, oniy Id. the sack was charged for 
 weighing, and even that Id. was an imposition. 
 
 The late Butter Act, 52d. Geo. III. c. 134. s. 17. limits 
 the charge for weighing Butter at the cranes ; the over- 
 charge there is to a very great extent, and very well de- 
 serves the Exporters’ attention. — See Appendix. 
 
 In the Poultry and Egg-markets the Higglers are charged 
 id. per hundred in number for the standing, and id. per 
 dozen for Fowl. These clyirges are illegal, an extortion, 
 and creates a forfeiture of the market, for ('King v. BardettJ 
 the market must be free and open without payment of any 
 thing for the standing ; and actually there is no charge 
 in the Docket, save for 
 
 “ Every standing for Fowl per Wee/e, 2d.” 
 
 But this charge does not apply to the Country peo- 
 ple who bring their Fowl to market — they are not 
 liable to pay any thing. The Countrymen declare, that 
 but for the combinations which exist between the Chicken- 
 hut hers, the Forc-stallers and the Factors, Chickens and 
 Fowl would be sol 1 for half their present price, and the 
 Countryman better off, 
 
 it is right, therefore, to inform them that every man is 
 at liberty to sell his own goods, and the preventing him 
 from so doing, by any means whatsoever, or the doing of 
 any thing else, by which the price of provisions may be 
 raised, is an indictable offence, and the punishment is 
 fine and imprisonment at the discretion of the Court — 
 One person in the City of Dublin was, a few years ago, 
 found guilty, lined and imprisoned for forestalling Pota- 
 toes. The Countrymen are entirely ignorant of their right 
 to sell their own goods. The Factors take advantage of 
 
21 
 
 this ignorance for their own advantage, and prevent them 
 from selling their Potatoes in any other manner than 
 through the Factors, who encourage forestailers, and 
 each, conscious of the illegality of his conduct, winks at 
 the extortion and mis-conduct of the others. 
 
 Live Fowl, though charged at the Toll-houses, are 
 not liable to any Toil, as will appear by the Docket-sheet 
 posted up, (see Appendix,) where the only charge is 
 for dead Fowl. 
 
 In the Butter-market, the charges now made for weigh- 
 
 ing are, 
 
 All drafts under lCwt. 3d 
 
 Do. lCwt. and upwards, - 4 
 
 It will be seen by the Act of 25th Geo. II. c. 15, in 
 the Appendix, that the only legal charges are, 
 
 All drafts under lCwt. 0| 
 
 Do. lCwt. and upwards, - 1 
 
 Yet for weighing bowls of 7 or 9lb. w’eight, 3d. each is 
 charged. 
 
 In the Fruit-market an extravagantly enormous impo- 
 sition is practised, as if the tenants of the markets, from 
 the success of others in similar impositions, supposed that 
 they might push theirs to any extent. The Country people 
 are now resolved to resist the payment of the present 
 illegal charges, for neither the Lord Mayor, nor an)’ other 
 person, has any authority to increase the charges at the 
 Toil-houses or the Market-houses, and therefore the 
 present tenants have no authority to charge the sums 
 above mentioned. 
 
 The items in the Toll-sheet published in the year 1763, 
 under w'hich the present tenant took the markets from 
 
 the City, are as follow : — 
 
 For every car-load of Apples or other Fruit, - 2 
 
 Every horse-load of ditto, - • - 1 
 
 Every flasket of ditto, - 01 
 
 (Not exceeding the price of a car-load.) 
 
 IN THE MARKETS. 
 
 For every car-load of Fruit, 2 
 
 Every kish-load of ditto, 1 
 
 Every flasket of ditto, 0£ 
 
 No other charges are legal, and any person demanding 
 more may and ought to be resisted ; and the person who 
 
 receives 
 
22 
 
 receives more, may be indicted for extortion, and double 
 the money paid recovered back. 
 
 Having thus mentioned the old established charges, I 
 
 shall proceed with the newly fabricated Docket : — 
 
 A LIST OF ILLEGAL CHARGES. 
 
 For every dozen noggins of Raspberries, - id 
 For every basket of Currants, Strawberries, or) 
 Gooseberries, - - j 
 
 For every kish of do. - 5 
 
 For every hand-basket of small Fruit, 0 
 
 For every clieve of do. - - 1 
 
 For every second size do. - - \\ 
 
 For every third do. - 2 
 
 For every kish of Apples, if more than one on a car, 3 
 For every car-load of Apples, - 6 
 
 For every basket of Nuts, - 1 
 
 For every clieve of do. - - 3. 
 
 For every basket of Wall-fruit, or Hot-house) 
 
 Fruit, - - - ) 
 
 For every Article not here enumerated, - 1 
 
 In addition to all these illegal charges, the persons who 
 retail the Fruit in the market, are charged a weekly rent 
 for their standings, some of them 2s. 6d. a week ; this, 
 or any other charge for a standing, is quite illegal, as the 
 market must be open to every person to come and sell 
 without payment of any thing, unless they use a stall or 
 shed. These persons might resist the charge, might in- 
 dict the owner of the market for extortion, and recover 
 back double what they have paid. Nay more, if the 
 owner of the market builds more stalls or sheds, that 
 there is not sufficient room for the people to stand and 
 sell their goods, and so they shall be compelled to use a 
 stall, and the owner shall charge for such stall, the owner 
 of the market is, in such a case, liable to be indicted for 
 extortion. — See Appendix, King v. Burdett. 
 
 A distinction has been attempted by the Toll-farmers 
 between “ Toll and Custom,” and by this the Freemen, 
 as above stated, were tricked into paying “ Toll,” but 
 there is no difference whatever. “ Toll” is a general 
 word, and in the different Law Books and Acis of Par- 
 liament, is more frequently used than “Custom.” 
 
 By the very Toll-sheet, (see Appendix,) raw Hides, 
 Bark, Irish Salt, Iron, and all goods going to be manufac- 
 tured, and the materials to be used therein, are exempt 
 
 from 
 
25 
 
 from Toll, though many pay through ignorance. Every 
 person whopaysToll should keep an entry of the amount, 
 the date, the servant’s name, the name of the Toll -gatherer, 
 and then upon an investigation he may recover back dou- 
 ble the amount, with the penalties also ; and in case of 
 any inquiry being instituted by Parliament, such an entry 
 may be of great service. 
 
 Till lately the Brewers in the City of Dublin paid 3d. 
 each Hogshead going out; but they now do not pay any 
 Toll whatsoever for their Porter or Ale. Their refusing to 
 pay Toll was in consequence of the Letters which were 
 published on the subject. 
 
 On the 3d of January, 1816, a trial took place in the 
 cause of Shea against Beresford and Doyle, where 12l. da- 
 mages were given for the stopping goods going out of the 
 City. See Appendix. 
 
 In that case it was proved on oath, “That in the year 
 1809, a claim of Toll going out was made on a person who 
 had sense and spirit to resist it. At the request of the 
 Toll-farmers the matter was left to the arbitration of the 
 Recorder of the City of Dublin, who, after three days 
 examination of witnesses, and the most deliberate inves- 
 tigation of the subject, decided, that the Corporation were 
 not entitled to it.” 
 
 Toll first came to be charged upon Corn going out in 
 1800, when considerable quantities of Foreign Grain being 
 imported, the Toll-farmers’ demanded Toll on it going 
 out. Some persons who knew the illegality of Toll being 
 charged on any goods going out, refused to pay, and 
 threatened to proceed against the Toll-men for stopping 
 their drays, upon which the Toll-farmers applied to them, 
 and said they wouid suffer their Corn to pass, and begged 
 them not to make a noise about it. 
 
 The persons who paid, however, never knew the dis- 
 tinction as to its being Foreign or Irish Grain, and they erro- 
 neously conceiving that the Toll-farmers would not make 
 an illegal charge, continued still to pay whether the Corn 
 was Foreign or not. Thus it continued until some person 
 resisted in 1S09, when, as before stated, the claim was 
 left to the arbitration of the Recorder, who decided against 
 the claim of the City. — The amount of the Toll upon 
 Corn is very considerable. 
 
 Goods carried out by the different mail-coaches, day- 
 coaches and private carriages, never are charged Toll. 
 
 The 
 
24 
 
 The charge would be considered monstrous — yet if the 
 same packages be sent out upon common cars or drays, 
 they are charged. This is a manifest contradiction, for 
 Toli is payable in respect of goods, not in respect of the 
 mode of conveyance. Yet in the instance just put, the 
 goods are charged Toll if carried by the same conveyance, 
 but not if carried by the other. The Toll-farmers say, 
 “ All goods are liable to pay on passing the gates in and 
 out yet if carried by a day or stage-coach they are not 
 charged ; if carried by a car or cart they are charged. — 
 Why are the stage-coaches allowed to pass ? Because 
 if such charges were attempted the Proprietors would re- 
 sist them, and the Toll-farmers know well that they could 
 not force such demands, and exposure would follow. 
 
 Waggoners, carriers, &c. are not liable to be charged 
 any Toll. “ Fitz. Tit . Toll , pi. 2. cites Hill 50. Eliz. 
 3,” the charge upon goods going out would not be worth 
 collecting, as almost all the goods which go out of Dublin 
 are brought by the common carriers. 
 
 CHAPTER 
 
25 
 
 CHAPTER IV. 
 
 — «o<5«0©»c= — 
 
 Many persons do not sell their Cattle in Smithfield on 
 the first day ; tne next day, when returning to market, they 
 must pay Toll again, and so from day to dav until they sell 
 them. This is a serious imposition, but a single reading of 
 the third section of the Act of Parliament, 4ch Anne, c, 8, 
 will expose the imposition. It establishes, that no Cattle 
 remaining unsold, shall pay Toll. This would he nonsense 
 if it were lawful to take the Toll before the sale, and con- 
 firms, ‘‘That Toll is not payable until after the sale for 
 until the market is over it would be impossible to know 
 whether the Cattle would remain unsold or not. Some 
 graziers do not now pay Toll on their Cattle coming into 
 Smithfield market. 
 
 If a person who lives in Dublin goes to a Farmer who 
 lives in the Country and buys Corn, Hay, Potatoes, Butter, 
 Cattle, &c. &c. for his private use, no Toll is payable 
 upon these on their coming in to be delivered in Dublin 
 to the buyer. — (See Votes of the House of Commons, and 
 in Appendix). 
 
 Let the Farmer consider this attentively, for the more 
 the subject is considered, the clearer it becomes. The 
 pressure upon the Farmer is sufficiently great, and the 
 Tolls charged are a considerable addition. 
 
 Persons frequently bring goods up by the Royal Canal 
 for export. — These are, by the operation of the Act, 4th 
 Anne, c. 8, free from Toll. 
 
 In three cases out of four, of goods by the Royal Canal, 
 no Toil at all was payable, though frequently charged.-— 
 The present state of agriculture, the present state of the 
 funds of the Canal, and the very misconduct of the Toll- 
 men, strongly urges putting the Royal Canal on the same 
 footing with the Grand Canal. 1 he two clauses in the 
 Acts of Parliament, as to the Grand and Royal Canals, arc 
 in the Appendix. 
 
 The Farmers ought to call a general meeting, and by an 
 tinited effort, force the Toll-farmers to do them justice. — 
 A little trouble would effect it, and it would not be attended 
 with an expense worth considering — twenty pence each 
 would more thau be sufficient. 
 
 D A great 
 
A great part of Dublin, viz. Mountjoy-square, Caven- 
 dish-row, part of Gt. Britain- street, part of Harcourt street, 
 & c. &c. is in the Countv of Dublin, out of the juris- 
 diction of the City of Dublin; yet Toll is demanded upon 
 goods coming by the Royal Canal and by cars to persons 
 res’ding in those streets, which are in the County ; and 
 many, ignorant of the distinction, pay, though by said Act, 
 4th "Anne, c. 8, all goods going to such parts of Dublin, 
 are . ree from Toll. 
 
 The Toll charged upon goods going out and coming in 
 is, in the Docket, called. “ Customs of the gates of the 
 City of Dublin.” Now on the north side of the City of 
 Dublin, there never were walls or gates, and consequently 
 no Customs could originally have been paid on the north 
 side for passing gates which did not exist. A claim of 
 Toll for turnpike might as well be made upon the south 
 side of Dublin, where no turnpikes now are, merely be- 
 cause turnpike is payable on the north side of the City. 
 This is plain, if once seriously considered. 
 
 The imposition of taking Toll on the north side of the 
 river, came to be submitted to in the following manner : 
 
 The Customs of the gates were originally charged at 
 the very gates, and so were charged only on the south 
 side of the City where those walls and gates were. At 
 length the gates and walls were removed, hut the Corpo- 
 ration still demanded the Toll ; and when they found the 
 People submit to pay it, though walls no longer existed, 
 they extended their imposition, and demanded the Toll 
 on the north, as well as on the south side of the City. The 
 Public forgot the distinction. — Many paid because others 
 paid ; and so the imposition continued until the year 1662, 
 when a petition was presented by certain persons to Par- 
 liament on the subject, and the Committee to whom the 
 petition was referred, reported as one of the grievances, 
 “That the City of late charged Toll in all places within 
 the jurisdiction of the City, as well without as within the 
 City and this report was confirmed by the whole House, 
 who cam* to a Resolution, that such was a grievance . — (See 
 Appendix.) 
 
 The Corporation then submitted — Parliament made 
 some regulations as to the Toll, and the persons who pre- 
 sented that petition being no longer charged Toll, and 
 having obtained redress for themselves, took no further 
 trouble in the business — whereupon, after some time the 
 
 Corporation 
 
27 
 
 Corporation re-commenced their old extortions, untilPar- 
 liament again interfered, and in 1703, voted their conduct 
 to be a High Misdemeanour, (see Appendix,) and fol- 
 lowed up that Vote by the Act of Anne, c 8, so often re- 
 lied on throughout this Work; and indeed, if that Act 
 was put in force, scarcely any imposition couid be prac- 
 tised. This last Vote and Act again brought back the 
 Corporation to their ancient limits, viz. within the City . 
 
 But now again, Toll is charged both south and north, 
 and even in the County Dublin. 
 
 The ancient bounds of the City walls are to be seen 
 in a Map of Dublin in 1610, published for “ Harris’s 
 Survey of Dublin,” and is well worth looking to by all 
 ** persons who pay Toll, either on the north or south side 
 
 of Dublin. 
 
 For it is well known that Trinity College, oh the south 
 side of the river, was always, and is still, described as be- 
 ing near Dublin so that by the Resolutions of the 
 House of Commons, taking Toil so far as the College on 
 the south side would be illegal, but they take Toll beyond 
 Bali’s-bridge. 
 
 By establishing the above rule, namely, st That Toll 
 is oilly payable at the very gates of the Citv,” no Toll 
 would be payable on the north side, and so most of the goods 
 by the Royal Canal would become free of Toll ; and 'thus 
 the two Canals be nearly upon an equal footing in respect 
 to the Toll passing, which is now a serious injury to the 
 Royal Canal. 
 
 By 11th & 12th Geo. III. c. 31, s. 29, all goods by the 
 Grand Canal are exempt from Toll, either in or through 
 Dublin, or in or through any other place; yet Toll is 
 charged upon such goods. A great quantity of the goods 
 which come by the Grand Canal are made to pay Toll 
 passing through the City when going out, and the persons 
 ignorantly pay it. 
 
 By 1st Geo. III. c. 17, s. 27, all Turf, Furze and Timber, 
 (in faggots for fuel) are exempt from Toil in all parts of 
 Ireland. 
 
 By 3d Geo. III. c. 34, no Toll, Custom or Duty what- 
 ever, shall be paid or demanded for any Flax-seed, Hemp- 
 seed, Flax, Hemp, or Cotton, or any Cloth made of 
 Linen, or Hempen, or Cotton Yarn, or Cloth male of 
 Linen or Hempen Yarn and Cotton mixed, Kelp or Pot- 
 ashes, Wheels, Reels, Hackles, or Looms, lor or by 
 
 reason 
 
28 
 
 reason of their being brought to, or kept in any Market 
 or Fair, or for the passage of them, or any of them, over 
 any bridge* or through any City or place whatsoever, 
 (Turnpike Gates only excepted,) a penalty of 40s. for 
 each offence; yet very lately Toll was taken, demanded, 
 and insisted on from many persons bringing out Flax-seed 
 to the Country, 3d. each hogshead. Also Potashes and 
 Kelp are frequently charged. 
 
 Many persons who bring in Linen Rags to sell to the 
 Paper Manufacturers are charged Toll ; also Ropes in and 
 out have been charged Toll, contrary to this Act. 
 
 Coloured Cotton Goods are frequently charged Toll 
 passing through the Town of Drogheda, as also the Cotton 
 Wool, for all which the Act of Parliament, 3d Geo. III. 
 c. 34, inflicts a penalty of 40s. for every offence. Also, 
 by that Act, it would appear that charging Toll on these 
 articles passing over the bridge* of Derry, &c. &c. 
 is illegal, as that Act forbids all Toll except for Turnpike 
 Gates. This is worth attending to, as a great deal of Flax- 
 seed is carried over the bridge of Derry. 
 
 And that same Act also requires ail Linen Cloth or Yam 
 sold in any Fair or Market, to be sold within the custom 
 gates or gaps of such Fair or Market, under pain of for- 
 feiture. 
 
 Thus that Act exempts all Linen, Cotton, &c. from pay- 
 ment of any Toll, Custom or Duty whatsoever; and it 
 also requires all Linen and Yarn to be sold within the Fair, 
 thereby to enable the proprietors to make returns of the 
 quantity sold, and to prevent frauds in the sale. 
 
 By the Act 53d Geo. III. c. 12-3, the only charge on 
 passing over the bridge of Wexford, over the river 
 Slaney is, 
 
 For every* piece of Linsey or Linen, - - 04d 
 
 Consequently all the other things above mentioned, 
 viz. Flax, Hemp, Cotton, Looms, &c. can pass Toll free, 
 over that bridge at Wexford. 
 
 Drays passing through Drogheda are charged 6d. each, 
 which is contrary to the said Act of Parliament, 4th Anne, 
 c. 8; the penalty for such demand is 10s. for the first 
 offence, and 5i. for every other offence — to be recovered 
 before a Magistrate. 
 
 The Lord Mayor has lately attempted to prevent the 
 selling by sample in the Corn-market. Constables endea- 
 voured to stop the Factors, and cne gentleman was very 
 
 violently 
 
29 
 
 violently treated ; he is a Factor, and it is remarkable that 
 he never sells a grain of Corn which comes by land car- 
 riage, but the greatest part, if not all the Corn which he 
 sells, comes by the Grand Canal ; yet his Lordship seized 
 upon the sample bags which Mr. Dalton had in his hands, 
 and the constables and policemen attempted to take him 
 into custody; for what? For selling Corn by sample, 
 which Corn came by the Grand Canal — thus attempting to 
 inforce his illegal conduct by violence; I say illegal con- 
 duct, for I aver, that any Factor, or other person who 
 pleases, may sell his Corn by sample, and that there is no 
 Law to prevent him from so doing, where the Corn comes 
 by the Grand Canal, by the Royal Canal, or Coastways; 
 and that any attempt to obstruct him in selling such Corn 
 by sample, is highly illegal, may be resisted by force, and 
 that the Lord Mayor and all assisting in giving such obstruc- 
 tion, are liable to actions at Law for the injury, as well as 
 indictments for breach of the peace. 
 
 I do not know how his Lordship may be treated by the 
 Factors on the Grand Canal ; but he may depend upon it, 
 he will meet with a very determined and spirited resistance 
 from the Factors on the Royal Canal. With the Factors 
 and Farmers on the Line of the Royal Canal, it will be of 
 great importance, as thereby their Corn will be free from 
 Toll. 
 
 The two Canals are differently circumstanced as to Tolls; 
 for, by the Act of Parliament, all Goods, Corn. &c. coming 
 or going by the Grand Canal, are free from Toll ; but by 
 the Act of Parliament respecting the Royal Canal, the 
 right of the Corporation of the City of Dublin to Toll, is 
 not done away, so that where by Law entitled to Toll they 
 are still entitled. Thus it will be seen, that to the Royal 
 Canal it is of great importance to establish the practice 
 of selling by sample, for thereby they will be free from 
 Toll, whereas the Grand Canal is at all events free from 
 Toll. So that with the Grand Canal Factor it is only a 
 matter of convenience ; with the Royal Canal f actor it is 
 both a matter of convenience, and an important matter of 
 interest ; because it being clear matter of Law, that Corn 
 by sample is not liable to Toll — what is the saving to the 
 Farmer who sends his Corn by the Royal Canal ? No less 
 than one farthing a barrel, and one barrel of Corn out of 
 80 , at the very least. 
 
 This 
 
30 
 
 This appears trifling to a small Farmer, and not worth 
 disputing about ; but to an extensive Farmer it amounts 
 in a few years to a considerable sum, and the Farmers now 
 look to every charge the most minute. For when they 
 have not money to give employment to their starving 
 neighbours, they will not be so liberal to the Corporation 
 of the City of Dublin. Let it be considered, that it is con- 
 siderably more than one eightieth of the Farmer’s property ; 
 nay, it is actually more than one eightieth out of his mar- 
 ketable Corn — what is to pay his Rent — his Taxes — his 
 Tithes — his Workmen ? 
 
 Many persons are yet ignorant of the distinction which, 
 by Law, is made between the Corn brought by land carriage, 
 and the Corn brought by the Canals and Coastvvays. And 
 supposing his Lordship would not act illegally, they think 
 he must he right. And as he exerts his authority to put 
 down all selling by sample, they conceive he must have 
 the power by Law to do it. This is not the fact. 
 
 This idea, however, will be at once removed by looking 
 at the Lord Mayor’s Proclamation, in which he confines 
 himself to Corn brought by land carriage. Let them look 
 at the Act of Parliament, of the 23d and 24th of the King, 
 under which his Lordship professes to Act, and they will 
 see it relates entirely to Corn brought by land carriage . — 
 Then it maybe asked, how came his Lordship to prevent 
 the Factor selling by sample, when his Com comes by the 
 Grand Canal, and not by land carnage ? To that question 
 it is impossible to give the proper answer. But this I can 
 say, his Lordship has no Act of Parliament to support him 
 in his treatment of that Factor. 
 
 The great object in this case is, to secure the Tolls upon 
 Corn to the Corporation, and this will be manifest, upon 
 taking a short view of the subject. 
 
 Selling by sample was introduced by Alderman Beres^- 
 ford during his Mayoralty. The fact, that by Law Corn 
 sold by sample was free from Toll , was published in “ Cur- 
 rick's Morning Post.” That'was denied by the Corpora- 
 tion ; and as many persons refused to pay Toll upon Corn 
 sold by sample, the Corporation issued a Proclamation, 
 that they would compel the payment of Toll upon Corn 
 sold by sample. That Proclamation was disregarded — 
 the People refused to pay — forced their way in spite of 
 the Tollmen. Upon this, another Proclamation is put 
 forth by which it appears, that the Corporation had found 
 
 . out 
 
31 
 
 eut and considered, that by the Act of Parliament, introduc- 
 ing the practice of selling by sample, was highly illegal, and 
 that after a certain day no Corn should be sold by sample. 
 But observe, that is and must be, Corn brought by land car- 
 riage ; for with Corn brought by the Canals or Coastways 
 they cannot interfere ; and the Factors may or will conti- 
 nue to sell such Corn by sample, without his Lordship’s 
 being able to prevent it. 
 
 The City claim aright to the Toll which they demand, 
 under pretence, that they paid 20001. a year towards the 
 paving of the streets. This is not the fact, as the following 
 Statement will shew, for the 20001. paid by the City was 
 not for paving the streets, but was for sweeping the streets . 
 This I shall shew from the Acts of Parliament themselves, 
 and I shall also shew what they really do pay for Paving. 
 
 The Act, 47th Geo. III. sess. 2. c. 109, s. 51, recites, 
 ** And Whereas, the cleansing of the streets and other places 
 in the City of Dublin, before the passing of a certain Act 
 of the 24th and 25th }*ears of his present Majesty’s reign, 
 entitled, &c. &c. was conducted and managed under the 
 decision of the Lord Mayor, Sheriffs, Commons and Citi- 
 zens of the said City, and the expenses thereof were de- 
 frayed by them out of the revenue arising by the Tolls and 
 Customs of the said City. And Whereas, since the passing 
 of the said Act, the said Lord Mayor, Sheriffs, Commons 
 and Citizens, have paid to the Commissioners intended to 
 manage the paving, lighting and cleansing the said City, 
 the sum of 20001. yearly, towards defraying the expense 
 of cleansing the said streets.” It enacts that 20001. shall 
 be paid towards defraying the expense of cleansing the 
 streets. 
 
 The sections 49 and 50 further demonstrate the truth 
 of my assertion, and also shew, that the Legislature must 
 have been suspicious of the Corporation attempting the 
 deception which I am now endeavouring to do away. For 
 section 49 recites, “ That it was incumbent on the Lord 
 Mayor, &c. to have and keep in repair, certain parts of 
 the pavements of said City and it goes to say, * ( That the 
 estimated expense of paving those certain parts, (including 
 Stephen’s-green,) was to be 3501.” and then enacts, “That 
 the Lord Mayor, &c. shall pay 3501. a year; and in consi- 
 deration of such payments so to be made, the said Lord 
 >la 3 *or, &c. shall be discharged and exonerated from all 
 costs aod expenses of paving and repairing the said pave- 
 Bients, and of the pavement around St. Stephen’s-green. 
 
 Thus 
 
32 
 
 Thus it is manifest, that all the City pays for, or towards 
 paving the streets, is 3501. — not 20001. as asserted by the 
 Corporation. 
 
 Section 50, recites, “ That the Lord Mayor, &c. used to 
 maintain and light several globes or lamps at the Mansion- 
 house, Tholsel and Market-house,” and enacts, “ That 
 they shall pay 201. a year in lieu thereof.” , 
 
 And in the Act of Parliament a distinction is made 
 between paving , lighting, and sweeping , and separate 
 sums appropriated for each. 
 
 A person might well imagine the Parliament was aware 
 of the turn which the Corporation would give it, if the 
 whole amount ha<j been put together, and not as above — 
 separately ; for it would then have been confidently as- 
 serted by the City, that the 2,0001. was paid for paving ; 
 such assertion, however, is now negatived by the Act of 
 Parliament itself. 
 
 The Corporation get full value for die 3501. paid for 
 paving, not 20001. as alleged ; as for that sum, the Man- 
 sion-house, Market-house, Tholsel, Stephen’s-green, 
 Smithfield, &c. are paved and kept in repair. 
 
 The charge for paving Stephen’s-green would be near- 
 ly 2501. a year, if the City were charged at the general 
 rate, viz. one shilling a foot all round the Green, being 
 the usual charge for dead walls. This leaves but 1001. 
 a year for the paving of the rest of the places belonging 
 to the Corporation. 
 
 The underneath extract, from the accounts of the Pav- 
 ing Board, will set the Public right as to those assumed 
 claims of the City; for it thereby appears, that the expense 
 of cleansing the streets of Dublin, amounted for the year 
 ended, 5th January, 1815, to 59031. 19s. 7jd. and the 
 City only pays 20001. towards it. That the paving , flagging, 
 and lighting, for the same period, amounted to 30,9351. 
 €s. 3d. towards which the City only pay 3701. 
 
 The Commons’ Journals shew — 
 
 ‘'That in the year 1662, complaints were made to the 
 House of Commons, of the gross extortion of the Cor- 
 poration. These complaints were established — the Cor. 
 poration threw themselves on the mercy of the House of 
 Commons. A regulation thep took plase as to the Toll 
 on Corn, viz. that Corn should only be taken in the Market, 
 and on Market-days, a certain quantity to be taken for 
 Tolls was ascertained ; Corn for private use to be exempt 
 
 from 
 
33 
 
 from Toll, &c. &c. An Address was voted to the Lord 
 Lieutenant, praying to allow the City to take the Toll ac- 
 cording to the regulation, and “ Sir William Davis, Re- 
 corder assured the House, that when the Toll came to 
 be taken according to the manner proposed in the report, 
 the Tax now laid upon the inhabitants of this City for cleans- 
 ing the streets would be taken off.” Well, the Toll was 
 taken by the City, even more beneficially than that pro- 
 posed by the report, and has so continued ever since; 
 but the Tax was not taken off the inhabitants of this City 
 for cleansing the streets. 
 
 Observe again, the 20001. a year is paid, not for paving, 
 but for cleansing ; and that too, the cieansing of the dif- 
 ferent City markets, the profits of which are very consi- 
 derable ; for it is asserted, that the Potato, Fruit, Corn, 
 Hay and Cattle markets, do not return less than 12.0001. 
 ayear to the City, or those to whom they choose to set them. 
 
 Thus, it would appear, the Corporation are still largely 
 indebted to the inhabitants; and it was that consideration, 
 no doubt, which induced the Parliament to make them 
 pay the 20001. to force them in some degree to restore 
 a part of what they had consumed of the Public money, 
 for which they gave no value. 
 
 No Corn for private use is liable to Toll, so that a person 
 buying Corn in the Country or in the market for the use 
 of his family, is not liable to pay Toll for it. 
 
 This is manifest from the said Votes of the blouse of 
 Commons. By these Votes Toll is only of right to be 
 taken in market, and upon market days; and the quantum 
 to be taken is one sealed quart struck of Winchester mea- 
 sure out of each barrel of Wheat, Rye, Bere and Barley, 
 and three pints struck out of each barrel of other Grain 
 sold in the market. 
 
 And when walls were about Dublin, one farthing a bar- 
 rel was charged for the Custom of the gates ; but the right 
 to that charge is done away, as no gates now exist ; and 
 even if the gates and walls still remained, the farthing a 
 barrel for Toll thorough ceased by the operation of the 
 Act of Parliament, 4th Anne, c. 8, which abolishes Toll 
 thorough. 
 
 O 
 
 The place where the Toll shall bo by right taken is, by 
 said Votes of the House of Commons, stated to be in the 
 market , and on market days. These Votes declare, the 
 taking of Toll in all places within the jurisdiction of the City , 
 
 E us 
 
34 
 
 as well without as within the City , to be a grievance. This 
 requires to be explained, and the explanation and Vote 
 being considered attentively, will shew beyond a doubt, 
 that Toll cannot by Law be taken on the north side of the 
 river Liffey ; for, at the time of that Vote, in the year 1662, 
 the City was surrounded by walls with gates, and it was 
 only at these gates the City had a right to demand Toll ; 
 but they extended their Toll-stations to the very verge of 
 the parts within, not the City , but within the jurisdiction 
 of the City, which jurisdiction extended to the Black Rock 
 and to Clontarf ; and so one Toll-house is now beyond 
 Ball’s-bridge, and another Toll-house at Ballybough- 
 bridge. 1 his was by said Votes declared to be a griev- 
 ance, and is as much a grievance at this day as it was then. 
 
 Thus, if the Corporation be confined to taking the Toll 
 within the proper bruits of the City, no Toll could be de- 
 manded at the north side of the river Ljffey. 
 
 If a person buys Corn at the Royal Canal harbour, or 
 buys it in the market by sample, that Com is not liable to 
 Toll. 
 
 CHAPTER 
 
35 
 
 CHAPTER V. 
 
 — n3»«C>!S«c=— 
 
 The Farmers round Dublin suffer eonsideraby by their 
 ignorance respecting Tolls, for I repeat, that Toll is not 
 payable in one instance out of twenty where it is now 
 charged. 
 
 Another thing also contributed to the support of these 
 impositions, namely, the great dread that the ignorant 
 Country People entertain of the Toll-collectors at their 
 different Toll-houses. This dread was industriously kept 
 up until it became so impressed on the People’s tninds, 
 that to this day, notwithstanding all that has been said and 
 done on the subject it has not been entirely eradicated. 
 
 If the Farmers knew that all goods going to Kevin-street 
 market, are free of Toll and Custom, many would go there 
 who now go to Smithfield. In fact, by Law no Toll or 
 Custom is payable on the north side of the river Liffey at 
 all — this the Votes of the House of Commons of Ireland, 
 satisfactorily shew. 
 
 In Dublin, the Toll-houses which are in Dorset-street, 
 New-street, on Mespil-bank on Donnybrook road, 
 and at Ballybougb-bridge, are in the County of Dublin, 
 contrary to the Act, 25th H. VI. c. 3. This Act makes it 
 illegal to take Toll there, and the House of Commons 
 have voted it a High Misdemeanour. By the Votes of the 
 House of Commons, in the Appendix, it will be seen, that 
 it is the duty of the Grand Jury for the County of Dublin, 
 to have these Toll-houses, which are in the County of 
 Dublin, presented as nuisances. The having persons sta- 
 tioned at Portobello and in Upper Dominick-street col- 
 lecting Tolls remote from the old established Toll-houses, 
 is also contrary to the Act ; and in all these cases the 
 Public may resist by force, and even after a successful 
 resistance, may bring actions against the City and the Toll- 
 man, under the Act of 32d G. III. for the trespass. 
 
 Very great and oppressive exactions are practised in the 
 different Fairs and Markets all over the Kingdom, which, 
 it is hoped, this Treatise will contribute to remedy. It ap- 
 plies to every Market and Fair in the Kingdom, as well as to 
 the Dublin markets. 
 
 The 
 
t 
 
 36 
 
 The abuses in the different Fairs throughout Ireland are 
 incredible. The annual amountof the extortions, exceeding 
 the proper and just Toll, is by many said to be upwards 
 of 700,0001. 
 
 Wherever Toll is payable, a charge is made fully qua- 
 druple the legal demand; and this four-fold extortion is 
 enforced by the most violent and overbearing conduct, in 
 order to intimidate the ignorant Country People into an 
 unresisting submission. 
 
 In one Fair in the County of Kildare, not many years 
 ago, the Toll-gatherer demanded from a poor woman 
 Toll upon two small earthen Pipkins, which she bad pur- 
 chased in the Fair for one halfpenny each, and he de* 
 manded one halfpenny each for Toll. 
 
 This is by no means a solitary instance of extortion, for 
 it is unhappily the fact, that this extortion pervades the 
 entire Kingdom, and no where is it greater than in the 
 poorest and most remote parts of Ireland — because the 
 Toll-farmers know that they are too poor to look for re- 
 dress, and as the Country People find the same charges 
 at all the adjoining Fairs, they believe them to be so es- 
 tablished as not to be resisted. 
 
 At the Fair of Granard not long ago, a boy was bring- 
 ing in some pieces of Frize. the Tollman demanded 6d, 
 Toll — the boy had it not — -the man would not take his 
 word for the money until he should sell the Frize, and he 
 kept tiie poor boy so long out of the Fair that he entirely 
 lost his market, and had to bring back his Frize several 
 miles, to his great loss and inconvenience. 
 
 It is to be hoped the Legislature will interfere to put 
 an end to these abuses — there is a good precedent for it. — 
 (See Cro. Eliz. 55#J> 591 — in Appendix) — as it is the 
 fact, that in England the greatest part of the Fairs have not 
 any Toll. 
 
 There shall be no Tolls, Customs or Market-dues. The 
 People should pay those who attend to regulate the Fairs 
 and Markets. The cheapness which would result from a 
 free intercourse would be to them a sufficient compen- 
 sation. 
 
 In many Fairs in Ireland Cattle are charged both before 
 and after the sale. This is lately the case at Jrvinestown, 
 (late Lowtherstown) in the County Fermanagh. Farmers 
 and Graziers will see, by the Act 4th Anne, c. 8, s. 3, that 
 Cattle unsold shall not pay any Toll whatever. 
 
 At 
 
37 
 
 At the Fairs of Donnybrook in the City of Dublin, 
 Kilcock in the County of Kildare, at Granard in the 
 County of Longford, and in numberless other Fairs through * 
 this Kingdom, Cattle are charged both going in and com- 
 ing out, and also very much overcharged, besides charging 
 every article that is sold in the Fair, which is illegal. — 
 Victuals, Wares, &c. are not liable to Toll. — (See Ap- 
 pendix.) 
 
 Toll in Fairs can only be demanded upon Corn and 
 Cattle ; yet in the Fair of Ardee in the County of Louth, 
 Frizes were lately charged lOd. although the usual charge 
 was only 3d. but the People having submitted to the charge 
 of 3d. on each 20 yards of Frize, the Toll-farmers ad- 
 vanced their charge to lOd. It is not to be understood, 
 that this charge of Toll upon Frize is the only charge in 
 the Fair of Ardee, or the Fair of Mulaghcrew, and the 
 Fairs and Markets of Dundalk in the County of Louth. 
 
 In the Fair of Parsonstown (or Birr) in the Queen’s 
 County, a man had his web of Woollen Cloth a short 
 time ago seized for Toll. He brought an action against 
 the Toll-farmer, who thereupon gave up the web to the 
 owner ; and in consequence of even so trifling an oppo- 
 sition, the charges in the Fair of Parsonstown are now more 
 moderate than formerly. In many Fairs through the King- 
 dom, great complaints are made of the exorbitant charges. 
 At the Fair of Fieldstown in the County of Dublin every 
 thing is charged ; and the poor People, to the very apple- 
 women, are heavily charged for their standings in the Fair, 
 which is contrary to Law, as every person has a right to a 
 standing in every Fair or Market to sell their wares, with- 
 out payment of any thing whatsoever for such standing. 
 
 The Act of 32d G. III. c. 29, gives the person illegally- 
 charged Toll a remedy against the City, by applying to 
 the Lord Mayor for his Certificate, whether the 1 oilman 
 acted under the authority of the Corpbration or not. 
 
 The following Certificate was prepared by a Lawyer of 
 great eminence at the Bar. His directions were to have 
 two copies of it ready, and to tender one of them to the 
 Lord Mayor — if he does not sign it, it will be a refusal, 
 under the words of the Act. 
 
 CERTIFICATE. 
 
38 
 
 CERTIFICATE. 
 
 t( /, the Right Honourable the Lord Mayor of the City 
 of Dublin , do hereby Certify , that A. B. Collector of Tolls 
 claimed by the Corporation of the City of Dublin , who , on 
 
 detained same for Toll claimed as due and payable to the said 
 Corporation , in so doing 9 acted under the authority of the 
 Corporation of said City. — Dated this 
 day of 1816.” 
 
 Then he may join the City Treasurer or Chamberlain 
 in the action. 
 
 The swearing of persons leaving the Fair of Ballinasloe, 
 is practised there probably to a greater extent than almost 
 in all the rest of the Kingdom, false oaths in proportion. 
 
 It is lamentable to see the hundred's, if not thousands, 
 who, without hesitation, take these false oaths. It is not 
 thought any thing about, but regarded as a matter of course; 
 the man tenders the oath, and the person takes it with 
 much more indifference than would .attend the paying 
 and receiving one halfpenny. 
 
 The positive turpitude of such conduct is evident, the 
 effect of it upon the moral habits of the People is injurious 
 beyond exception. Many persons say, that the man who, 
 without scruple, takes this false oath to escape payment 
 of Toll for a Cow bought by him at the Fair, would ne- 
 vertheless in other respects be perfectly honest and trust- 
 worthy. That in fact it is a forced oath — that it is taken 
 without reflection. And what, say they, is a man to do, who 
 having bought a Cow at a Fair, which Cow is to give milk 
 to his children, has not wherewith to pay the d oil, is he, 
 say they, to leave the Cow in the Fair. It is according to 
 them merely a harmless deception to escape imposition. 
 
 It is the dufyoi' the Magistracy to put an end to the prac- 
 tice ; and I hope that some of the neighbouring Magis- 
 trates will act up to their duty, and by a timely interfer- 
 ence put an end to this horrible immoral practice at 
 Ballinasloe. 
 
 It is an indictable offence at common Law, but it is still 
 more penal by the Act of Parliament, 27, G. III. c. 5 , s. 
 6, in Appendix. — By that Act the offence of tendering 
 such an oath is a felony, punishable with transportation 
 
 the 
 
 seized 
 
 at 
 
 the property of 
 
 and 
 
 for 
 
39 
 
 for life; and the person who takes it is liable to trans- 
 portation for seven years. 
 
 That Act of Parliament is made perpetual, by Act 40. 
 Geo. III. c. 96, s. 1 1 ; and it is to be hoped that the Ma- 
 gistracy of the Country will not suffer it to remain a dead 
 letter on the Statute Book. If they do, it will reflect dis- 
 credit on themselves. They cannot plead ignorance for 
 their forbearance. They are constantly in the Fair whilst 
 it is practised, and the People must naturally suppose the 
 practice luwfuly or the Magistrates would not permit it. 
 
 I shall now enter into the nature of the Tolls demanded 
 at this Fair, and shew the legal amount of Tolls at every 
 Fair through Ireland ; when they should be charged, and 
 when not ; also upon what goods, &c. Toll is payable, 
 and upon what not payable. 
 
 The entire is applicable to every Fair in Ireland , as well 
 as the extensive Fair of Ballinasloe, which 1 had chiefly in 
 view. 
 
 The charges in this Fair for Toll are very great, viz. 
 
 Horses, each, - - 6d. 
 
 Cows, each, - - 4d. 
 
 Sheep, each, - - id. 
 
 Pigs, each, - - id. 
 
 In this Fair they do not charge Toll for Cattle until they 
 are sold. 
 
 In many other Fairs in Ireland they charge for cattle upon 
 going into the Fair before sold, and coming out when 
 sold, which is contrary to the Act of Parliament, 4th Anne, 
 c. 8, s. 3, which enacts, “ That in all cases where any 
 Cattle shall remain unsold at any Fair or Market, that 
 it shall be lawful for the owners or drivers thereof to carry 
 away such Cattle as shall remain unsold , without paying any 
 Toll whatsoever .” 
 
 By this Act the penalty on the Tollman is 10s. for the 
 first offence, and 51. for the second and every other of- 
 fence, to be recovered on complaint to a Magistrate 
 within six days after the offence is committed. And if 
 the Magistrate neglects or willfully omits to do his duty 
 he is liable to 201. penalty. : 9 
 
 In Dublin the uniform practice, until lately, was to charge 
 for all Cattle coming in, and if not sold they were charged 
 coming in again ; but now> some persons refuse to pay 
 the Toll coming in, and they are suffered to pass. Every 
 day People are becoming better informed, and more deter- 
 mined 
 
40 
 
 mined to resist extortion ; and in a short time every impo- 
 sition as to Tolls in Dublin will be done away. The prac- 
 tice of collecting at the Toll-houses will be abandoned 
 and confined to the Markets, which is the proper place , 
 and in fact the only place where they can be legally de- 
 manded. 
 
 The Tolls on Cattle in Dublin are limited to the legal 
 and proper standard, as set out in the Docket-sheet post- 
 ed up, nevertheless, extortion has crept in there. This 
 could never be the case if the Public would always stand 
 firm to their rights, and only pay where and when they 
 ought, viz. in trie Market and after the sale. 
 
 The Tolls in Dublin upon Cattle are, 
 
 Every Bull, Bullock, or Cow, - id. 
 Every Calf, - - 4d. 
 
 Every Hog or Pig, - - ?d. 
 
 Every Lamb, - - £d. 
 
 Every sucking Pig, - - *d. 
 
 Every Sheep, - - £d. 
 
 The above are the regular charges in the Docket, but 
 imposition is nevertheless practised at the different Toll- 
 houses, viz. — 
 
 At Donnybrook Toll-house the Toll-farmers charge for 
 Lambs one halfpenny each, instead of one farthing each. 
 
 At Dorset-street Toll-house, they charge for Calves one 
 penny each, instead of one halfpenny each. 
 
 At all the Toll-houses they charge for all Pigs one penny 
 each, instead of one halfpenny, and a farthiog for suck- 
 ingPigs. 
 
 1 again remind the Public, that in Dublin many Gra- 
 ziers refuse to pay for their Cattle coming in ; this in the 
 course of years will to many persons amount to a consider- 
 able sum, and probably in a short time such a reformation 
 will be effected in the collection of Tolls, as totally to re- 
 move the grievance, and with the grievance the entire 
 Toll, for in Dublin the legal Tolls would not be worth 
 keeping men at the different Toll-houses in and about 
 Dublin to collect them. 
 
 But to return to the subject of Fairs, and the charges 
 made there upon persons selling their goods, many of 
 which charges are quite illegal. 
 
 In the first place, by the Act of Parliament, 3d Geo. 
 III. c. 34, s. 9, a man who brings into any Market or Fair, 
 any Flax-seed or Hemp-seed, Flax, Hemp, or Cotton, 
 
41 
 
 'Or any Cloth made of Linen, or Hempen, or Cotton Yarn, 
 or Cloth made of Linen or Hempen Yarn, and Cutton 
 mixed. Kelp or Pot-ashes, Wheels, Reels, Hackles, or 
 Looms, shall not pay any Toll for them, nor for the pas- 
 sage of them over any Bridge, or through any City or place 
 whatsoever, (turnpike gates only excepted) ; and the per- 
 son who shall demand , exact, or take any Toil, Custom or 
 Duty whatsoever, contrary to said Act, snail, for every such 
 offence, forfeit 40s. — So that all a man has to do who brings 
 such goods into the Fair, when required to pay Custom or 
 Toll, is to inform the Toll-man, in presence of some 
 person who can be a witness of his having so informed 
 him, that his goods were Linen, &c. &c. ; and if he, after 
 such information, demands the Toil, he is liable to the 
 penalty of 40s. for every offence, even though the owner 
 refuses and does not pay. 
 
 No Provisions, Wares, &c. are liable to Toll ; so decided 
 at Law. 
 
 At Ballinasloe and other Pairs, each bag of Wool is 
 charged for Toll, and also for weighing and crane note. 
 And at the big Fair of Mulachcrew, 2s. 6d. per bag is 
 charged, whether large or small ; this charge is a monstrous 
 extortion. 
 
 Before saying any thing as to the amount of Toll which 
 can be legally demanded at Fairs, I shall call the recollec- 
 tion of the Public to the exertions of one individual — 
 the late Mr. John Stevenson, so lately effected at Maas in 
 the County Kildare ; he not only completely struck off’ the 
 Toll above alluded to, upon Victuals, Wares, &c. which 
 was there charged, but he also reduced the Toll charged 
 upon Cattle in the Pair of Naas to the following s-ims, as 
 in the underneath Copy of the Docket, which lie procured 
 to be there posted up in legible characters. 
 
 At the time of Mr. Stevenson’s interference, Lord Mayo 
 was Sovereign of Naas, to him Mr. Stevenson applied, arid 
 on his representation of the extortion practised at dial Fair, 
 Lord Mayo was induced to put a stop to further abuses; 
 in consequence the following Docket was prepared and 
 posted up. 
 
 Mr. Stevenson then brought his action against the Toll- 
 farmers for charging him Jive farthing* for live Noggins 
 which he had bought, and bougnt for the express purpose 
 of bringing that action — he got Twenty Jive Pounds da- 
 mages. 
 
 F 
 
 CORPORATION 
 
42 
 
 CORPORATION OF NAAS , 
 
 SEPTEMBER 29, 1812. 
 
 Sovereign of said Corporation for the Year ending September 
 29, IS 12. 
 
 Docket of the Customs of the ' Corporation of Naas to he 
 paid at the Fairs , as granted and established by the 
 Charter , prescriptive and immemorial usa^e, posted, pur- 
 suant to the Statute, 1st Geo. III. c. 17, s. 25. 
 
 No Toil or Custom to be paid at any of the Markets. 
 
 Horses, - - 2d. 
 
 Cows, - - 2d. 
 
 Heifers, - - 2d. 
 
 Bullocks, - 2d. 
 
 Lambs, - - - Id. 
 
 Calves, - - Id. 
 
 Pigs, - - - Id. 
 
 Sheep, - - Id. 
 
 Stalls or Stands, - - 6d. 
 
 N. B. Any person agrieved by the Toll- gatherers of 
 Naas, the Sovereign will be at all times ready to give him 
 his utmost assistance. 
 
 This alone would be an important benefit to the Public, 
 hut his active benevolence did not stop here ; in fact, to 
 him the Public are indebted for every correction of these 
 abuses which have been effected in the City of Dublin. — 
 The Author of the Letters, and of this Work, being first 
 led to a consideration of the subject, by reading the little 
 Pamphlet which Mr. Stevenson had printed, contains the 
 Tolls ot the City of Dublin, and being also assisted bv 
 many useful suggestions from Mr. Stevenson himself on 
 the subject. 
 
 His death lias been a great loss to Society, as they were 
 deprived ot a man of the most humane and honest disposi- 
 tion, joined to a persevering activity, which made him of 
 great service to that Community who now' enjoy the benefit 
 of h:s exertions. 
 
 Previous to this time, \\z. 1812, when Mr. Stevenson 
 interfered, every thing sold in the Pair was charged Toil, 
 down to the very noggins. Now it may be useful to com- 
 pare the charges for Toll on Cattle in Dublin, at Naas, and 
 at B.dlinasloc. The Charges in Dublin are as high as by 
 Law can he demanded. At Naas, the charges are double, 
 at least, to what they are in Dublin. 
 
 At 
 
43 
 
 At Baliinasloe the charges are still greater. I shall now 
 proceed to* shew what by Law is the utmost which. can be 
 charged. 
 
 A very small expence would set all to rights, as bv 
 searching for the Patents under which the Fairs are held, 
 it would be seen what is the utmost of the Toll granted in 
 each Patent. This could be done for a very trifling ex- 
 pence. The expence of searching in the Rolls for a Pa- 
 tent, and reading same, would not exceed a few shillings, 
 and I conceive it well worth this to many individuals ; and 
 at every Fair they would thereby save what it may cost them 
 to search for the Patent. 
 
 ( By Law the highest charge which can be taken for Cat- 
 tle is Id. each, but is sometimes less; and by Law Toll 
 is only chargeable in Fairs and Markets upon live Cattle, 
 and not upon Victuals, Wares, &c. 
 
 “ Comyn’s Digest. Tit. Market, v. 4, p. 181.” 
 
 “ By the Statute North. 2d Ed. III. c. 15, the Lord of 
 a Fair, at the commencement of a Fair, shall publish for 
 what time it shall continue, and shall not hold it beyond 
 his due time, otherwise it shall be seized into the Kine-’s 
 hands” 5 
 
 “ The Duties usually paid at a Fair or Market are Toll, 
 Stallage, Picage, &c.” 
 
 “ Toll is not incident to a Fair or Market ; and there- 
 fore a grantee shall not have Poll Without a special tyrant. 
 2 Inst. 220, 716, in Marg, R. Cro. Eliz. 558, 592^ Mo. 
 474. R. -Palm. 77, 86.” 
 
 And therefore, it is not sufficient to allege the grant 
 of a Market, with all Tolls belonging ; but there must be 
 alleged an express grant, or a prescription for Toll. Lut. 
 1880.” 
 
 46 So the King cannot grant a Toll for goods not brought 
 to the Market. Lut. 1502.” 
 
 “ So, regularly, Toll shall not be paid before the sale, 
 for it is due from the buyer, not the seller. 2 Inst. 221 R 
 Lu'. 1336 ” 
 
 If a man takes outrageous Toll, he does not forfeit 
 the Market, but the Toil only. The Stat. W. I. 31, says, 
 
 That the King shall seize the Franchise of the Market 
 into his hands; but that is, till it be redeemed. 2 Inst. 
 221 , R. that the Toll only is forfeited. Pal. 82 . Quo. W. 
 Treby. 37.” 
 
 “If 
 
44 
 
 “ If the Toli granted be unreasonable, the grant will 
 be void. 2 Inst 220. Cro. Eliz. 558.” 
 
 “ Toll h a reasonable sum due to the Lord of the Fair, 
 or Market, for things sold there, which are Tollable. 2 Inst. 
 220 .” 
 
 “ Toll, by common right, shall be only upon a sale of 
 live Cottle , not of Victuals, Wares, &c. R Mo. 474.” 
 
 4 The Mirror says, that a halfpenny shall be taken of 
 goods of 10s. et sic pro rata , so that no Toll exceeds a 
 penny. 2 Inst. 222.” 
 
 “ And therefore, above a penny is an unreasonable Toll, 
 Mo. 474.” 
 
 The above Law Authorities shew what Toll is to be paid. 
 They are express, and unquestionable. The authorities 
 which I have recited to shew that live Cattle only are liable 
 to Toll, and not Victuals, Wares, &e. viz. R. Mo. 474,. 
 was in a very late case in Belfast, cited by Counsellor 
 Holmes as the Law now in force, and was by Baron 
 11‘Clelland admitted so to be. 
 
 There are also many cases of exemption as set out in 
 many parts of this Treatise. 
 
 Every Freeman of Dublin is free from all Toll upon 
 Cattle or goods bought or sold in any Fair or Market 
 throughout Ireland ; so is every Freeman of London. — 
 The Freemen are also free on passing any Corporation 
 Bridge or Ferry, cither in Dublin or Derry, &c. 
 
 At the Bridge of Derry some years ago, a poor man who 
 carried his shoes in his hand, as is the frequent practice 
 with poor people travelling, was charged additional Toll 
 for passing the Biidge, as if he had beeii carrying a 
 load. 
 
 Every word here equally applies to all the Fairs and 
 Markets in the Kingdom, in all of which great impositions 
 are practised. 
 
 The charges made for Toll at the Fairs and Markets in 
 Clonmell in the County of Tipperary, are very much 
 complained of by the Country people# I therefore repeat, 
 that every word respecting Fair, applies equally to the Fairs 
 at Clonmell, Strabane, &c. &c. as to those at Ballinasloe. 
 
 At the other Fairs in every part of Ireland the People 
 are beginning to dispute the payment of these Tolls. 
 
 At last Don ny brook Fair, Dublin, on 26th August, 
 1816, Tolls were charged illegally and exorbitantly; the 
 Public, however, will not pay the next Fair. 
 
 I have 
 
45 
 
 I have thus shewn that the Tolls charged at these Fairs 
 are extravagantly great, and downright extortion I have 
 also shewn what is the proper sum to be paid, which sum 
 only, and not more, can be legally demanded; and as to 
 the mode of redress , it remains to be observed, that upon 
 the owner tendering the legal Toll to the Toll-gatherer, 
 if he refuses to take it, and to attempt to seize the goods 
 or stop the Cattle, or to obstruct the owner, and prevent 
 his bringing them out of the Fair, the owner may resist 
 him, and take his goods and Cattle away, and may af- 
 terwards prosecute the Toll-gatherer for the obstruction. 
 
 I am the more particular on this part of the subject, 
 because even in Dublin , until lately , the People erro- 
 neously imagined that they must submit to the Toll-man’s 
 demand. 
 
 This erroneous idea of the Toll-men having an authority 
 which the People must submit to, arose very much from 
 seeing them swearing persons in Dublin as at the Fairs ; 
 for the poor man conceived them to be Jike petty Magis- 
 trates, or else they could not have authority to administer 
 an oath. 
 
 The idea will be at once removed when they under- 
 stand that the Toll-man who administers that oath, is lia- 
 ble to he transported for life , no matter in what way he 
 tenders the oath, either by throwing the book on the ground^ 
 or by forcing the person to swear. 
 
 CHAPTER 
 
46 
 
 CHAPTER VI. 
 
 —o«eecs«=>— 
 
 In the Appendix will be found the Act 4th Anne, c. H f 
 respecting the sale of Horses at Fairs. Its importance to 
 every person who buys or deals in Horses will be manifest 
 upon reading the Act itself. J'ersons who pay large prices 
 for them at Fairs and Markets, are frequently exposed to 
 the loss of the Horses from the non-performance of the 
 requisites set down, both on the part of the seller and pur- 
 chaser in that Act ; by which it is enacted, “ That the sale 
 in any Fair or Market, overt, of any Horse stolen, or 
 feloniously taken away, shall not alter the propert}- unless 
 said Horse shall in the time of said Fair be openly exposed 
 one hour, between ten in the morning and sunset, in the 
 place wherein Horses are commonly sold, and not in an} 7 
 house, yard, or other private place, and unless all the 
 parties come together before the book-keeper, and bring 
 the Horse at same time, and there enter their names and 
 dwelling-places, with the colour, and one special mark at 
 the least of the Horse in the keeper’s book. And it also 
 enacts, That no person shall, in anyFair or Market, sell, give, 
 exchange or put away any Horse, unless the book-keeper 
 or chief officer of the same Market or Fair takes upon him 
 perfect knowledge of the vendor, and enter his knowledge 
 in said book — or else, that the vendor shall bring to the 
 book-keeper one credible person, who shall testify unto, 
 and before such book-keeper his knowledge of vendor, and 
 enter in such book the name, mystery, and place of resi- 
 dence of such person of the vendor ; and that no book- 
 keeper shall enter such sale unless he knoweth the vendor 
 or party who shall so vo^ch, and that such book-keeper or 
 other person, shall give the buyer, requiring and paying 
 3d. for the same, a note in writing of all the full content* 
 of the same. And every sale-gift, exchange, or other 
 putting away of any Horse in Fair or Market, not used in 
 all parts according to the true meaning of said Act, shall 
 be void.” 
 
 The sale being void, the original owner might at any 
 distance of time seize his Horse, and the buyer could only 
 resort for his money to the person from whom lie bought it. 
 
 The 
 
T 
 
 47 
 
 The observations in 2, Blackstone’s Commentaries, page 
 
 450, on this point, are peculiarly worth attending to, and 
 will convince the Public how much they have been hitherto 
 in error, in respect of the sale or purchase of Horses at 
 Fairs. He commences thus, page 449, “ And for this pur- 
 pose the Mirror informs us, (c. 1, s. 3j were Tolls esta- 
 blished in Markets, viz. to testify the mu king of contracts ; 
 for every private contract was discountenanced by Law'. 
 Whereupon our Saxon ancestors prohibited the sale of 
 every thing above the value of 20d. unless in open 
 Market ; and directed every bargain and sale to be con- 
 tracted in the presence of a credible witness,” (L. L. Ethel. 
 10. 12. L. L. Eadg. Wilk. 80.) — He then says, page 450, 
 
 451, “But there is one species of personal chatties in 
 which the property is not so easily altered by sale, with- 
 out the express consent of the owner, and those are Horses ; . 
 the sale of which, even in Fairs and Markets, overt, is 
 void in many instances where that of other property is 
 valid : because a Horse is so fleet an animal, that the 
 stealers of them may fly far off in a short space. — (2. Inst. 
 714,) and be out of the reach of the most industrious 
 owner. Ail persons therefore, who have occasion to deal 
 in Horses, and are therefore liable sometimes to buy stolen 
 ones, would do well to observe, tbat whatever they may 
 give, or how longsoever they may keep possession before 
 it be claimed, they gain no property in a Horse that has 
 been stolen, unless the directions be pursued that are 
 laid down in the Statutes, 2. P. and M. c. 7, and 31, Eliz. 
 c. 12. By which it is enacted, that every Horse to be 
 sold shalkbe openly exposed in the time of such Fair or 
 Market for one whole hour together, between ten in the 
 morning and sunset, in the open and public place used 
 for such sales, and not in any yard or stable; that the, 
 Horse shall be brought by both the vendor and vendee to 
 the Toll-gatherer or book-keeper of such Fair or Market; 
 that Toll be paid if any be due ; and if not one penny, (in 
 Ireland three pence) to the book-keeper, who shall enter 
 down the price, colour and marks, with the names, addi- 
 tions, and abode of the vendee and the vendor, the latter 
 either upon his own knowledge or the testimony of some 
 credible witness.” — “ But in case any of the points be- 
 fore-ment’oned be omitted, or not observed in the sale, 
 such sale is utterly void, and the owner shall not , lose his 
 property, but at any distance of time may seize or 
 
48 
 
 bring an action for his Horse wherever he happens to find 
 him. Wherefore Sir Edward Coke observes, (2, Inst. 719), 
 that both by the common Law and these two Statutes, 
 the property of Horses is so well preserved, that if the 
 owner be of capacity to understand them, and be vigilant 
 and industrious to preserve the same, it is almost impos- 
 sible that the property of any Horse, either stolen or not 
 stolen, should be altered by any sale in Market overt by 
 him that is mala fidei possessor. 1 ' 
 
 The circumstance of the English Acts containing the 
 expression, “If Toll due,” “ and if not, one penny to be 
 paid to the book-keeper” — tends very much to confirm what 
 I have before stated, and what is laid down by the Judges 
 of the King’s Bench, Cro: Eliz. 558 — 591, viz. — “ 1 hat 
 Toll is not incident to a Fair, and that the greatest part 
 of the Fairs in England have not any Toll.” — Probably if 
 the right to Toll was investigated in Ireland, very many 
 would he found not to have Toil. 
 
 The Act, 25th H. VI. c. 3, confines the taking of Toll 
 to within Boroughs or Market-Towns, and Cities, and fur- 
 ther restricts them by these w ords, “ As they have power 
 and sufficient authority to tike and levy such Customs ;” for 
 without these w'ords the Corporation would claim Toll upon 
 all goods “ bought or sold, or brought to be sold ;” but the 
 Act itself furnishes the answer to such assertion, viz. “ as 
 they have, power and sufficient authority to take and levy 
 such Customs,” and then it stands thus : — When entitled 
 to Toll, they are prohibited from taking it any where but 
 within the City. But this Act gives them no new autho- 
 rity, no additional rights ; it is for the protection of the 
 subject against the encroaching extortion of Corporations ; 
 more effectually to provide against these extortions, the 
 Act, 32d Geo. 1 if. c. 29, was made in aid of 25th H. VI. 
 so that now the man from whom the Toll is illegally de- 
 manded, or who is attempted to be overcharged, has a va- 
 riety of remedies : He may resist and force his way. He 
 
 has a further remedy, by action at Law r for the detention ; 
 and by 32d Geo. III. c. 29, be may join the City Treasurer 
 in any such action, and so is secure. He may replevin 
 the goods — be may pay and then recover back the money 
 which he has paid wrongfully for the last six years, in an 
 action for money had and received — lie may indict the 
 Toll- man for extortion, and he also who assists is equally 
 guilty, for there are no accessaries in extortion, and he 
 
 may 
 
49 
 
 may proceed under the Acts of 25th Henry VI. and 32d 
 G. III. to recover 20s. for each pennj' paid ; he may, under 
 ‘3d Edw. I, attaint the City of extortion, and deprive them 
 of the right of Tolls ; and in all these cases the labour of a 
 defence is thrown upon the Toll-gatherer, for the person 
 charged has only to prove that he had paid such a sum for 
 Toll, and the Toll -gatherer must shew a clear right to 
 demand it. 
 
 But nothing would so effectually put an end to the im- 
 positions, as for the owner of the goods on all occasions 
 where an overcharge is attempted, to resist by force, and 
 in spite of the Toll-men. — For the Fublic may be assured, 
 that the Toll-men are by this time well aware that the City 
 cannot afford them ptptection. 
 
 Upon Corn Toll is by right only payable upon Market- 
 days, and in the market, and the amount is only cne 
 sealed quart struck of Winchester measure, out of every 
 barrel of wheat. Rye, Bere and Barley, and three pints 
 struck out of every barrel of other grain. 
 
 The Resolutions of the House or Commons, (see Ap- 
 pendix,) as to the Toll on Corn, are well worth carefully 
 reading and attending to by every person in the Corn- 
 trade. 
 
 In Drogheda Meal is only charged an halfpenny the bar- 
 rel Toll, whereas in Dublin it is charged 3d. 
 
 The Higglers who go round the Country gathering Eggs 
 and Fowl to bring to the Dublin market, are charged exor- 
 bitantly. 
 
 Upon such a body it never was the intention of the 
 Legislature to levy contribution for individual, or cor- 
 porate aggrandizement ; and in fact, there are ex- 
 press Law Authorities in the books forbidding it. — Diner's 
 Ab. Tit. Toll. “ Hens, Geese, and many more such things 
 are not liable to Toll, per Clench. Ow. 109 Trin • 36, Eliz, 
 B. R. Escot v. Senery 
 
 Also by Law provisions are not liable to Toll, “ Corny n’s 
 Digest, v. 4. p. 183, Tit. Market.” “ And by common 
 rignt Toll shall be only on a sale of live Cattle, not of 
 Victuals , Wares , &c. R. Mod. 474.” 
 
 Nevertheless these Higglers are charged without remorse 
 or dread, for they are too poor to be feared. The City, 
 by their own Docket, only claim “ of every Horse-load of 
 Eggs, id.” it were scarcely credible that the Toll- 
 fermers actually charged 1 d. for each hundred in number. 
 
 G It 
 
50 
 
 It is computed that a sum not less than 40.0001. of illegal 
 excess is yearly raised under pretence of Tolls and Cus- 
 toms. 
 
 The followiag notices published and circulated, the one 
 by the Factors in the Kevin-street markets, and the other 
 by the persons engaged in and connected with the trade 
 to the North, are of considerable use ; many persons 
 in consequence of the publicity which these notices gave 
 to the illegality of the charges, refused to pay. 
 
 Tolls and Customs of the City of Dublin. 
 
 The Factors of the markets in Kevin-street, give this 
 notice, 
 
 That by the Act of Parliament of 4th Anne, c. 8, no 
 Toll or Custom is pa) able on Hay, Straw, Bacon, Butter, 
 Corn, Potatoes, Cattle, Fowl, or Eggs, or any thing tlse 
 coming to Kevin-street markets, whether passing through 
 Dublin or not, by the Custom- gates or Toll-houses, at 
 Bahybough-bridge, 
 
 Constitution-hiil| or 
 Broad- Stone, 
 Ball’s-bridge, 
 DolphinVbam, 
 Don n y b rook- roa d , 
 
 Dorser-street, 
 
 Barrack-street, 
 
 James’s-street, 
 
 New- street, 
 
 Portobelio, 
 
 Stoney batter, 
 
 Or at any other Toll-house or place in Dublin or Ireland. 
 Nor is any other Toil or Custom payable upon goods for 
 private use. By said Ac^ of Parliament, no Toll or Cus- 
 tom is payable upon Cattle in Smithfield until they are 
 sold. And by Section 3 of said Act of Parliament, it is 
 enacted, “ That in all cases •where any Cattle shall remain 
 unsold at any K.iror Market , that it shall be lawful for the 
 owners or drivers thereof \ to can y uu\>y such Cattle as shall 
 remain unsold , without paying any Toll whatsoever” so that 
 it is unlawful to charge Custom on the Cattle going into 
 any Fair in Ireland. 
 
 N. t>. If any i'oll-man attempts to stop the Cattle or 
 goods he may be resisted, and the owner force his way. 
 
 Drogheda and Da lin Tolls and Customs. 
 
 Notice is hereby given to ail Carriers, &c. on the northern 
 roans, That no 'Toll can by Law be demanded or charged 
 on any Cattle or goods whatsoever, passing in or out of 
 the Toll-houses in Dorset-street, New-street, or Porto- 
 
 bello, 
 
51 
 
 hello, which are iii the County of Dublin. — Also, that by 
 the Act of Parliament of 25th Henry VI, c. 3, there is a 
 penalty of 20s. for every penny which shall be taken or 
 levied there. 
 
 And that by the Act of Parliament of 3d Geo. III. c. 34, 
 no Toll is payable upon any Flax-seed or Hemp-seed, 
 Flax, Hemp or Cotton, or any Cloth made of Linen or 
 Hempen Yarn and Cotton mixed, Kelp or Pot-ashes, 
 Wheels, Reels, Hackles or Looms. — And there is a pe- 
 nalty of 40s. on any Toll-man for charging or even demand- 
 ing Toll thereon — So that charging Toll on Printed Ca- 
 licoes passing through Drogheda is unlawful. 
 
 Also that the charge of 6d. on each dray -load of 
 goods passing through Drogheda (by the Act of Par- 
 liament of 4th Anne, c. 8 ) is unlawful , and by that Act 
 there is a penalty on the Toil- men of 10s. for the first of- 
 fence, and 51. for every second or other offence, of charg- 
 ing such Toil. — Said penalties to be recovered upon com- 
 plaint within six days before a Magistrate. 
 
 And that in any case of attempting to charge unlawful 
 Toll, in Town , Pair, or Alarket, the owner or carrier of 
 the goods or Cattle may resist the Toll- men by force , and 
 if the Toll-men attempt to stop him, force his way, and 
 afterwards prosecute the Toll-men. 
 
 For swearing in Fairs the Toll-men who tender the oath, 
 are (by the Act of Parliament) liable to be transported for 
 life , and the person who is sworn is liable to be transported 
 for seven years. 
 
 22 d February , 1817. 
 
 Nothing but an express grant or prescription will entitle 
 the Corporation to take Toll, and no custom will justify 
 them. — Many conceive that Toll may be payable from/c/ig 
 usage, and so become payable by custom. This is not the 
 fact, no custom will justify taking l oll — no length of time 
 will justify any extortion ; and the person acting according 
 to such custom would be liable to indictment for extortion* 
 and to a Civil Action for the injury. The case which I shall 
 rjuote as mv authority is Holloway v. Smith, 2 Strange’s 
 Reports, 1171. — (See Appendix.) — “That Toll was not 
 incident to a Fair,” and so that no custom would warrant 
 the demand. 
 
 It is to be observed, that there is no prescription or 
 custom in Dublin, or Ireland — “ For such custom must be 
 
 time 
 
 i . 
 
52 
 
 time out of mind used, which custom none can challenge 
 that claim the Fair or market by grant, within the time of 
 memory, viz since the reign of Richard the 1st. — “ Viner’s 
 Ab. Tit. “ Toll” v. 20, p. 288, cites 2, Inst. 221.” — (See 
 Appendix.) 
 
 So that the Corporation of Dublin, &c. &c. must in Ire- 
 land produce an express grant from the Crown by Charter 
 or Letters Patent, to entitle them to take Toll ; and such 
 grant of Toll must be reasonable, for if unreasonable the 
 entire grant would be void. 
 
 An attentive reading of the different Acts of Parliament 
 will afford very useful information. They are plain, sim- 
 ple, and very readily understood. The cases in the Ap- 
 pendix are principally selected from Comyn’s Digest, 
 Viner’s and Bacon’s Abridgments, and are of the first 
 authority. The Resolutions of the House of Commons are 
 particularly applicable to the present subject, for they took 
 their rise out of the exactions then practised in the City 
 of Dublin, but which at that day were trifling in comparison 
 with the present exactions. 
 
 These extortions have frequently been the subject of 
 complaint to the Irish Parliament. Investigations have 
 taken place, and the persons who so extorted have been 
 brought as delinquents to the Bar of the House in custody 
 of the Serjeant at Arms, and committed to Newgate for 
 their misconduct. A Petition should now be presented to 
 Parliament, praying for the total abolition of Tolls all over 
 the Kingdom. If the subject were once referred to a 
 Committee, there cannot be a doubt but the justice and 
 policy of such a measure would appear manifest, and 
 thus the entire grievance be removed at once without dan- 
 ger of its renewal. 
 
 Whenever Toll is charged at any of the Toll-houses 
 or places, which are in the County of Dublin, viz. Dorset- 
 street, New-street, Mespil-bank, Bally bough-bridge* Por- 
 tobello, a summons can be had from the Seneschal of the 
 Manor wherein that Toll-house is situate to recover the 
 money paid, and a few persons doing so would contribute 
 to stop these extortions. 
 
 But the cheapest, most effectual, and advisable cause for 
 the Public, when Toll is overcharged, or when charged 
 where none is payable, or at a place where, by Law', it 
 is illegal to collect it, as at any of the Toll-houses which 
 are in the County of Dublin, is, in all these cases, to refuse 
 
 paying, 
 
53 
 
 paying, and to resist with such a determination, as will 
 
 shew the Toll-man that they are resolvod not to submit. 
 
 This removes the grievance at once, without trouble or 
 expence, and will prevent the attempt being renewed. 
 
 The Corporation would sooner twenty Civil Actions were 
 brought againt them than one Criminal one, for the trial 
 coming before the Recorder, his opinion would be publie 
 and decisive ; but where actions are brought, judo-ment is 
 > suffered to go by default, and so the Public hearnothing 
 
 about them, and the extortion goes on. 
 
 The action brought by Messrs. Pilsworth against the Cor- 
 poration of the City of Dublin, for taking Toll of Corn, 
 &c. by force— (See Appendix),— is one of very consider- 
 aole interest. It involved many questions — -the goods were 
 for private use — thegoods were not in themarket — neither 
 was it on a market day. A full report of this case is inserted 
 in the Appendix ; it therefore only remains to make a few 
 observations upon the conduct in this affair of the Corpo- 
 ration, and those acting under them. 
 
 Mr. Pilsworth offered to leave the question in dispute be- 
 tween them, which was — u Whether the City were entitled 
 or not to the Toll they claimed,” to the decision of any 
 two Lawyers of eminence, of whom the present Recorder 
 of the City of Dublin should be one. This offer was re- 
 fused, and Mr. Pilsworth still continuing to refuse pay- 
 ment of the Tolls demanded of him, the then Toll-farmers, 
 with, as it afterwards appeared, the full approval of the 
 persons who conducted the City affairs, stationed a party 
 ot men upwards of twenty in number, who, in the most 
 outrageous manner, stopped the Corn by force and took out 
 the loll. This conduct of the Toll-farmers received the 
 thanks of the Corporation through their organ, called 
 “The Law Committee.” 
 
 But the verdict of a respectable Jury have stamped the 
 act as illegal, and have given 50l. damages for the out- 
 rage. 
 
 It may here be right to observe what might have been 
 the consequence of that outrageous attack, had the owners 
 of the goods resisted the aggression— had they encouraged 
 the Canal boatmen to take summary vengeance upon the 
 Toll-men, lives would possibly have been lost on the one 
 side or the other. And if that had been the case, in what 
 situation would the Toll-men have stood ?. — if they lost 
 
 their 
 
54 
 
 their lives, the party resisting would perhaps have been 
 found guilty only of manslaughter, or perhaps only of 
 justifiable homicide — whereas, in the Toll men it would be 
 MURDER in them all, in contemplation of the illegality 
 of the attempt in which they were then engaged. An cl 
 I assert, that the Corporation influence would not be able 
 to save them from the hands of justice. Their conduct 
 has been so notoriously extortionate, so violent and over- 
 bearing towards all the poorer classes, that mercy to them 
 would be injustice to the Public. 
 
 Let them consider this — let them reflect on *the illega- 
 lity of their own conduct, and how much exposed they are 
 to the dangers of a violent resistance. For they may de- 
 pend upon it that the spirited exertions of the Messrs, 
 Pilsworth will have the desired effect ; and that all per- 
 sons who can, will henceforward resist their illegal de- 
 mands. 
 
 The Corporation have been very indigriant at the dif- 
 ferent Newspapers calling their conduct Public robbery ; 
 but they have not as yet shewed that they had a right to 
 the Tolls which they charged, and certainly if they have 
 no right, such charge is robbery at the least, but it has been 
 shewn to be worse, and to be in contemplation of Law 
 MORE ODIOUS THAN ROBBERY. 1 Plowden, 68, 
 which the Public are perfectly justified in resisting. 
 
 FINIS, 
 
/ 
 
 APPENDIX. 
 
 - — 
 
 L Acts of Parliament on Tolls and Customs. 
 
 II. Resolutions of the Irish House of Commons. 
 
 III. Adjudged Cases and Law Authorities. 
 
 IV. The DockeUf the City of Dublin Tolls and Customs, and 
 
 Market Dues. 
 
 I. 
 
 ACTS OF PARLIAMENT. 
 
 (1.) 3dEDW. I. c. 31. (English and Irish.) 
 
 If any person take outrageous toll contrary to the common 
 custom of the realm in market towns, if it be the King’s town 
 which is let in fee farm, the King shall seize into his own hand 
 the franchise of the market ; and if it be another’s town and 
 the same be done by the lord of the town, the King shall do 
 in like manner ; and if it he done by a bailiff without the com- 
 mandment of his lord, he shall restore to the plaintiff as much 
 more for the outrageous taking as he had of him ; if he had 
 carried away his toll and shall have forty days imprisonment, 
 touching citizens and burgesses to whom the King or his father 
 has granted murage to enclose their towns, which take such 
 murage otherwise than as it was granted unto them ; and of 
 this are attainted they shall lose their grant for ever, and shall 
 lie grievously amerced. 
 
 \ — ooo ■ 
 
 (2 ) 25th H. VI. c. 3. 
 
 AN ACT, 
 
 That none shall take custom but within cities, boroughs, of 
 merchant towns, where there is authority to take customs. Rot. 
 Pari. cap. 17. 
 
 Also at the request of the Commons for that many people of 
 f»bis land of Ireland do take and levy sundry customs of mer* ’ 
 
 chants 
 
chants passing and going with their merchandise through the 
 King’s highway, against right and reason. It is ordained and 
 agreed by the authority of this present parliament, that no 
 man be so hardy henceforward, to take or levy, or cause to be 
 taken or levied, any such custom of merchants, or of other 
 people, in the King’s highway or elsewhere, but within cities, 
 boroughs, or other merchant towns, where the said merchan- 
 dises be bought or sold, or brought to be sold there, as they have 
 power and sufficient authority to take and levy such customs. And 
 if any do the contrary, and thereof be attainted, he shall be 
 constrained and compelled by authority of this same parliament, 
 to pay for every penny so taken or levied, twenty shillings, 
 whereof the King shall have the two parts, and he from whom 
 the said custom shall be so taken shall have the third part. 
 
 ooo 
 
 (3.) 4th ANNE, c. €. 
 
 CLAUSES OF AN ACT 
 
 To regulate the taking and exacting tolls throughout this King- 
 dom, and to prevent engrossing coals in the city of Dublin. 
 
 Whereas, the exacting and receiving toll for any sort of 
 goods or cattle droven or carried through any city, corporation, 
 market town, or other place within the realm, where such city, 
 corporate, or market town, at their own costs and charges, d® 
 not keep up and repair some public bridge or bridges, over 
 which such goods or cattle shall be droven or carried, is greatly 
 prejudicial to the subjects of this realm, and a discouragement 
 to trade in general. For remedy whereof, be it enacted, &c. 
 that from and after the 24th day of June, in the year of our 
 Lord, 1705, no toll shall be demanded or received by any 
 body politic or corporate, or other person or persons, lor any 
 oattle, goods, or merchandises whatsoever, that shall be droven or 
 carried into, or through any city, borough, market town, or other 
 place where the same shall not be sold, consumed, orslaughtered, 
 
 2. Provided always, that where any person or persons, or bodies 
 politic, heretofore lawfully could demand or take any toll for 
 any cattle or other goods, driven or carried over any bridge or 
 bridges, for or in respect of such person or persons, or body 
 politic, being obliged at his or their own costs and charges 
 and not at the costs and charges of any county, county of a 
 city, or county of a town, to keep such bridge or bridges in 
 repair; that in such case, such person or persons, or body 
 politic, may receive and take such reasonable toll lor such 
 
 oattle 
 
57 
 
 cattle or goods driven or carried over such bridges, as he or 
 they might have done by law before the passing this Act, and 
 not otherwise. 
 
 s. 3. And be it further enacted, by the authority aforesaid, that 
 in all cases where any cattie shall remain unsold, at any fair or 
 market, that it shall be lawful for the owners or drivers thereof, 
 to carry away such cattle as shall remain unsold, without pay- 
 ing any toll whatsoever. 
 
 s. 4. And be it further enacted, by the authority aforesaid, that 
 in case any body, politic or corporate, or other person oi per- 
 sons whatsoever, shall presume to take, demand, or collect any 
 toll contrary to this Act, that every such offender shall forfeit 
 for the fir.->t offence the sum of ten shillings, to be demanded 
 before a Justice of the Peace within six days after such offence 
 is committed; and for the second, and everv other offence- 
 after conviction, the sum of live pounds to be demanded also 
 within the time aforesaid ; one moiety thereof to the party 
 injured, and the other moiety for the use of the poor of the 
 parish wherein such ollence shall be committed ; to be recovered 
 by distress and sale of the offender's goods, on conviction before 
 any one or more Justices of the Peace of the county wherein 
 such ollence shall be committed, by ccipfession of the party 
 offending, or by oath of two credible witnesses, to be 
 taken before such Justice of the Peace, who is hereby impow- 
 eredand required to administer such oath, and to hear ami de- 
 termine such complaint. And in case any Justice of the Peace 
 to whom such complaint shall be made as aforesaid, shall refuse 
 or wilfully negiect to put this Act into execution, according to 
 the true intent and meaning hereof, every such Justice of the 
 Peace shall for every such neglect or refusal forfeit the sum of 
 twenty pounds; the one moiety thereof to her Majesty, her 
 heirs and successors, and the other moiety to the party grieved; 
 to be recovered by bill, plaint, or information, in any of 
 her Majesty’s courts of record, in which no esspign privilege or 
 protection, nor more than one imparlance shall be allowed. 
 
 s.5. And for preventing all frauds and deceits that may be prac- 
 ticed by such persons who shall drive or carry away 
 cattle, goods, or merchandise, into any city, borough, or town 
 corporate, and shall there refuse to pay the accustomed toll, 
 under pretence that such cattle, goods or merchandises are 
 only to be driven thiough such city, borough, or town cor- 
 porate, and shall after sell or dispose of all or any part of 
 such cattle, goods, or merchandise in such city, borough, or 
 town corporate, be it enacted by the authority aforesaid, that 
 every such person or persons who shall offend therein, shall for 
 
 H the 
 
58 
 
 the first cP'cnceforfe’t ten shillings, being duly convicted thereof 
 be re any one Just.ce of the Peace or chief Magistrate cf such 
 ci y, town, or borough wherein such ofience shall be committed ; 
 and for ev<-iy second and other ofience that shall be committed 
 aft or such conviction as aforesaid, the party so unending shall 
 forfeit ihe >um of five pounds, to be recovered and levied 
 as aforesaid. 
 
 ooo~' 
 
 (4.) 4th ANNE, c. 11. 
 
 AN ACT 
 
 Against horse-stealing, and to prevent the buying and sel 7 
 ling of stolen horses, and for punishing all accessaries to 
 Felons : 
 
 For preventing horse-stealing, which is now grown so com- 
 mon, as neither in pastures nor closures, nor hardly in stables, 
 the same ate free from stealing; which is occasioned by the 
 Teady buying of the same by several persons in open fairs or 
 maikets, far distant ft cm the owner, and with such speed, as 
 the owner cannot by pursuit possibly help the same. For re- 
 medy whereof, be it enacted by, &c. — that the proprietor, 
 farmer, or chief keeper of every la »r and market overt 
 within this realm, shall, before the 25th day of December, 
 1705, and so yearly, appoint and limit out a particular and 
 certa’n open place within the town, place, field or circuit, 
 where horses, mate-, geldings, colts and fillies have been, 
 or shall be used to be sold in any fair or market overt, in 
 which said particular and certain open place aforesaid there 
 shall be by the proprietor, farmer, or keeper of the said fair 
 or market, put m and appointed one sufficient person or persons 
 to tal e to!., and to keep the same place from ten of the clock 
 before noon until sun-set every day, oi the aforesaid fail and 
 maiket to enter the sale, g ft or exchange of every hotse, 
 mare, gelding, colt, or filly, sold, exchanged, or put away in 
 every of the said fairs or maikets, upon pain io lose and for- 
 feit for every default the sum of twemy shillings; and that 
 on the bargain, exchange, gift, contract, or putting away of 
 every such horse, mare, gelding, colt, or filly, so sold, ex- 
 changed, or put away in any lair or maiket as aforesaid, within 
 this realm, all tfie parties making the bargain, exchange, gift, 
 contract, or putting away of every such horse, mare, gelding, 
 colt, or filly, shall be present; and also the same horse, mare, 
 jt, elding, colt, or filly, so sold, exchanged, given, or put away, 
 shad be produced before such person deputed and «tj pointed 
 
 *5 
 
59 
 
 aforesaid ; and when they are all present, and not before, 
 such book-keeper, toll-keeper, or other person shall write, or 
 came to be vvr tten, in a bo >k to be kept for that purpose, th& 
 names, sir-names and dwelling-places of all the said parties, 
 and the colour, with one special mark at least, of every such 
 horse, mare, gelding, colt, or fiily, on pain to fo.fe t at and 
 for every default contrary to the tenor hereof, twenty shillings; 
 and that the said person or persons so deputed or appointed to 
 be keeper of the said book, shall within one day next after 
 such fair or market, bring and deliver his said book to the pro- 
 prietor, farmer, or chief keeper of the said fair or market, 
 who shall then cau-e a note to be made of the true number of 
 all horses, mares, geldings, colts and tidies, sold, ex- 
 change!, given, or p it away at the said market or fair, and 
 shall there subscribe his name or set his mark thereunto, on 
 pain on every default therein, to forfeit twenty shillings; 
 
 s.2. An lbe itfurtherenacted by theauthority aforesaid, thatthe 
 sale, gift, exchange, or putting away, after the twenty-fifth 
 day of December, 1705, in any fair or market overt, of any 
 horse, mare, gelding, colt* or filly that is or shall be stolen, or 
 feloniously taken away from any person or persons, shail not 
 alter, take away* or change the property of any person or 
 persons to or in any such horse, mare, gelding, colt, or filly, 
 unless the said horse, mare, gelding, colt, or filly shall in the 
 time of the said fair or market wherein the same shall be so 
 sold, given, exchanged, or put away, openly ridden, led, 
 walked, droven, or kept standing, by the space of one hour 
 together, at lea->t betwixt ten of the clock in the morning and 
 the sun setting, in the open place of the fair or market wherein 
 horses are commonly used to be sold, and not within any house, 
 yard, backside, or other private or secret place, and unless all 
 the parties making the contract, bargain, gift, or exchange in 
 the said fair or market shall come together before such book- 
 keeper, and also bring the horse, mare, gelding, colt, or filly, 
 so sold, exchanged, given, or put away, at the same time 
 before such book-keeper, as aforesaid, to the open place ap- 
 pointed for the book-keeper, and there enter, or cause to be 
 entered, their Christian names, sir-names, dwelling-places, in 
 manner aforesaid, with the colour, colours, and one special 
 mark at the least, of every the same horses,- mares, geldings, 
 colts, or fiilies in the keeper’s book for that purpose as afore- 
 said, and that no person* after the said twenty-filth day of 
 December, 1705, shall in any fair or market sell, give, ex- 
 change, or put away any horse, mare, gliding, colt, or filly, 
 unless the book-keeper or chief officer of the same market or 
 fair, shall and will take upon him perfect knowledge of the 
 person that so shall sell, or oiler to sell, give, or exchange any 
 
 horse. 
 
 \ 
 
00 
 
 horse, mare, gelding, colt, or filly, and of his true Christian 
 name, sir-name, and place of dwelling or residence, and 
 shall enter all the same, his knowledge, in a book there kept ior 
 the sale of horses ; or else, that he so selling, or offering to 
 sell, give, exchange, or put away any horse, mare, gelding* 
 colt, or filly, shall bring to the book-keeper one sufficient and 
 credible person that can, shall, and will testify and declare 
 unto and before such book-keeper, that he knoweth the party 
 that so selleth, giveth, exchangeth, or putteth away such 
 horse, mare, gelding, colt, or filly, and his true Christian name, 
 sir-name, mystery, and dwelling place, and there enter, or 
 cause to be entered in such book, as well the true Christian 
 name, sir-name, mystery, and place of abode, dwelling, or 
 residence of him who so selleth, giveth, exchangeth, or put- 
 teth away such horse, mare, gelding, colt, or filly, and that 
 no book-keeper, or other person employed in that service, 
 shall enter any sale, gift, exchange, or putting away of any 
 horse, mare, gelding, colt, or filly, unless he knoweth the 
 party who so selleth, giveth, exchangeth, or putteth away such 
 horse, mare, gelding, colt, or filly, and his true Christian 
 name, sir-name, mystery, or place of his dwelling or residence, 
 or the party who shall so justify or avouch, as is herein before 
 enacted ; and such book-keeper or other person shall give to 
 the person so buying, or taking by gift or exchange such horse, 
 mare, gelding, colt, or filly, requiring and paying three pence 
 for the same, a true and perfect note in writing of all the full 
 contents of the same, subscribed with his hand, upon pain that 
 the person making any untrue testimony or avouchment in 
 the behalf aforesaid, and every person so selling, giving, ex- 
 changing, or putting away any horse, mare, geld ng, colt, or 
 filly, without being known to the book-keeper or other officer 
 aforesaid, or without bringing such a voucher or witness, causing 
 the same to be entered as aforesaid, and every book-keeper, 
 toll-keeper, or other officer of fair or market neglecting to do 
 his duty, shall severally forfeit for every such default the sum 
 of twenty shillings; and also every sale, gift, exchange, or 
 other putting away of any horse, mare, gelding, colt, or filly, 
 in fair or market, not used in all points according to the true 
 meaning of this Act, shall be .void ; the said several penalties 
 to be recovered before the Justice and Justices of Assize in 
 the several places where they sit ; and where they do not sit, 
 then before the Justices of the Peace at their several quarter 
 sessions, and levied by their respective warrants by distress 
 on the goods of every person making default, and sale of such 
 woods, returning the overplus, if any, to the party so dis- 
 trained. 
 
 s. 3. And 
 
s. 3. And be it farther enacted by the authority aforesaid, that 
 the Judge and Judges ot Assizes, in their several and respec- 
 tive circuits, and the Justices of the Peace of every otlierplace 
 and county where the Judge or Judges of Assize do not sit, 
 shall respectively have authority in their respective Assizes 
 and ^ ess ions, within the limits of their authority and com 
 
 mission, to inquire, hear, and determine all offences against 
 this Statute. ° 
 
 s. 4. Ani be it further enacted by the authority aforesaid, that 
 all the penalties m this Act shall be one half to the poor of 
 the par isn where the offence is committed, or other public work 
 as the said Judge or Judges of Assize, and Justices of the" 
 Peace m their said Sessions shall respectively order : and the 
 other moiety to the person who will sue for" the same before 
 
 their Se^,s°a^eSd. 01 ASS ' Ze ’ ° 1 ' tbe Peace at 
 
 nn S ; \ A " d , fo ^ as n J uch as bu ) rers a nd receivers of stolen goods 
 and chattels do oftentimes harbour, convey away, and con- 
 ceal the principal Felons, so that they cannot be convicted of 
 such principal ielomes, and thereby such buyers and receiv- 
 ers and other accessaries to such felonies, have escaped all 
 manner of punishment, which hath greatly encouiaged the 
 buying and receiving such stolen goods and chattels: for rente 
 dy whereot be it therefore enacted by the authority aforesaid 
 that from and alter the sa.d twenty-fifth day of December’ 
 1705, it shall and may be lawful to prosecute and punish everv 
 
 or C oh P » r |° n b ani ,>en T bu y in S° r receiving any stolen goods 
 or chattels, knowing the same to be stolen, or that shall other-- 
 wise be accessary to such felony before or after the fact as 
 for a misdemeanor to be punished by fine and imprisonment 
 although the principal Felon be not before convicted of the 
 sa.dtel.my, which shall exempt the offender from bein~ p„. 
 vlcted aCCesSar >'' if the Principal shall he after "con- 
 
 And be it further enacted by the authority aforesaid 
 that it any harbourer of any Felon shall discover and prosecute 
 
 Ta i" Vu m ° re SUC ‘ barboure rs, so as they shall be taken 
 a d sha, be convict ot harbouring as aforesaid at the prose-’ 
 cution of such discoverer, that then such harbourer so disco- 
 venng and prosecuting shall, by virtue of this Act, he par- 
 doned and acquitted for his former crimes of harbourino only • 
 any thing in this Act to the contrary notwithstanding This 
 
 ?u nt 7 Ue m ‘ Orc o e for bve years, and from thence to the 
 «ndot the then next Session of Parliament, and no longer 
 
 Made perpetual by 6th Anne, c. 12. 
 
 4th ANNE 
 
4th ANNE, c. 14. 
 CLAUSE OF AN ACT 
 
 <?■* 
 
 For regulating the Weights used in this Kingdom, and that salt 
 and meal shall be sold by Weight, 
 
 s. 3. And be it enacted by the authority aforesaid, that be- 
 fore the first day of November. 1705, there shall be appointed 
 in every city, borough, or market town within this Kingdom, 
 by tbe chief Magistrate of the same, except in places where 
 the tolls and customs belong to any other person, and in such 
 case by the person or persons to whom the toll or customs of 
 such city, borough, or market town doth belong, one honest 
 and discreet person who shall be weigh-master in ihesaid city, 
 borough, or market town, who shall be sworn justly, truly, 
 and indifferent! v to weigh all goods, wares, and merchandises 
 as shall be brought unto him between buyer and seller; for 
 the doing whereof, he shall and may take and receive for every 
 draught weighing under a hundred weight, a halfpenny ; and 
 for every draught weighing one hundred poun Is and upwards^ 
 one penny, 
 
 « ooo 
 
 (6.) 25th G. II, c. 15. 
 
 CLAUSES OF AN ACT 
 
 For buying and selling of all sorts of corn and meal, and 
 other thingstherein mentioned, by weight; and for the more 
 effectual preventing the frauds committed in the buying and 
 selling thereof. 
 
 s. 5. And for the more easy weighing of corn in the city of 
 Dublin, and in other cities and market towns within thisK ng- 
 dom, be it enacted by the authority aforesaid, that the chief 
 Magistrate of the city 'of Dublin shall, at the expence of the 
 sa : d city, before tbe said first day of August, 1752, erect four 
 sufficient beams, with proper scales thereunto, and a competent 
 set of weights, made of iron and sealed by the proper officer 
 for weighing corn, in such convenient place or places within 
 the corn markets of the said city : and two or more such beams, 
 scales, and weights on AstonVquay, within the said city, foF 
 weighing all sorts of corn; and from time to time to keep the 
 same in good and sufficient repair for weighing with ; and for 
 the use of which no greater prices shall be paid or taken, than 
 iu this Act are hereafter expressed and appointed, under one 
 hunched pounds penalty each term. 
 
 s, 6 Enacts, 
 
63 
 
 s. 6 Enacts that in the cities and towns of Cork, Waterford, 
 Limerick, Belfast, Londonderry, Newry, Sligo, Galway’ 
 Drogheda, Dundalk, Wexford, Kavan, Athy, Maas, Lisburn, 
 Clonmel!, Ross, and Youghall, and all the other market towns 
 in this Kingdom, the chief Magistrate for the time being, 
 shall provide one or more just and true balance or iron beam, 
 with scales, and a competent set of weights made of iron, 
 under htty pounds penalty every Assizes, 
 
 s. 7. Provided always, that for weighing corn or things at 
 such scales, wo more shall be paid than one halfpenny for°evcn , 
 draught weighing under one hundred, and one penny for every 
 draught weighing one hundred or upwards . 
 
 s. 12 And whereas the custom of selling potatoes by mea- 
 sure hath been found very inconvenient, and is attended with 
 many frauds and abases, to the great detriment of the poor 
 of the Kingdom : for remedy whereof be it enacted by the 
 authority aforesaid, that from and after the said first day of 
 August, 1752, all potatoes, in cities, towns corporate, and 
 market towns, and elsewhere, shall be sold and delivered by' 
 weight, and not by measure, or in any other way whatsoever; 
 and that such weight shall be by the avoirdupoise pound, four- 
 teen pounds whereof shall make a stone, and eight stone one 
 hundred, which potatoes shall be weighed without fee or reward, 
 at the beams and scales of the said respective places, to be erected 
 and kept pursuant to this Act. 
 
 ■ooo- 
 
 ( 7 .) 
 
 1st G. Ill, c. 17. 
 CLAUSES OF AN ACT 
 
 For reviving, continuing, and amending several lemnorary 
 Statutes, and tor other purposes therein mentioned. 
 
 to ohm „ A " d Wh f-T !t , ls vel T difficult, as the law now stands, 
 o obtain impartial trials in cities, in cases where the right t< 
 
 of such h ’ 0rCUSt0mS ’ dai,m d b >' the respective corporations 
 Of such cities, come in question: be it enacted by the autl.o- 
 nty aforesaid, that noussue shall hereafter be tried by a jury 
 ot any city, m any action or suit concerning any tolls; duties, 
 or custom, claimed by the corporation of such city, but every 
 such issue shall be tired by a jury of an indifferent county, to 
 e appomimi ltl the court in which such action or suit shall 
 
 s. 25. And 
 
64 
 
 s. 25. And whereas great abuses have prevailed in cities and 
 towns corporate in this Kingdom, by the exacting of several 
 unreasonable and excessive tolls of corn, grain, and other 
 goods and merchandises, not warranted b^ law, charter, or 
 usage : for the remedy whereof be it enacted by the authority 
 aforesaid, that the Mayor or other chief Magistrate of every 
 city and town corporate, shall cause a schedule of the duties, 
 tolls, or customs claimed by the corporation of such city or 
 town corporate, to be hung up in some conspicuous part of 
 the market house or market houses of such city or town cor- 
 porate, on every market day, for one month nextensuing every 
 Michaelmas day, and in case of neglect so to do, such Mayor „ 
 
 or other chief Magistrate shall for every such neglect forfeit a 
 penalty of ten pounds sterling, to be recovered in a summary 
 way by civil bill at the next Assizes, by any person or persons 
 who shall sue for the same. 
 
 s. 26. That if any officer of any corporation, farmer of tolls, 
 or toll gatherers, shall exact from or compel any person or per- 
 sons to pay any duty, toll or custom, or perquisite not menti- 
 oned or comprised in such schedule, to be hung up as afore- 
 said, such officer, farmer of tolls, or toll gatherer, shall for 
 every such otlence forfeit the sum of five pounds sterling, to 
 be recovered by civil bill at the next Assizes, by any person 
 from whom any unlawful duty, toll, or custom, or perquisite 
 shall be so exacted. 
 
 s. 27. And whereas the progress of the linen manufacture has 
 been in many cases retarded by a scarcity of fuel, be it enacted, 
 
 &c . — that all turf, furze, and timber in faggots for fuel, shall, 
 pass into and through every city and town, free from all toll, 
 custom or perquisite whatsoever, claimed by any officer or 
 member of such corporation. 
 
 ooo s 
 
 (8.) 3d G. HI. c. 34. 
 
 CLAUSES OF AN ACT 
 
 For the better regulation of the linen and hempen manufac- 
 tures. 
 
 f. 10* And that if any ouncils shall be made use of in any 
 Vir or market, in order to distinguish or ascertain the factor 
 ^nomination, or weight of any linen or hempen yarn, ex- 
 Vding in value two shillings the pound weight, such ouncil 
 
 shall 
 
65 
 
 shall be forfeited, and every person making use of the samoaa 
 aforesaid, shall forfeit the sum of ten shillings for every time 
 he or she shall so make use of them* 
 
 s. 50. And be it enacted by the authority aforesaid, that 
 all linen, yarn, and linen cloth, which shaii be hereafter sold, 
 or bought in any fair or market, shall be sold and bought 
 within the custom gates or custo n gaps of sucn fair or market; 
 and all linen, yarn, and linen cloth, which shall be sold or 
 bought, coming to any fa r or market, and not within the said 
 custom gates or gaps, shall be forfeited. 
 
 s. 50. And that no toll, custom, or duty whatsoever, shall 
 be paid or demanded, for any flax-^eed or hemp-seed, flax, 
 hemp, or cotton, or any cloth made of linen, or hempen, or 
 cotton yarn, or cloth made of linen, or hempen yarn and 
 cotton mixed, kelp or pot-as'aes, wheels, reels, hackles or 
 looms, for or by reason of their being brought to, or kept in 
 any market or fair, or for the passage of them or any of them 
 over an / bridge, or through any cdy or place whatsoever, 
 (turnpike gates only excepted,) and that if any person shall 
 demand, exact, or take any toll, custom, or duty whatsoever, 
 contrary to tne true intent and meaning hereof, e- ery person 
 so offending shall, for every such offence, forfeit the sum of forty 
 shillings. 
 
 ** -* *■ ■ — 000 ‘ 
 
 (9.) 11 & 12 G. III. c. 31. 
 
 CLAUSE OF AN ACT 
 
 For enabling certain persons to carry on and complete the 
 Grand Canai. 
 
 s. 29. That no duty, rate, toll or custom whatsoever, save 
 the rates herein mentioned, shall be taken tor, upon, or out 
 of any goods, merchandises, commodities, or, other matter 
 whatsoever, which shall or may be carried by the said naviga-* 
 tion, to or for any place whatsoever. 
 
 • uoo — 
 
 (10.) 27 G. III. c. 15. 
 
 CLAUSE OF AN ACT- 
 
 To prevent tumultuous risings and assemblies, and for the 
 more effectual punishment of persons guilty of outrage, riot, 
 and illegal combinations, and of administering and taking 
 , unlawful oath?* 
 
 \ 
 
 I 
 
 s. 6, And 
 
66 
 
 s. 6. And be it further enacted, that any person or persons, 
 not duly qualified by law to administer oaths, who shall admi- 
 nister or cause to be administered, or tender or cause to be ten- 
 dered to, or by threats, promises, persuasions, or other undue 
 means , a use induce, or procure to be taken, be any person 
 or persons, any wn awful oath, or solemn engagement, upon a 
 hook or otherwise, and being bv due course of law thereof con- 
 victed, shall be adjudged guilty of felony, and may be trans- 
 ported for life ; and every person who shall take any surh oath or 
 solemn engagement, a$ aforesaid 1 , not being thereto compelled 
 by inevitable necessity, and being by due course of law there- 
 of convicted, shall be adjudged guilty of felony, and suffer 
 as a felon, and may be transported for seven years. 
 
 ooo— 
 
 (11.) 30 G. III. c. 29. 
 
 CLAUSE OF AN ACT 
 
 For the better enabling the Royal Canal Company to carry on 
 and complete the Royal Canal, from the ciiy of Dublin to 
 Tarmonbur.y on the rivet Shannon, 
 
 s. 15 . Provided always, that any thing herein contained shall 
 not extend, or be const r ed to extend, to the depriving the 
 corporation of the city of Dublin of any toll or custom that 
 they have hitherto been entitled to receive, on goods brought 
 into, or carried out of the county of the said city of Dublin. ' 
 
 ooo 
 
 (12.) 32 G. IIL c. 29. 
 
 AN ACT 
 
 ' To prevent Abuse in the Collection ofTolk. 
 
 “ Whereas corporations frequently authorize persons of little 
 or no substance to collect tolls, to which they claim to be en- 
 titled, and whereas such tod gatherers compel many persons to 
 pay tolls to vvhicli^uch corporations are not entitled by law, and 
 when suits have be en instituted against ->urh toil gatherers for 
 buck exaction*, bv the persons aggrieved tliereb , such toll 
 gatherers have been <1 fended by, and at tbe expense of such 
 corporation, and after judgment had been obtained agamst 
 such toil gatherers, they have run away, and the plaintiffs have 
 
 been 
 
67 
 
 been left without any redress for the injury they have sus- 
 tained ; to prevent «vftich practices for the future, be it enacted 
 by, &c.—- that from and after the first of May, 1792, as often as any 
 toll gatherers shall seize or detaiu any goods or merchandises, 
 for or upon account of any tolls claimed by a corporation, it 
 shall and may be lawful to and for the person or persons who 
 shall think himself or themselves aggrieved thereby, to apply 
 to the Mayor or chief Magistrate of such corporation, to be in- 
 formed whether su^h toll gatherer has acted under the autho- 
 rity of such corporation or not, and such Mayor or chief Ma- 
 gistrate is hereby required to give a certificate thereof to the 
 person or persons so apply. ng. And in case such Mayor or 
 chief Magistrate shall refuse to give such certificate, or shall 
 'Certify that such toil gatherer has acted under the authority of 
 such corporation, then it shall and may be lawful to and for the 
 person or p'ersonswtioshail think himself or themselves aggrieved 
 thereby, to j o n the treasurer or chamberlain of such corpo- 
 ration, with such toll gatherers in any action or replevin which 
 he or they may be advised to bring ; and in case he or they 
 shall obtain judgment in such action or replevin, by default or 
 otherwise, he or they shall have the like remedy against such 
 treasurer or chamberlain as against such toll gatherer, such 
 treasurer or chamberlain shali not be permitted to plead non 
 cepit in such action or replevin; and incase such Mayor or 
 chief Magistrate shall certify that such toll- gatherer did not 
 exact such toll under the authority of such corporation, that 
 then it shall and may be lawful to prosecute such toll gatherer 
 for a misdemeanour, as a person raising money upon the subject 
 without lawful authority.” 
 
 ooo 
 
 / 
 
 (13.) 52 G. III. c. 134. 
 
 CLAUSES OF AN ACT 
 
 For the better Regulation of the Butter Trade in Ireland. 
 
 s. 17. And whereas the weighing,’ examining, and branding 
 such empty cask or casks, andxiask or casks of butter, are at- 
 tended with great expense and trouble ; be it therefore enacted, 
 that the we.gh master or weigh masters ot each city, town 
 corporate, place of export, and market town lor the time 
 being, shall have and receive from the person bringing the 
 same to be weighed and branded, or from t^e owner theieof, 
 the sum of one penny, and no more, for every, such empty 
 cask so weighed and. branded ; and for the weighing and brand- 
 ing every cask of butter, two pence; and for tasting, proving 
 and marking the quality, one penny, to be paid to the person 
 
 sp 
 
N. 
 
 68 
 
 so tasting, proving, and marking the said butter; and that no 
 butter shall be packed, sold, or exposed to sale, in any cask 
 exceeding n weight more than eighty-four pounds in the gross; 
 and that the said weigh master or weigh masters, his or their 
 deputy or deputies, shall not brand any empty cask which, 
 when full of butter, may weigh more than eighty-four pounds 
 gross, nor less than twenty-eight pounds gross; and that the 
 tare of every ..uch cask or casks shall be twenty pounds weight 
 per hundred weight on the gross weight thereof, or to be de- 
 ducted in th it proportion though it shall weigh less ; ano that 
 upon refusal to pay the respect ; ve fees aforesaid, or any of 
 them, by the person or persons liable by this Act to pay the 
 same, it shall and may be lawful for such weigh master or 
 weigh masters, his or their deputy or deputies, taster or tasters, 
 to detain such cask or ca^ks until satisfaction be made, accord- 
 ing to the true intent and meaning of this Act ; and that every 
 cask or casks shall have the staves thereof a* nearly « f n 
 equal thickness as may be ; and that the head 'and bottm of such 
 cask shall be of due tli'ckness, in proportion to the size of 
 such cask r c .‘•k- ; and if any cask of butter which shad be 
 brought to any of,the weigh houses aforesaid, shall have the 
 butter in it packed above the riddie of such cask, such cask 
 of butter shall not be weighed until the surface of such butter 
 shall be reduced to a level with the corner edge of such riddle ; 
 and in case the tare marked on any cask of butter which shall 
 be brought to any of the said weigh houses to be weighed, 
 shall not be in the proportion aforesaid to the gross weight of 
 such cask, it s ; *al 1 be lawful for the said weigh master or 
 weigh masters, his or theirdcputy or deputies, and he and they are 
 hereby required to erase such tare from such task, and to mark 
 and brand thereon such tare as shall bear that proportion to the 
 gross weight thereof, which by this Act is required, 
 
 s. 27. And whereas, by several Acts now or lately in force, 
 weigh houses and weigh masters have been long established in 
 the liberties of Saint Sepulchre and of Thomas Court and Donore , 
 which said liberties are situate within the county of the city 
 and county of Dublin: and whereas it may happen that weigh 
 houses and wqigh masters may have been established by virtue 
 of certain laws and customs in force in certain other liberties 
 in Ireland , and it is expedient that weigh houses should be con- 
 tinued within all such Siberties, and be subject and liable to 
 the same regulations to which any weigh house or weigh mas- 
 ter, to be erected, established, appointed, or continued in any 
 places by virtue of this Act, is or maybe liable or subject ; 
 be it therefore enacted, that the Lord of any manor, or Se- 
 neschal of any liberty, under and by virtue of any law or 
 custom in force at the time of the passing of this Act, an<J 
 
 which 
 
 \ 
 
which shall have been put in force or acted under for the space 
 of six years before the passing of this Act, shall respectively 
 according to such law or custom have full power and authority 
 to appoint one weigh master for each and every such manor or 
 liberty, for butter and tallow, to weigh, brand, and mark all 
 such casks and commodities, and take and receive all such sum 
 and sums of money for weighing, branding, and marking 
 the same, as any weigh master or weigh masters nominated 
 and appointed, or to be appointed by, or in pursuance of this 
 Act, can or may have, exercise, take, or receive by virtue of this 
 Act ; and after such casks or commodities shall be weighed, 
 branded, or marked by the weigh master of the said respec- 
 tive bbert es as aforesaid, such casks or commodities shall and 
 may be exported in such sort and manner as if weighed by 
 the weigh master of any place under the direction of this Act, 
 any clause, matter, or thing in this Act contained to the con- 
 trary notwithstanding ; which said weigh masters and their re- 
 spective deputies shall be subject and liable to all the regula- 
 tions, pains, and penalties to which any other weigh masters or 
 their deputies appointed by this Act or in pursuance thereof 
 are subject and liable, under the direction or controul of the 
 Lord or Seneschal of any such manor or liberty respec- 
 tively. 
 
 I 
 
 h 1 < 
 
 RESOLUTIONS 
 
70 
 
 ir. 
 
 RESOLUTIONS OF IRISH HOUSE OF COMMONS 
 
 ON THE SUBJECT OF TOLLS. 
 
 000 
 
 EXTRACTS TROM IRISH COMMONS’ ( JOURNALS. 
 
 000 
 
 (14.) “ 6° Die Apr Ms, 1635, 0.5. 
 
 < e Ordered, upon question, that the excessive taking of 
 tolls and customs, in fairs and markets, in corporations and 
 other places throughout the whole Kingdom, be presented t o 
 the Lord Deputy, by way of petition ot' remonstrance, in the 
 name of this House, humbly to desire his Lordship to take the 
 same into consideration, and to examine and regulate the same 
 as shall seem best for the ease of the subject.” — Vol. 1, p. 190. 
 
 ooo- 
 
 ( 15 .). 
 
 “ 2 Die Septembris , 1 662, 0, S. 
 
 ' 11 Reported from the commiliee of grievances, that in obe- 
 
 dience to an order of reference upon a petition exhibited by seve- 
 ral personsagainstWilliam Harvey, scavengerofthecity of Dublin, 
 forexacting more toll upon all sorts otgrain-and malt, than of right 
 did appertain; and having heard both parties ami. their wit- 
 nesses, what could be said or proved therein, did find, “ That 
 anciently , and of right, there tuns no more loll due than as much 
 as could be taken out of the sack with the hand to the wrist of the 
 arm ,” and it appearing that toll is now, and of late hath been 
 taken by two toll dishes, the one containing about five pints 
 and a half, and the other about four pints and a half. — “ That 
 anciently, no toll was taken but in the market , and upon market 
 days,” but of late toll hath been taken by force, wjthout respect 
 Of the market or market days, and in all plages within the .ju- 
 risdiction of this city, as well without as within the city. 
 « That anciently the sword bearer took but so Mitch out of each 
 parcel of wheat as was necessary for a sample for the Mayor, to put 
 J an assize upon bread ;” but of late he hath exacted two handfuls 
 without which he has refused to give a ticket to the country- 
 man, to carrv out of the market his corn ; all which said par- 
 ticulars were judged by the said committee to be griev- 
 
 ances.” 
 
 “ Ordered, 
 
71 
 
 "Ordered, upon question, that this House do agree to the 
 report of the committee of grievances, and hereby vote the 
 several particulars, so reported, to be public grievances • 
 
 "Ordered, upon question, that William Harvey, scavenger, 
 of the city of'D iblin, and the sword bearer to the Mayor of 
 the said city, be attached by the serjeant at arms, and brought 
 to the bar of this house , as delinquents, for exacting and taking 
 of excessive toll, for corn brought to this city ; and that the 
 Speaker sign a warrant to that purpose.'” — V. 2, p. 159. 
 
 ojo — • 
 
 (16.) % 29 die Qecembris, 1662, O.S. 
 
 "Ordered, upon question, that the petition of the Mayor of 
 the city of Dublin about taking toll from the corn sellers com- 
 ing to the markets of the said city, be referred to the consi- 
 deration of the under-named committee. (Fifteen persons 
 named.) 
 
 "Ordered, upon question, that EcuvaVd Clarke, committed 
 prisoner by order of this House, to the serjeant at arms, upon 
 a contempt upon his exacting toll from corn sellers coming to the 
 markets of this city, contrary to a former vote of this House in 
 that behalf, be forthwith set at liberty ; the Mayor of Dublin, 
 &c. having, by their petition, humbly submitted the whole 
 matter to this House, and prayed his enlargement. V. 2, 
 p. 240. 
 
 000 
 
 (17.) Die Marti, 1063, 0. S. 
 
 " Report from the committee appointed to take into consider- 
 ation the petition of the Mayor cf the city of Dublin, &c. 
 concerning the regulation of the toll; that, after great debate 
 about the same, they agreed upon the particulars following : — 
 
 " That the toll taken for the corn brought to and sold in the 
 market of Dublin, out c/f every barrel of wheat, here, and 
 barley, be a sealed quart struck ; and out of every barrel of 
 all other grain, three pints struck ; and for the better regulation 
 thereof, no toll be taken for com bought in the country, and 
 brought to the city for the private spending in a family 
 
 "The toll of corn not to be taken in any other place but in 
 the market, or where it is housed,” 
 
 *• The 
 
72 
 
 "The toll of the sword bearer is disclaimed by the 
 petitioners.** 
 
 "The taking of any more than one toll of corn for the same 
 corn, is disclaimed by the petitioners ; only the farthing a 
 sack of corn for the custom of the thorough toll is to be 
 taken.” 
 
 "No toll to be taken in* the market but in the presence of 
 the owner or servant.” 
 
 " That corn brought into the market, and paying toll, but 
 not sold, may be either left in the town-hall, or carried away 
 by the owner.” 
 
 '‘That no money be taken for putting the unsold corn in 
 the common room.” 
 
 Sir William Davis, Recorder, assured the House, that when the 
 toll came to be taken according to the manner proposed in 
 the report, the tax now laid upon the inhabitants of this city 
 for cleansing the streets, would be taken off. 
 
 ■ » ' ' i 
 
 "Ordered, upon question, that this House do agree to the 
 above report of their committee, and that his grace would be 
 pleased, by Act of state, to empower the persons concerned 
 to take and receive the toll, as it is therein expressed, and not 
 otherwise V. 2, p. 296. 
 
 ooo 
 
 (1 8.) "26 Die Octobris, 1 692. O. S. 
 
 Reported from the committee of grievances, that they had 
 come to the several resolutions following: — 
 
 " Resolved — That the taking of a pint of corn by Alexander 
 Gordon, sword bearer of the city of Dublin, by colour of his 
 office, out of every barrel that comes to the said cit) r , or the 
 liberties thereof, is illegal, extortious, and a great grievance.” 
 
 " Resolved — That the taking of more than one sealed quart, 
 struck, out of every barrel of wheat, rye, bere, and barley, 
 and the taking of more than three pints, struck, out of every 
 barrel of other grain, brought to and sold in the market of 
 Dublin, was and is, illegal, oppressive, and a great griev- 
 ance.” 
 
 "Resolved — That the taking of the toll by Thomas Rogers, 
 one of the toll gatherers of the city of Dublin, by the two 
 
 brass 
 
7 3 
 
 bra^s measures unsealed, produced before the committee, each 
 of which contains above two quarts out of each barrel of 
 wheat, an i all other grain brought into the city of Dublin, is 
 illegal, and a grievance.” V. 2. p. 612, o73. 
 
 ooo 
 
 (19.) “ 17 Die Septembris, 1693,0. S. 
 
 “ Reported from the committee of grievances, that they had 
 taken into their consideration the matter concerning Alexander 
 Gordon, of Dublin, and had come to the resolution fol- 
 lowing, viz. — 
 
 “ Resolved, — That it is the opinion of this committee, that the 
 taking of a pint, or any other quantity of corn, out of each 
 sack, by' Alexander Gordon,' his deputy, or any under him, 
 by way of toil, or otherwise, is extortions and illegal, to 
 which the House did agree. 
 
 *' Ordered — That Alexander Gordon be taken into the 
 custody of the serjeant at 'arms attending this House.” — 
 V. ft p. 683. 
 
 — 000 
 
 (20.) “‘26 Die Septembris, 1695, 0. S. 
 
 “ A petition of Richard Smith, John Stubbs, and others, 
 onbchaif of themselves and others of the city or Dublin, now 
 o.i the table, complaining of an undue exaction of toll or duty, 
 by one William Cloud, an under officer of the Lord Mayor 
 of the city of Dublin, from the petitioners, to their great 
 oppression, read. 
 
 Ordered, That the examination and consideration of said 
 pet tion be referred to the committee of grievances, and that 
 they report their opinion thereon to the House.”— V. 2. p. 688, 
 
 ooo 
 
 (21.) “ ! 2 Die Octobris, 1693, 0. S. 
 
 “ Reported from the committee of grievances, that they had 
 come to a resolution concerning the toll taken by the city of 
 Dublin, as l’olloweth : 
 
 •* Resolved — That it is the opinion of this committee, that 
 the takingof more than one sealed quart, struck, of Winchester 
 measure out of every barrel of wheat, rye, bere, and barley, 
 
 K. 
 
and the taking of more than three pints, struck, out of every 
 barrel of other grain brought into, and bought and sold in the 
 city, or liberties of the city of Dublin, was and is illegal, 
 oppressive, and a great grievance. 
 
 “ A petition of the Lord Mayor, Sheriffs, Commons, and 
 Citizens of said city, being likewise presented and read, pray- 
 ing they may be heard at the bar of the House by their couu- - 
 sel, as to the said toll. 
 
 “ Ordered, That the consideration of the said report be ad- 
 journed till Thursday morning next, and that the city be then 
 heard by their counsel at the bar of this House, as is *desired. J> 
 
 — ooo 
 
 {22.) *21 Die Novembris, 1695, 0. S. 
 
 “The House proceeded to the consideration of the report 
 from the committee of grievances, concerning the toll of this 
 city. 
 
 “ And a motion being made, that the city be left to law, to 
 try their right to the toll of all grain demanded by them, and 
 the quantum, it passed in the negative.” 
 
 ooo 
 
 (23.) G Die Octobris, 1703, O. S. 
 
 Doctor Coghill reported from the committee of grievances, 
 that they had come to several resolutions, which he read in 
 his place, ami after delivered in at the table, where the same 
 were again read, and are as follow : — 
 
 Resolved — That it is the opinion of this committee, that 
 the receiving or exacting toll or custom for cattle in any mar- 
 ket, town, or place where the same are not sold, is a griev- 
 ance.” 
 
 To which resolution the question being put, the House did 
 agree. 
 
 “Resolved — That it is the opinion of this committee, that 
 the receiving any toil o- custom for the driving cat:le, or car- 
 rying any sort of goods through any market town, or high 
 road where the same are not to be sold, is a grievance; except 
 wfn*re the persons receiving such toll do, and ought to repair 
 bridges, on account of receiving the same.” 
 
 To 
 
75 
 
 To which resolution the question being put, the House did 
 agree, with an amendment: 
 
 “Resolved — That it is the’ opinion of this committee,, that 
 the receiving or exacting of toll or custom for the bringing of 
 any goods whatsoever, into any market town, where the same 
 are not to be sold, is a grievance.” — V. 3. p. 36, 
 
 ooo 
 
 (24-,) 28 Die Februarii, 170.5, 0. & 
 
 #•, 
 
 44 Resolved — That no toll ought to be paid For driving any 
 cattle, or carrying any goods to or from any city, corporate 
 town, or other place where the same are not to be sold, unless 
 such city, or corporate town, or other place, at their own 
 cost, and not at the charge of the county, repair and keep up 
 s.ome public bridge, over which the said cattle or goods do 
 pass.” 
 
 “ Resolved — That exacting or taking such toll or custom is 
 against the law, and an high misdemeanour .” 
 
 “ Resolved — That it is the duty of the Justices of her Ma- 
 jesty’s Court of Queen's Bench, (every term,) the Justices of 
 Assize in their several circuit's, and the* Justices of Peace at 
 their quarter sessions, to give in charge an Act made in this 
 Kingdom, in the 25th year of the reign of King Iienry the 
 sixth, entitled, “ An Act that none should take custom but within 
 cities, boroughs, or merchant towns, where there is authority 
 to take customs.” 
 
 • ooo 
 
 l 
 
 (25.) IRISH PARLIAMENTARY DEBATES. 
 
 12th March, 1792. 
 
 A bill from the Lords, to prevent frauds in the collection of 
 tolls, being read a tirst time, 
 
 Mr. P. Smith called on the representatives and friends of 
 the cities and corporations of the Kingdom, to pay particular 
 attention to this bill. Ic was calculated, he said, to smooth 
 the way to prosecution against those corporations, and to give 
 infinite trouble to their ollicers and Magistrates. 
 
 The Solicitor General thought the bill a good one, and so 
 simple as to be within the obvious comprehension of the plain- 
 est 
 
76 
 
 *st judgment in the House. Its only object was, to enable 
 the owner of any goods or merchandise that should be se zed 
 for toll, to appiy to the Mayor, or other Magistrates of the 
 corporation, requiring him to'signtfy by a certificate, whether 
 the officer seizing, acted with his concurrence or not? which 
 certmcate, it the Magistrate should refuse to give, it should be 
 lawful to join him with the officer in a suit at law, and he shou'd 
 be responsible to the complainant. This measure, bethought 
 h ghly useful, for to his own knowledge,, great extortion had keen 
 committed by the officers of several corporations ; and whe\i a ver- 
 dict I tad been obtained against those officers, they had ran away, and 
 these was no per on to be found responsible fur the mischief 
 that had been done. 
 
 Mr. Prendergast Smith said, there were several articles, on 
 which it was still a di-puted point, whether toll should he paid 
 or not; in such, it was umeasonable to require the Magistrate 
 to^become responsible for the legality of demanding the toll. 
 
 Mr. Bowes Daly thought the principle of the present bill so 
 fair, that lie could not object to it. 
 
 Mr. Bagwell and Sir Richard Musgrave, spoke in favour of 
 the bill. 
 
 Mr. Charles CVNeill thought it was unnecessary to consult 
 the corporation on this bill, tor it was natural to suppose, they 
 would oppose it, as tending to make them responsible for acts 
 ol oppression, the profits of which they may now share u it/iou { 
 being ar.swertble Jor them. Prosecutions for extortion Wire 
 now oi no efficacy aga list a corporation, and in many instances 
 they persevere in demands ajter a verdict has been obtained 
 against t/um. The present bill, he observed, went not to 
 determine what toils were or were not payable, but merely to 
 fix a responsibility for oppressive exactions* 
 
 Two motions wer$ made— one by Mr. Smith, that the bill 
 be read a second no e on Saturday next — the other by the 
 Solicitor General, that it be read a second time to-morrow, 
 (hi the first a divis.on took place, when there appeared. 
 
 Ayes, » _ _ o 
 
 Nues, 43 
 
 Majority, 35 
 
 The second reading was then ordered for next day. 
 
 ADJUDGES 
 
ADJUDGED CASES AND LAW AUTHORITIES, 
 
 000 
 
 (26.) Cro. ELIZ. 558. 
 
 HEDDY v. WKEELHOUSE. Trin. 38 ELIZ. Rot. 963. 
 
 Trespass for the taking of a cow — the defendant justifies* 
 because the town of Northampton is an ancient town, and 
 that King H. VII. Anno 1 1 Regni sui, granted to the Mayor 
 and Burgesses of Northampton, unam feriarn annuatim , (one 
 fair yearly,) to be 1. olden upon the feast of Saint Hugh, cum. 
 omnibus liber tatibus, et liberis consuetudinibus, ad hnjusmodi feriarn 
 spectant, vel pertenent. (with all liberties and free customs to 
 the like fair belonging or appertaining) — and shews that at such 
 a fair there holden, J. S. sold that cow to the plaintiff, where- 
 upon he demanded a penny for toll ; and because the defendant 
 refused to pay that penny for toll, he distrained that cow, as 
 bailiff for the non-payment. And the plaintiff thereupon 
 demurred in law. The sole question was, whether by this 
 grant thtre be any toll to be demanded ? For, if it w r ere due, 
 it was agreed on both sides that a distress might be taken for it ; 
 and that the defendant, as bailiff, and one of the corporation, 
 might well distrain for it. But it was argued for the plaintiff) 
 that toll was not demandable, unless by grant from the King, 
 or by prescription — and it cannot be here by prescription, 
 because it is a fair newly created — nor by grant, for there be 
 *not any words of grant of toll — and it is not any liberty, or 
 custom of common right appertaining to a fair, and therefore 
 it passed not by the general words, cum omnibus l ibertatibus, Sfc. 
 But it was argued for the defendant, that toll is a thing of com- 
 mon right, due for the entry of things sold in fairs or markets, 
 and for the better knowing of the things sold, and into whose 
 property they be passed : and therefore, by a grant of a fair, 
 cum libertatibus ad feriarn pertinent, fyc, it well may pass. And 
 of common right a penny shall be paid for such, unless in 
 places where nothing, or a greater sum is by prescription to be 
 paid. Vide 9 H. VI. 45 Sf 12 ED. IV. 9. Wherefore, See. 
 
 POPHAM — Toll is not a thing of necessity, nor incident to 
 a fair, for there be many places where no tell is paid ; and if toll 
 had used to be paid, no doubt but that by grant of a fair it 
 had well passed, without the words, cum pertinent.is. And qu^- 
 fionless also, the King may grant a fair, and that toll shall be 
 paid, although it be a charge upon the subject j because his 
 
78 
 
 subjects, (viz. the Venders,) have benefit and ease by such 
 fairs ; hut the King cannot appoint a buHhensome toll, but it 
 ought to be a petit sum, as a penny or two pence, which are 
 the smallest coins, or of lesser,' but not of any greater Value, 
 to charge the subject. But without grant or prescription, toll 
 is not of common right to be demanded. Wherefore, &c. 
 
 CLENCH, inclined to that opinion. 
 
 But, because the other Justices were absent, Adjoumatur, 
 vide /esiduum po&tea. Mich, 39 and 40, Placito 29. 
 
 • 000 
 
 (27.) Cro. ELIZ. 59J. 
 
 HEDDY v. WHEELHOUSE, (Ante Patch . 39, PL 1 5.) 
 
 The case was now moved again, and after argument at 
 the bar, 
 
 POPHAM, GAWDY, and FENNER, delivered their opinion : 
 
 That, by the said grant of a fair, cum omnibus libertatibus, fyc. 
 toll is not due nor demandable ; for toll is not incident to a 
 fair, as common experience proves, for the greatest part of the fair* 
 in England have not any toll ; but by express words in the King’s 
 grant, the grantee may have toll, so he may have poizage, or 
 pontage; for the subjects have thereby a greater benefit for x 
 their money than they pay for it, viz. in the one case true 
 weights; and in the other, ease of passage over water, which 
 otherwise was not well fordable, &c. 
 
 Absente Clench , it was adjudged for the plaintiff. 
 
 . ooo — . 
 
 (28.) 4 Durn. and East. 104. 
 
 Michs. 1791. 
 
 MOSELY, Bart. ©. PIERSON. 
 
 This was an action brought by the plaintiff claiming toll for 
 flour and oatmeal sold by the defendant on market days, in an 
 inclosed shed at a public house, and the oatmeal was delivered 
 at the place. Defendant’s counsel asked if the plaintiff could 
 give any evidence of toll having been taken on flour and oat* 
 meal sold, which had net beat brought into the market, and as 
 
 plaintiff 
 
 \ 
 
79 
 
 plaintiff could not, lie was nonsuited. Upon application to set 
 the nonsuit aside, the Judges were of opinion, that goods sold 
 by sample were not liable to toll* 
 
 LORD KENYON, C. J. said, “A sale in a market imports that 
 the goods are brought into the market, and ready to be deli- 
 vered to the purchaser. Now here the claim is for toll in specie, 
 which necessarily implies, that the commodity in regard of which 
 the toil arises is brought into the market. The grounds on/ 
 which my opinion proceeds are, that I cannot consider it as a 
 sale in a market, unless it be in the mode in which sales are 
 generally made in markets, namely, by selling the goods which 
 are brought into tie market for the purpose 
 
 GROSE, J. — “ I am of opinion, that goods sold in the market 
 must necessarily mean goods brought into the market and there 
 sold , otherwise he could not take toll in specie. The prece- 
 dents cited are strong to shew that the word •* Sold,” as applied 
 to- a sale in market, means a sale of goods, which are in the 
 market 
 
 ooo — — 
 
 (29.) 
 
 THE MAYOR AND COMMONALTY, AND CITIZENS 
 OE THE CITY OF LONDON, r. THE MAYOR AND 
 BURGESSES OF THE BOROUGH OF LYNN REMS, 
 COMMONLY CALLED KING’S LYNN, IN THE COUNTY 
 OF NORFOLK; IN ERROR. 1 Bosanq. and Puller , Rep. 4-8?. 
 
 This was an action brought by the corporation of London 
 against the corporation of King's Lynn, for taking toil from 
 five persons, freemen of London, who, amongst other liberties 
 and privileges, had the liberty and privilege, “ That they and 
 all theirgoods should be quit, and free of and from all passage, last- 
 age, and other customs, throughout England and the King's 
 ports.” — In Easter term, 1789, the cause was tried at the bar 
 of the Court of Common Pleas, (England.) 1 H. Bl. 2(i6, 
 when a verdict was found for the corporation of London. The 
 judgment was, “ That the citizens, and all their goods, should 
 be quit of yielding such toll, &c.” — On a writ of error brought 
 to the House of Lords, the judgment of the Court of Common 
 Pleas was, by the unanimous opinion of the Judges, affirmed. 
 
 N. B. The writs and the declaration are stated at length in If. 
 Blackst. Rep. C. B. 20 G, together with the subsequent proceed- 
 ings in the Court of Common Pleas ; also see 4 Durnf. ana 
 Bast, 130, being the same case removed in error to the Court 
 of King’s Bench, from the judgment of the Court of Common 
 Pleas, 
 
 KING. 
 
80 
 
 (30.) KING v. BUKDETT. yin. Ab. Tit. “ Toll,” 20. 
 
 Information against Rurdett, farmer of Newgate market, for 
 extortion, in taking divers sums of the market people for rent, 
 for the use of the little stalls in the markets, and divers great sums 
 for tines, and was found guilty. It was held by the Court B. 
 R. and by Holt, Ch. J. at Guildhall, that if the defendant erect 
 several stalls, and does not leave sufficient room for the market 
 people to stand and sell their wares, so that for want of room they 
 are forced to hire the stalls of the defendant, the taking of mo- 
 ney for the use of the stalls in such cases, is extortion ; but if 
 the people have room enough clear to themselves, to come and 
 sell their wares, but for \he\r further convenience, they voluntarily 
 hire these stalls of the defendant, without 'any necessity com- 
 pelling them, there it is no extortion, though the defendant 
 takes a fine and rent for the use of them. The law has not ap- 
 pointed any stalls for the market people, but only that they shall 
 have the liberty of the market, which the defendant does not 
 abridge, having left them room enough, besides the place where 
 the stalls are set, and then, if they will enjoy the convenience 
 of the stalls, they must comply with the defendant's terms.— 
 Lord Bay , Hep. 148, 149, Hill, 8 and 9, IV. 3; 
 
 ooo 
 
 (31.) Comyn’s Digest. Tit. “ Market/’ t. 4. 183. 
 
 The duties usually paid at a fair or market are toll, stallage, 
 pi cage, tffc. 
 
 (32.) TOLL is a reasonable sum due to the Lord of the fair 
 or market for things sold there, which are tollable . 2 Inst. 220. 
 
 (33.) And it was usually allowed for witnessing of the sale. 
 5 Inst , 220. 
 
 (34.) And by common right shall be only upon a sate of 
 live cattle, not of victuals, wares, &c. R. Mod . 474. 
 
 (35.) By special custom toll may be for goods not sold. 
 Semb. Lut , 1330. But that seems to be for stallage . 2 Inst, 221. 
 Mod . 835. Rol 123. 1. 37. 
 
 (36.) The Mirror says, that a halfpenny shall be taken of 
 goods of 10s. et sic pro ratu ; so t/uit no toll exceed a penny . 
 2 Inst, 222. 
 
 (37.) And therefore above a penny is an unreasonable toll. 
 Mo. 474. 
 
 138,) If 
 
81 
 
 (3S.) If the toll granted with a fair or market be outrageous 
 or unreasonable, the grant of the toll is void, and the same is a 
 free market or fair. 2 Inst. 220. Cro, Lhz 538. 
 
 (39.) The King may grant a fair, and that toll shall be paid • 
 but It must be of a very small sum, as Id. or 2d. or less, but not 
 more. Per, Popham. Cro. Eliz. 559. 
 
 (40.) Hut Mo. 474. pi, 680. 5. C. the Justices held Id a 
 beast, unreasonable. 
 
 (41.) Toll is not incident to a fair or market, and therefore 
 a grantee shall not have toll without a special <r ra nt 2 
 
 220. 716. ~ n - - ~ -- n z 
 
 77, 86. ' 
 
 tfiarg, Cro. Eliz . 558, 59: 
 
 Mo. 474. R. Pal 
 
 (42.) And therefore, if the King grant a market, & e . de 
 novo, omnibus hbertatibus perlimn. ; be shall not have toil. R 
 Pal * 78. * 
 
 (43.) So after a fair or market granted, the King cannot -rant 
 
 iZ&ZZSSr**"- •! *. 
 
 (44.) And therefore, it is not sufficient to allege the -rant of 
 a market with all tolls belonging, but there must be a.leaed a„ 
 express grant, or a prescription for toll. Put. 13S0. ° 
 
 (45.) So the King cannot grant a toll for goods not brou-bt 
 to the market. Lut. 1502 
 
 V * 
 
 (46 ) So regularly toll shall not be paid before the sale • for 
 it is due from the buyer, not from tne seller. 2 Ins' oo i 
 Lut. 1336. 
 
 (47.) The King shall not pay toll, 2 Inst, 221. 
 
 (48.) Tenants in ancient demesne shall not pav toll for <r 00 ds 
 ior his tenements Or family, 2 Inst. 221. 1 Roll 321 °B 1 
 Leon. 233. * * * A 
 
 (49.) An outrageous toll is any toll when there is none due 
 or the party is discharged of toll. 2 Inst. 220. or if more be 
 exacted than is due. 2 Inst. 220. And therefore an action upon 
 the case lies against him that takes an outrageous toll, viz of 
 him who ought to be quit. Yel 13. 
 
 (50.) Stallage -is a duty for the liberty of having stalls in a 
 fan or market. Pall. 7/.— or for removing them from one part 
 of the fair to another. Pall. 77.— But tor the different kind 
 
 1 of 
 
/ 
 
 82 
 
 of tolls, vide 2 Roll. Ab. 522. Mod. 47, 231. 2 Mod. H3. Ld. 
 Rayrn . 385. 4 JMo^. 319. 2 Show. 34. p/. 26. 
 
 (51.) Picage is a duty for picking holes in the Lord’s ground, 
 for the posts of the stalls. Per Treby. Quo. IV. 29. Pul. 77. 
 
 (52.) If a man prescribe for toll, viz. pro qualibet stall a , 
 so much, it is well, for toll is a general word. R . L«/. 1519. 
 
 ooo 
 
 (53.) 2 Bac. Ab. 457. 
 
 Toll is a general word which comprehends all duties and 
 payments at a fair or market, and therefore a grant to be dis- 
 charged of toll, discharges a man from picage and stallage.— 
 ~ Palm . 78. 2 Lutw . 1519. 
 
 000 
 
 (54.) Com Dig. 153, Tit. “ Ecclesiastical Persons.” 
 
 Ecclesiastical persons shall be discharged of tolls, customs, 
 average, pontage, paviage, &c. for their ecclesiastical goods.— 
 2 Inst. 4. 
 
 (55.) And if they be molested, they may have a writ for their 
 discharge. F. N. B . 227, F. Reg. 260. So for goods bought for 
 their sustenance. F. A. b. 227 . F. 
 
 - ooo 
 
 (56.) Viner’s Ab. Tit. “ Toll,” V. 20, p. 288. 
 
 Of things bought by any for his own use, no toll shall be 
 paid. Br. Tolls , pi. 7, cites S. C. pr. Thorp. Green and Setonfor 
 Law. 
 
 \ 
 
 (57.) No toll is due for hens or geese, or for any other things 
 of such a nature. Per Clench. Ow. 109. Trin. 36. Eliz. B. li . 
 Escot v. Laureny. 
 
 (58.) Nothing for any thing tollable brought to the fair 
 nr market to be sold, shall be paid to the owner of the fair or 
 market before the sale thereof, unless it be* by custom, time 
 
 out 
 
 * Note. By special custom toll may be due, though the 
 party do not seil. Jd:g. Bulst . 202, cites 9 H. 6 4 5, ibid. 204 
 per Coke Ph. J. Pasch . 12 . Jac. in the case of Hill v. Flanks , aha* 
 Hawks. S . V. agreed. But that cannot be when the corporation 
 is erected within time of memory. 2 Lutw. 1336, Trin. 2 Jac, 
 Eeight v. Pirn. 
 
83 
 
 out of mind used ; tvhich custom none can challenge that 
 claim the fair or market by grant within the time of memory, 
 viz. since the reign of Richard J. which is a point worthy of 
 observation, for the suppression of many outrageous and unjust 
 tolls, encroached upon the subject, to be "punished Within the 
 purview of this statute ; (3d. EJwr I. c. 31,) so note, it is better 
 to have a fair by prescription than by grant. 2 Inst. 221. 
 
 (-59.) But if a wall be made which is not defensible, nor for 
 safeguard of the people, then ought not this toll to be paid, 
 lor the end of the grant or prescription is not performed. — 
 2 Inst, 222, 
 
 ooo 
 
 2 STRANGE, 1171. 
 
 (60.) HOLLOWAY r. SMITH. 
 
 In trespass the defendant justifies a distress for toll and sets forth 
 a custom in Daventry, to hold a fair on St. Augustine's day and 
 take toll; and that Queen Elizabeth reciting all this, had 
 granted them two new fairs, one on the Tuesday after Easter, 
 and the other on St. Mather’s day, with all profits, commodities p 
 liberties , and free customs*— a i hujusmodi fcnas pertinen. On 
 demurrer the justification was held ill, for toll is not incident of 
 common right, and therefore not within the words of reference ; 
 and being new fairs, upon which no toll is granted by express 
 words, the custom cannot extend to them, so the plaintiff 
 had judgment. 
 
 (61.) The party has no remedy fur the toll if the goods are 
 carried out of his jurisdiction. Noy. 37, in Hicksmon*s Cass 
 cites 2C Uh H. VI. 
 
 ooo 
 
 July 22, 181 jr. 
 
 (62*) RECORD COURT— CARRICKFERGVS. 
 
 MARQUIS OF DONEGAL r. ROBERT MONTGOMERY. 
 
 This came on to be tried before Baron M'Clelland. It was 
 brought by plaintiff* a> owner of the markets in Belfast against 
 the defendant, for setting up another market to the injury of 
 plaintiff. 
 
 Counsellor Holmes for defendant. 
 
 It (the patentee,) gave right to enjoy all tolls, emoluments. 
 Sec, generally, but it made no specification of particular tolls 
 payable bv order *r ancient custom. Mr. Holmes produced 
 
 and 
 
and cited a case in point from Comyn’s Digest , V. 4 ,p. 183, which 
 proved, that toll was payable only on cattle and not on pro- 
 visions, in which the learned Judge appeared fully to acqui- 
 esce. 
 
 Charge by the Judge for defendant.— Verdict accordingly. 
 ooo 
 
 (63.) January 3, 1816. 
 
 ROBERT SHEA, in Replevin, ». JOHN CLAUDIUS 
 BERESFORD, Esq. and PETER DOYLE. 
 
 Mr • Smyley on behalf of the plaintiff’ said, this was an ac- 
 tion in replevin, for detaining a cart-harness, five bags of flour, 
 and one hundred weight of sugar, and the defendants suf- 
 fered judgment to go by default. It would appear that this was 
 a case where substantial and exemplary damages should be 
 given— It was absolutely necessary for the Public good that ex- 
 emplary damages would be given ; if the toll demanded in this 
 case w as paid, it would have been an exaction ; for many years 
 past the persons who formed the tolls of the City of Dublin, 
 have extracted from the Public considerable sums of money, 
 which they are neither by law nor charter entitled to, and in 
 several instances they have succeeded — because these exactions 
 have been committed on the property of the lower orders of the 
 community, who in generai are poor and illiterate persons, and 
 unable to contend ; but wherever those unjust exactions have 
 been resisted, they generally endeavoured to compromise with 
 the persons who res st their claims. The facts of the ca^e were 
 very few; in the year 1809, an attempt of this description was 
 made on the property of M . Dariey, a brewer, at Stillorgan, 
 and a so on the property of the present plaintiff ; and when the 
 then farmeis of the tolls and customs found that legal proceed- 
 ings were intended to be adopted to obtain redress, they en- 
 treated that no proceedings would be taken, but that the mat- 
 ters in dispute should be submitted to arbitration, to. which Mr. 
 Dariey, Mr. Shea, the present plaintiff', and others similarly 
 situated, consented ; and so conscious were those persons of 
 the justice of resisting the claims made, that they allowed the 
 persons claiming tolls to name the arbitrator, who thereupon 
 named one, woo, there could be no doubt, would take care 
 of the interest of the corporation, namely, the Recorder. In 
 consequence of this nomination, all the parties attended before 
 h m, w .th t fie ir law agents and witnesses, and after stat ng their 
 claim. and going into evidence on both sides, the Recorder 
 decided against their c aims, after the most mature deliberation, 
 the parties raving attended before him for three days. From 
 the year 1 609 until June last, no claim was made from any of 
 
85 
 
 the parties who had arbitrated, but in that month the carts 
 of the plaintiff were seized for toll, whereupon the carter ap- 
 plied to Mr. George Jacksort, an Attorney, who was employed 
 on the arbitration before the Recorder, and Mr. Jackson, anx- 
 ious to prevent expense, and conceiving that Mr. Beresford, 
 who now has the tolls, was ignorant of what had occurred be- 
 fore the Recorder, went to the person who had seized the carts, 
 and remonstrated with him on the illegality of the seizure and 
 the demand made, upon which he liberated the carts, on Mr. 
 Jackson’s promise of waiting on Mr. Beresford, (then Lord 
 Mayor of the City of Dublin,) and explaining to him the de- 
 cision of the Recorder; and on the following day, Mr. Jackson 
 waited on Mr. Beresford at the Mayoralty House, and in the 
 presence of a gentleman then in company with Mr. Beresford, 
 explained to him the proceedings which took place before the 
 Recorder, at which he seemed satisfied, and said Mr. Shea’s 
 carts or goods should not in future be stopped by any of his col- 
 lectors, and that what had been done was in error. 
 
 However, notwithstanding such promise, the seizure for 
 which this action is brought, was soon after made. 
 
 Tne Jury, ir, this case, gave 121. damages, and the verdict 
 has never been attempted to be set aside. 
 
 i — — — ooo 
 
 (G4.) COURT-HOUSE, KEVIN- STREET. 
 
 , March 19, 1816. 
 
 JOSEPH HANKS, Esq. ». MICHAEL SMITH. „ 
 
 Before the Worshipful Mark Hare, Seneschal of the Liber- 
 ties of St. Sepulchre* 
 
 The parties being in attendance, Mr. Hanks stated his own 
 case. He said his complaint against the defendant was for va- 
 rious extortions committed by the defendant in demanding 
 and enforcing payment of Toll on goods which ^ere not liable 
 to such exactions. On Saturday fortnight his cart w as stopped 
 at New-street, and detained tor a considerable time in the 
 street until the defendant was paid two-pence, which he (Mr. 
 Hanks) conceived he was not entitled to demand. 
 
 Christopher Byrne, being sworn and examined, said, on the 
 above day he had been stopped with his horse and cart at the 
 toll-house, New-street, and a demand made upon him by the 
 defendant for two-pence toll, which he (witness) refused to 
 pay Defendant detained him in the street better than a quarter 
 ai au hour, when he at length let him go, on his promising to 
 pay him as he returned. On his return he made another de-% 
 mand oi it, which he still resisted, when the defendant desired 
 
 him 
 
86 
 
 him to keep the two-pence as if from him (defendant), and 
 tell his master he had paid it. 
 
 Alderman Beresford (who appeared with the defendant) sta- 
 ted, that as there was no payment proved to have been made, 
 the plaintiff’ consequently made out no case; but to shew that 
 he was not afraid to meet the question in any tangible form, 
 he would join in any issue that could be devised to try the lega- 
 lity of it, and put all further contention at rest. 
 
 Mr. Hare^ said, that he sat there merely to decide pecuniary 
 differences, amounting to not more than five pounds ; the pre- 
 sent question, therefore, did not come within his jurisdiction— * 
 if the money had been paid the case would have been different, 
 for then he would be bound to give an order to have the 
 amount refunded, with costs.— The corporation of the. City of 
 Dublin have as much right to demand tolls at Cork or Belfast, 
 as they have where the toll-house is at present in New-street. 
 
 Alderman Beresford said, he was aware that his man had no 
 right to demand toll or custom at the present toll-house, it be- 
 ing in the County, for which reason he has given him instruc- 
 tions, (as may be perceived by his letter to Mr. Hanks), to 
 follow all cars to the boundaries of the city before he makes 
 any demand. 
 
 Mr. Hanks produced the letter alluded to, which was as fol- 
 lows «* 
 
 Mr. Hanks, 
 
 Sir — I have been informed by the toll-gatherer at New-street, 
 that you had refused to pay toll or custom on goods going into 
 town ; I am aware you may refuse to pay it where the toll- 
 house is, it being outside the bounds of the City. I have there- 
 fore desired him to follow your goods to the bounds of the City, 
 and there distrain them if the man refuses to pay. 
 
 If you can divise any method of trying the right, less offen- 
 sive or troublesome to you, 1 aiu ready to adopt it. — I am, your 
 obedient servant, 
 
 J. C. Beresford. 
 
 Mr. Hanks said, it was a scandalous thing that such fellows 
 as are at present employed at the toll-houses about the City, 
 should be suffered to abuse and ill-treat all persons who endea- 
 vour to resist illegal demands; for his own part, had he been 
 present when his horse was stopped, he would have felt him- 
 self justified in cutting the man's arm across. 
 
 Alderman Beresford— If you did, and the man died of a lock 
 jaw, you would be hanged for the murder, 
 
 Mr. Hanks — I don't know who you are, Sir, but perhaps, 
 you deserve to be hanged more than I do. 
 
 Mr. Hare — Gentlemen, I request you will consider this as 
 not a place to adopt any personal scurrility towards each other ; 
 
 if 
 
87 
 
 if jou cannot proceed without it r I beg that such discussions 
 shali take place outside this Court. 
 
 With regard to this summons, Mr. Hare said, he must dismiss 
 it, because no money had been taken by the toll-gatherer. 
 
 Mr. Hanks said, he was told by his man, before he went into 
 the Court, that the money was taken, or he should not have 
 proceeded in this way. 
 
 Mr. Hare said, there was another way open to him by which 
 he might obtain redress, and that was by an action for a tres- 
 pass. The subject of this toll-house ought to be taken up by 
 the inhabitants of that neighbourhood, and the toll-house itself 
 presented as a nuisance. If a car is stopped at it for toll, it 
 will naturally excite a crowd, and a crowd in so small a street 
 as New-street, would be sufficient grounds, in this instance, to 
 present the cause of it to the Grand Jury, who would be bound 
 to indict it as a nuisance. 
 
 Mr. Hanks said, he had various complaints of a similar kind, 
 but was not then prepared with the witnesses-— -the present wit- 
 ness never having driven his cart but once. 
 
 Mr. Hanks expressed his determination not to let the business 
 stop here, but on the next Court-day to sue for various sums 
 which he has heretofore paid, under the suggestion of Coun- 
 sellor Hare, to bring the case at once before the Grand Jury, 
 in order to have the house indicted as a nuisance. 
 
 - ooo 
 
 DIVISIONAL OFFICE, MO UNTRATH- STREET, 
 
 (65.) December 4, 1816. 
 
 WILLIAM DEMPSY r. ROBERT KELLY. 
 
 Mr. Crosbie, Attorney for the complainant, stated, that on the 
 28th of last month, the defendant, who is collector of tolls, sta- 
 tioned by Mr. Manderstoll farmer at Constitution-hill, top of 
 New Dominick-street, county of Dublin, demanded and took 
 from the apprentice of said Dempsy, the sum of 2d. as toll, 
 without right orjustice, and under the statute, 4th Anne, c. 8, 
 the defendant subjected himself to the penalty of 10 shillings 
 for the first offence, proved before a Magistrate, and a heavy 
 penalty for the second offence. 
 
 Mr. Manders, toll farmer, admitted the taking the 2d. and 
 that sum was not warranted, nor would he justify the defen- 
 dant’s conduct, but insisted that this (see the Act of 4th Anne, 
 c, 8, in the Appendix, which is clearly applicable to all 
 parts of the kingdom,) Act, did not. apply to the City of 
 
 Dublin; 
 
88 
 
 Dublin ; and as he did not understand Acts of Parliament, he 
 requested time, in order to consult the City, and to employ the 
 city Agent, and come prepared with Counsel, any day the 
 Magistrate would adjourn to. 
 
 Eagel examined— Is the apprentice of Mr. William 
 
 Dempsy, on Thursday the 28th of November last, witness and 
 John Darcy, were carrying between them on a bier, eight 
 window sashes ; at the head of New Dominick-street, Kei'ly ihe 
 defendant met him, and demanded 2d. toll for the sashes ; wit- 
 ness replied he had not 2d. about him; Kelly then demanded 
 h pledge for the 2d. and required witness to give his handker- 
 chief off his neck; witness replied, he would see him in the 
 Canal first; however Kelly would not suffer witness to pass 
 until he left with him one of the sashes ;— he came home, told 
 his employer, who gave witness the two pence on Saturday last ; 
 witness paid Kelly the money, and got the sash. 
 
 SirW. Stamer examined the witness to know whether Kelly 
 took the sash himself, or did witness hand it to him. 
 
 Mr. Ctosbie — That is not material ; the complaint here is, 
 not for taking the sash, it is for taking the money. 
 
 Darcy, next witness, corroborated the fawner in every par- 
 ticular. 
 
 The case on the part of the complainant being gone through, 
 Mr. Manders requested that an adjournment might take place, 
 and the case was accordingly adjourned till Thursday next, 
 when Counsel should be heard on both sides, if the corpora- 
 tion thought proper so to do. 
 
 But the case never came on again, as the defendant submitted, 
 and paid the penalty. 
 
 ooo 
 
 / • , 
 
 COURT OF COMMON PLEAS, 
 
 ( 66 . ) Saturday , May 31 . 1817 . 
 
 FRANCIS PILSWORTH AND JOHN PJLSWORTH, 
 MICHAEL LACY AND WILLIAM HENRY ARCHER, 
 Esq. as the Treasurer and Chamberlain of the Corporation of 
 the City of Dublin. 
 
 The following most respectable Jury (of whom five were 
 Freemen of the City of Dublin,) being sworn: — 
 
 James 
 
89 
 
 James Nugent, 
 
 XT 
 
 ij'i .vifd Butler, £5^. 
 James Chambers, Esq. 
 Th oinas Browne, Esq. 
 Joseph Atchesou, Esq. 
 Jt: chard Cooke, Esq. 
 
 Charles Smith, Esq.’ 
 
 Thomas Clarendon, Esq* 
 Andrew Riche v, E> j. 
 
 Thomas Locke, Esq. 
 
 Horatio Jesson, E q. 
 
 Samuel O dham. Esq. 
 
 Mr. Perrin — Gentlemen of the Jury, if this were an ordinary 
 case — if it were a mere occasional trespass, and not part of "a 
 system long pursued, I should content myself with calling he 
 witnesses, and letting them detail the circumstances of the tres- 
 pass ; b it, gentle nen, the peculiar nature of this case, the ille- 
 gal claims from which it has arisen— the outrages by which 
 thesp claims have been asserted, oblige me to go more fully 
 into the question. 
 
 The plaint Its are Mr. Fr ncis Pilsworth and Mr. John Ells- 
 worth ; one or' whom resi les at the Royal Ca.iai narbour, the / 
 other at Mullingar. They are extensive dealers, and have been 
 engaged in that bu iness a considerable time. Jn the course 
 of business they purchase corn in the market towns, upon, and 
 in the neighbourhood of the Canal, and se td it to their stores 
 in Dublin, for the purpose of veni.ng it out, or exporting it; 
 they either sell it in the Dublin market, or vend it by retail at 
 their stores, or export it. For rhe corn sold in the Dublin 
 market, thy uniformly, and without objection, paid tod; and, 
 with respect to the corn sold at their smres or exported, they 
 have been obliged frequently to pay toll to a large amount. 
 For, gentlemen, the corporation of Dublin claim to be entitled 
 t<Moll ot two kinds — toll on the sale? in market, and toll or 
 what they call custom, on what is carried to th- market, or else- 
 where, into, or thro igli ilie city. It is a curious circumstance, 
 and a circumstance which has occasioned considerable loss to the 
 plaintiff's , that, on tr ins >orting corn purchased at Mullingar , 
 which never p issed on wheel or other carriage through Dublin, b it 
 by the Canal that verges on a corner of it, to ships in the river for 
 exportation, they have been obliged to pay toll ! They felt this to 
 be a grievous extortion — they made repeated proposals to have 
 the claim amicably investigated and ascertained, determined 
 instantly to submit to it if decided against them ; but these 
 proposals were rejected ; and .t now becomes my duty to ex- 
 pose to you toe nature of the c.aim. T dls are of two kinds— 
 tolls payable on the sales at the market, to which the owner 
 ol the market is entitled, for the accommodation he affords to the 
 buyer and the-sefler for providing a place to expose articles for sale, 
 an l, if necessary, to store them. This tax is payable on tne goods 
 actually sold Til the market ; Jot, unless the article be actu- 
 ally sold, though it goes and remains in the market, no toll is 
 .payable. This toil still subsists, because, by the consideration 
 on which it was founded, the convenience afforded has not been 
 discontinued. Besides this toll, there was another ancient toll, 
 
 M called 
 
called Toll Thorough, payable on the passage of goods through, 
 or over the precincts, or any part of the precincts of corporate 
 towns. Anciently, most corporations were entitled to make this 
 charge for all goods on entering the city, whether passing 
 through, or remaining there, under the head of murage,, pont- 
 age or paveage ; and it was levied for enclosing towns with 
 walls, for paving the streets, and building and repairing the 
 biidges. The tax grew r out of the convenience and accommo- 
 dation thus afforded, and, with that accommodation, it expired. 
 Accordingly, in the reign of Queen Anne, w hen murage being 
 totally discontinued, it became the custom to pave the streets, 
 and build and repair bridges from funds raised by general taxes, 
 and these woiks were no longer at the expense of the corpora- 
 tions ; an Act of Parliament was passed, which put an end to 
 toll thorough. To shew that the claim for toll thorough is 
 commensurate with the consideration afforded, I shall cite an 
 authority. (Here the learned Counsel cited a case. Com • Digest. 
 301,) The Statute of 4th Anne, c. 8, recites. That the claim 
 of toll thorough is a prejudicial exaction, and a discouragement 
 to trade in general ; and it enacted, r Jhat no toll should be taken 
 except for articles sold in the market, and no toil thorough to be 
 claimed but where the corporation is bound to keep up a bridge 
 in fit repair, at their own costs or charges, and not at the costs 
 and charges of any county, county of a city, or county of a 
 
 t0 The great objects of this Act are salutary and obvious. Tolls 
 continued to be collected, and paid out of the pocket of the 
 subject, and applied by corporations to their private purposes, 
 though the purposes for which the tax was established ceased to 
 exist, but yet the corporations were unwilling to give up their 
 claims or relinquish their exactions, w hich they had applied to 
 very different purposes; and notwithstanding this Act of I an la- 
 ment abolishing it, many corporations, and particularly the 
 corporation of Dublin, did exact the tax. This conduct be- 
 came a very general subject of complaint, and whilst a 1 arlia- 
 
 ment was hefd in this country, frequent petitions were presented 
 
 to it on this subject, and particularly one in the year 160-, 
 against William Harvey, who is thereby complained against, 
 and stiled Scavenger of the city of Dublin. That petition was 
 presented against the Scavenger for exacting more toll than 
 he was entitled to, and therefore a report by a committee was 
 adopted by the whole House, w hich states, - That anciently no 
 toll uas taken but in market, and on market days ; but or latf., 
 toll hath been taken on every day, and at all places within the city, 
 and this extortion it expressly finds to be illegal, and unjust ; and 
 thereupon the Scavenger w r as attached by the House ot Com- 
 mons and the City appeared at the Bar by Counsel, and after 
 a full hearing, it was decided by the House of Commons, 
 
 ° THAT 
 
91 
 
 that the claim was usfounded. Six or seven other petitions 
 were presented at dnierent times, respecting this outrageous 
 claim, against the Scavenger, Sword-bearer, and others of 
 the city Officers. The House of Commons, feeling the crying 
 injustice of the claim, made examples by punishing those officers, 
 and the claims were for a time abandoned, but have been since 
 renewed. The corporation have, for the last 17 year s, gradually 
 increased their illegal claims, and of late, within the last two 
 years, they have devised a plan of evading the Statute of Anne 
 altogether, which was, by subjecting all corn that comes vv Inn 
 their precincts to their exactions. Formerly one might say, 
 this is not market-day — this is not the market-place — this corn teas 
 : neither bought nor sold in your market , and they aad no rep ‘ — 
 
 But now from every one who brings corn into, or through the 
 city, whether for sale, exportation, or private use, the corpo- 
 ration demands this illegal charge, throwing it on the party to 
 look for redress to an action. They know that in ten thousand 
 cases it will be submitted to, because no man likes co go to the 
 expense and hazard of litigation to resist it, and most persons 
 had rather submit to the loss than engage with so powerf i an 
 adversary. They acton this principle, ho ing, that after a few 
 years, if the tax should be submitted to, they may set t up as 
 an usage. But it is not merely on corn t .at they charge tel — 
 they cnarge it on almost every other amcie ; and in one arti- 
 cular instance, ol iVIr. Pjlsworth’s furniture parsing fiorn nis 
 house ill Nevv Dommick-street, to his house in the country, 
 they obliged him to pay toll for it. 
 
 Gentlemen, Air Pilsworth felt this to be a grievous extor- 
 tion. He is not litigious He had no wish to contend with 
 the corporation in an action at law. The toll gathvrei was 
 summoned before the Magistrates, themselves members yf rhe 
 corporation, under the Statute of Anne, and in one particular 
 instance, when the penalty brought for the exiott> r m was ten 
 shillings, the prosecutor was bought off. The toll fa. cr c im- 
 pounded the matter in private, paying a large sum to preveiJ an 
 adjudication against the claim. Mr. Pilsworth did ail in his 
 power to try the question without going into the sup' > »r 
 courts; he told them, that if they shewed the Recorder s opinion in 
 favour of their claim , he would submit he told them if they De- 
 duced the Charter, warranting their claim, he 'would submit — \e 
 offered to select me lawyer, a nd let them select another, and to 
 leave the matter to their decision. The committee of tolls would 
 come into no terms. 
 
 On the 30th of Auguss last, Air. Pilsworth sent his dray into 
 town with butter, corn and potatoes ; five barrels of the. corn 
 happened to have been fora freeman, who purchased it at Mr. 
 Piisworth’s stores; some of it was for a gentleman in Don-iy- 
 brook, and the othe'r articles had been sent along the Canal by 
 
 a noble- 
 
92 
 
 a nobleman, from his seat in the country to his house in town ; 
 on passing New Dominick-street, where, in fact, there is no 
 toll-heu.-e or toll- board, seven or eight men rushed out of a 
 public-house, some of them armed with pistols, and others with 
 bludgeons ; they laid hold of the horse, collared the driver, and 
 demanded loiL. — He asked what it was, and, said he was willing 
 to pay any charge that was reasonable or fair; he said he un- 
 derstood a farthing a sack was the fair charge, and that he was 
 willing to pay it; and he produced three pence the amount of 
 the toll, which vvouid have been payab e if the articles had 
 been sold in market. This they instantly refused, and they 
 assaulted and knocked down the man, Mr. Pilsworth happened 
 to be coming up at the time by mere accident; he stopped to 
 inquire the cause of the riot, when lie was also assailed, and 
 one of these ruffians put a cocked pistol to h:s breast, and threat- 
 ened to shoot him. Happily Mr. Pilsworth was more cool 
 than the leaders of this lawless! gang, borne of his men hear- 
 ing of the riot, ran down from his stores; and how did he act? 
 did he resist Jid he repel violence by force r — No, lie told 
 his men that it was an illegal outrage, and that he would ap- 
 peal for redress and protection to the laws of the iand ; and he' 
 charged them, as they va ued their places in h s employment, 
 to return immediately to the stores and not to interfeie. We 
 will clearly prove that this corn uas never brought to the Dublin 
 TRurket ; — never was bought or sold there ; — and by the established law 
 of the land , it was not liable to any toll , It was a piths expres- 
 sion of Lord Chief Baion C’oniyn, that the King ctird t grant a 
 toll for goods not brought to market ; but though the King can't 
 grant it, the corporation demand it. We w.il piove that they 
 have done so with violence and outrage, and it Mill be for you 
 to say, whether they .-hall continue to do so wiih impunity. — 
 Your verdict, gentlemen, will shield your fellow- citizens from 
 imposition and injustice, or it will arm the corporation with 
 powers which the >aw never gave. 
 
 Gentlemen, we lodged examinations for the assault, and then 
 the man behind the curtain, appeared and proposed to adjust 
 the matter and ascertain the claim without delay, provided Mr. 
 Pilsworth gave up the prosecution, lie did so; but no step 
 was taken to shfew or ascertain the right ; and at length -eeing 
 no hope of red re .-s by other means, he then instituted an action 
 in the Court of exchequer, against Alderman Beresfurd, vvlio 
 was the toll- farm e —-against A derman Archer, w ho was trea- 
 surer of the corporatioi — md against Michael Lacy the col- 
 lector We ii.ed our declaration in the Court of Exchequer, 
 early in Michaelmas Term last; they went into that Court 
 behind our back, and without serving any notice, on the last 
 day of that term,— -they asked time t<> plead, and the Court 
 granted thorp time till Hilary Tenp. On the first day of that 
 
 term, 
 
 • *• 
 
93 
 
 term, they made a similar application for fu;ther time, without 
 giving us notice of their intention. They had Counsel who 
 strongly pressed the Court to grant their application, and the 
 Court was inclined to do so. Counsel for Mr. Pilsworth, re- 
 sisted the application, stated the entire circumstances at full, 
 and pressed on the Court the extreme hardship of the case. The 
 corporation still pressed their application ; various pre- 
 tences were urged — that the Recorder required time — that 
 the Charter was long, and that they were a corporation whose 
 rights were invaded. These pretences prevailed, and the Cor- 
 poration got further time till the end of that term ; that time 
 had nearly expired, and they came into Court again to make 
 another application, AND, THE NOTABLE GROUND ON 
 WHICH THIS APPLICATION WAS MADE WAS, THAT 
 THEY COULD NOT FIND THE CHARTER UNDER 
 WHICH THEY CLAIMED AND HAD EXACTED THE 
 TOLL. 
 
 Gentlemen, I have to inform you, that the Court granted this 
 application also. It was resisted by Counsel, oil behalf of Mr. 
 Pilsworth, who thereupon seeing no prospect of a termination 
 of litigation there, asked from the Court, leave to go out of it. 
 After some hesitation and opposition, the Court allowed us to 
 discontinue our proceedings there without payment of costs to 
 the opposite party, and thus, Gentlemen of the Jury, my Cli- 
 ent, seeking for redress with law, justice, and truth on his side, 
 had the satisfaction of being engaged in litigation, from the 
 month of August to the month of April, without making anv' 
 progress in his cause. lie was advised to institute a fresh action 
 in another Court — he did so — in the Court of Common Pleas, 
 and the corporation attempted to practice the same imposition 
 on that Court which they had played off so often and so suc- 
 cessfully, in the Court of Exchequer, and without serving anv 
 notice on Mr. Pi IwOrth’s Agent, they, at the latter end of the 
 last term, asked time to plead. 
 
 The Court of Common Pieas asked, whether they had served 
 notice, and on finding no notice was served, they refused to en- 
 tertain the application ; they refused to make an ex parte order 
 behind the back of the opposite party. Disappointed in this' 
 attempt, they then served a notice of a motion tor time till the 
 first day of the ensuing term. We were prepared to resist that 
 , application, but no such motion was ever made, and we ac- 
 cordingly and regularly marked our judgment. Gentlemen of 
 the Jury, after their various applications, after a delay of 
 nearly a year, after annoying us by every species of unfair op- 
 position, after every attempt to defeat the ends of public justice, 
 after driving us from the Police Office into the Court of Ex- 
 chequer, and out of the Court of "Exchequer into the-Court of 
 Common Pleas, here at length they stand before you , confessing 
 the aggression and the wrongs of which we complained ! 
 
 I would 
 
94 
 
 I would not have adverted to these circumstances, but that f 
 know the question of right will be brought in, however irregu- 
 larly, directly *>r indirectly, on the other side, because I have 
 lately read a proclamation by the* Lord Mayor, Sheriffs, and 
 Toll Committee ot the corporation, stating, that judgment was 
 obtained against them by default, but that they would not sub- 
 mit, and that the question ot right was not decided; but ha\e 
 we not been anxious from the commencement to have the ques- 
 tion of right decided, or did we not press and court mvestiga- 
 ° tion f 
 
 * A copy of that Corporation 'Manifesto is annexed— 
 that it is false, is proved by this fact — that Messrs. Piisworth 
 aliened the taking to have been in the City, so that if there was 
 anu 'doubt the danger was the plaintiffs, for they alleged the 
 taking to be in the City. If it turned out upon investigation 
 to b umthe County, they would have been nonsuited. Besides, 
 which, it is to be understood, it was so cleariy inside the Cit ) 4 
 there could not be any doubt ot the boundaiy. 
 
 . ooo 
 
 CITY ASSEMBLY-HOUSE, WILLIAM-STREET. 
 
 TUESDAY, MAY 27 , 1817 . 
 
 The Lord, Mayor, Sheriffs, and the rest of the Committee of 
 Tolls and Customs , having read in several papers gross libels. 
 against the Corporation of Dublin, for levying Toils and Cus- 
 toms, alleging it was ROBBERY, and stating, that they had 
 abandoned their right to such tolls and customs, by having siffered 
 judgment to go by default in the Court of Common Pleas, tee it 
 then imperative duty to caution the Public not to be misled 
 by such unfounded and malicious publications. 
 
 The action so alluded to having been brought in consequence 
 of their tenant levying toll in Upper Dominick-street, on 
 investigation it was found, that he had taken such toll at a 
 place so near the bounds of the City and the County, that a 
 doubt might arise in which county it had been taken, and 
 Therefore the Corporation did not persevere in defending that 
 action, as the question of boundary was doubtful. 
 
 But the Public are hereby informed, that the Corporation ot 
 Dublin are determined to enforce their right to the tolls and cus- 
 toms, which have been paid from time immemorial, have been 
 established by the finding of a special Jury, recognised by lar- 
 liament, and out of which they pay Two Thousand Pounds a 
 year , towards the paving of Dublin, thereby relieving their bEL- 
 Low- C itizens front an additional paving assessment. 
 
 By order of the Committee. 
 
 ALLEN & GREEN, Secretaries. 
 
95 
 
 Vionr But they have no right, and they know it — they 
 have no Charter, and they know jt. Every effort to have 
 the matter decided without trouble, and without litigation, was 
 made upon our part, and resisted on theirs. WE OFFERED 
 TO ABIDE THE OPINION OF THE RECORDER.— WE 
 OFFERED TO SUBMIT TO THE DECISION OF TWO 
 LAWYERS.— WE OFFERED TO ABIDE BY THE FAIR 
 MEANING OF THE CHARTER ; — BUT ALL THESE OF- 
 FERS WERE REFUSED, and here they stand before you, ac- 
 knowledging the aggresion — and without an excuse for their 
 gross and illegal extortion. Is it then too much for me to 
 hope, that you, as conscientious and honest men, will give such 
 a vefdict as will, in som'e degree, compensate my Clients for 
 the injuries they have received*, ami the expense they have 
 been put to, and will at the same time warn these gentlemen 
 how they proceed in acts of outrage and exlortion. 
 
 Gentlemen, Mr. Pilsworth demands not from your hands any 
 vindictive damages ; hut at the same time, you will take into 
 consideration, that though in the present instance they only 
 took a small quantity of his property ; that similar extortions 
 have been a thousand times repeated on him. You will recol- 
 lect, that Mr. Pilsworth, whom they have so ill treated, pays 
 tolls to the amount of 3001. a year to the corporation.* You will 
 weigh all the circumstances — you will consider his conduct and 
 his sufferings, and, no doubt, your calm and honest verdict will 
 protect the subject, and vindicate the law. — Uentiemen, one 
 word moreon this proclamation of the City Assembly House, as 
 it is announced. It is stated in that proclamation, that the corpo- 
 ration pays two thousand pounds a year towards paving the City 
 
 * It is to be remarked, that Mr. Perrin speaks of the toll 
 merely upon the corn brought to Dublin; but the amount of 
 the toll paid upon the goods to and from Dublin, through 
 Messrs. Pi-swortlis* establishment, far exceeded 800i. a year ! ! ! 
 To put an end to this imposition, and to relieve the persons 
 who entrust their goods to their care, from the payment of such 
 an immense and illegal charge, was their sole object. It can- 
 not be too often repeated, that Messrs. Pilsworth offered on 
 their part, and on the part of their country friends, to submit 
 the ascertaining the rights of the corporation to the opinion 
 and decision of even the Recorder — an able lawyer — their oivu 
 officer. This offer is an high but merited encomium on the 
 Recorder. Messrs. Pilsworth knew that the corporation could 
 not impose on him — and that he would not allow them to im- 
 pose on the Public. Their refusal of that offer speaks for itself. 
 Counseller Perrin says further, “ They have no Right, and 
 they know it.*— They have no Charter, and they know it,’* 
 
 i 
 
96 
 
 of Dublin. I deny it — they are bound, and ought to pave their 
 market- — they are also bound to pave before the Mayoralty 
 House, and their other possessions, exactly as other owners 
 are — they are bound also to cleanse the streets leading to their 
 markets, of which they get the profits ; and you will find that 
 by the Statute, they are bound to pay 20001. not for paving, 
 but for cleansing the streets, and that they do not contribute 
 tawards the paving but as other owners of property — nay, not 
 so much, only 350l. Mighty contribution ! Mighty relief 
 the inhabitants of Dublin ! This is the thousands which they 
 pay to the Commissioners of Paving. Gentlemen, I trust you will 
 pay no regard to that proclamation — its assertions are un- 
 founded and absurd— it asserts, that they y ielded in this case, 
 because the question of boundary* was doubtful. See what 
 truth, what foundation there is for this flimsy pretext. The 
 Learned Assessor will sanction me when 1 tell you, that if the 
 taking was not within the City, where we hare laid the venue, we 
 should on a trial have been nonsuited, and that if w e had set up 
 any objection to their proceeding on the ground of boundary, 
 that we should have furnished them with complete defence to 
 the action. Gentlemen, they did not defend the action, because 
 they had no defence, no right, and they have issued this pub- 
 lication to affect this inquiry, to blind yon and lead you to be- 
 lieve that they have been irregular, but not altogether illegal ; 
 that though they have overstepped a little, they are not to be 
 treated as extortioners, but the Plaintiffs merely compensated 
 as for a trifling irregularity or excess in asserting a well found- 
 ed claim. Gentlemen, they have no bight, no colour or 
 
 RIGHT, AND THEY ADMITTED IT BY THEIR DETAULT. They are 
 
 charged with a gross outrage, an unfounded and violent extor- 
 tion and seizure of the plaintiT's property — and their guilt is- 
 confessed on the face of Thu recokD ; and it is for you to say, 
 what compensation my Client is entitled to. That compensa- 
 tion is not to be limited to the quantity of grain illegally taken 
 out of the plaintiff's sacks. You must look to the outrage 
 committed — to the system of oppression and imposition — to 
 ihe loss my Clients suffered in this long course of litigation— to 
 their threats of future persecution. You will award the stini 
 they are entitled to. It is for you to save the citizen from ex- 
 tortion, and the law from violation and contempt, it is for 
 you to say, that the law sleeps not when the poor man demands 
 relief; but that its even and impartial hand protects with equal 
 regard, the rich man and the poor. 
 
 Michael Dalton, examined by Mr. Finlay.— -Witness remem- 
 bers the monrh of August last year; witness is in the employ- 
 ment of Mr. Pilsworth; remembers having passed driving a 
 cart at that time, through New Dom: nick-street ; there were 
 oats, potatoes, and butter in the cart. Witness was stopped in 
 
 the 
 
97 
 
 the street by Michael Lacy, a man of the name ©f Thomas 
 Butler, and other persons came up to him ; there were six or 
 seven persons; Butler had a stick and a pistol; saw no oilier 
 person armed ; Butler came up to witness, and said, if he did 
 not let go the horse he would shoot him, he then dragged him. 
 oh the horse ; they then tolled the sack and took corn out of 
 it; they made a demand on witness for toll ; witness offered 
 them a farthing a barrel ; they demanded more ; he does not 
 rec » iect whettier it was two ponce or three pence per barrel 
 the; demanded; they took money from witness’s companion; 
 they said it was toll for tiie corn, potatoes, and butter; they 
 took twelve or fourteen pounds of corn in all ; Butler pushed 
 and dragged him, and punched him with a pistol, the other 
 man was knocked down ; they took the horse and com from 
 him. 
 
 Cross-examined by Mr. Striven.—' There was but one cart, 
 and it was attended by two men more and witness; one man is 
 sufficient to drive one cart ; witness brought the two other men 
 as he vvas determined to force, his way ; he was ordered to pay 
 a farthing a barrel, and not more. The mao knocked down 
 was flogging the horse before he was bandied ; witness had 
 hold of tne head of the horse, and others laffied him on; wit- 
 ness don’t know what else they did. Ttiere was no one with 
 Lacy when the hor^e stopped ; witness intended to do the best 
 he could to drive the hor.e through ; in passing, the cart might 
 have gone over witness as well as Lacy ; witness can’t say how 
 long he was detained ; he went with the rest of his load where 
 he was ordered; the remainder of the articles were not hurt. 
 
 Re-exammed — Witness had no directions to resist the tax by 
 force; he would, no dwubt, drive through if he could, but he 
 got no directions to use violence- — don’t know whether it is 
 usual to pay toll there. 
 
 David Nugent, Esq. examined by Mr. Perrin. — Witness re- 
 collects walking with Mr. Pi is worth’s brother, on the Royal 
 Canal, in the month of August — saw a crowd in Dommick- 
 street ; was curous to know what it was abnu.— he and Mr. 
 Pilsworth went down where the crowd was assembled — Thomas 
 Butler came up to Mr. Pils worth, and asked him, did he know 
 him ? Pilsworth answered that he did noi— “ No matter,” re- 
 plied Butler, “ I know you, and by this and that I have a mind 
 to shoot you!” — Witness saw Butler strike Mr. Pilsworth’" man 
 in the mouth, and cut him— Butler said he was the King’s 
 officer, and could do what he pleased ! 
 
 Andrew Farrell, Esq. examined by Mr. Finlay — recollects 
 the evening that Mr. Pilsworth’s dray was stopt in Dominsck- 
 street — was present, and heard the very words expressed by 
 Bytler, as sworn by the last witness; witness also saw Butler 
 ^ N pursuing 
 
08 
 
 pursuing a young gentleman, with a pistol in his baud — he also 
 threatened witness, and gave him insolence. 
 
 The plaintiffs* Counsel gave in evidence the certificate of the 
 late Lord Mayor, Alderman Shaw, which states, that Lav,y 
 acted for the corporation of DuDlin, and that, they were ac- 
 countable for all acts of his in his capacity as toll collector. 
 
 Here the plaintiff's closed their case. Mr. Scriven, for the de- 
 fendants, observed, that he meant to trouble the Jury but very 
 shoitly. He said, they were hound todismiss altogether from 
 their consideration, all corporate acts of Lacy. So far as 
 Dutler was concerned, they were sworn to find a verdict 
 upon credible evidence, and noton the statement of Counsel ; 
 and what he asked was the evidence which bad been brought 
 forward. The witness, Dalton, has sworn that he was directed 
 to force his way wthout violence. I am willing to give the 
 plaint. tfs the full benefit of his testimony. 1 am willing to ad- 
 mit that he was not desired, nor instructed by the Messrs. Pils- 
 worth to use force or v ole nee ; but it is betore you that he of- 
 fered a farthing for each sack of corn, and that on this being 
 refused, ne attempted to force his way 
 
 We are willing, (continued Mr. Scriven) to admit, that the 
 trespass here complained *of was committed. The toll was 
 taken, and if you please to have it so, ir was taken by force, 
 and without right ; and the question which you have to try 
 is simply this — the amount of the damages sustained by 
 Messrs. Pilsworth. You have been told, that not only in this 
 ca t*, but in a thousand sim; :ar cases, toll has been illegally 
 and unjustly exacted fr> m the plaintiffs. Are you prepared to 
 say, the v were illegal exactions? In the present case we can- 
 not contend the question of right. We do admit that we 
 have acted illeg \lly-*— it is so confessed; but is it because 
 w h..ve been illegal hert-^ioes it follow that in ail other 
 cases w»- have acerl illegally r is it law, or justice, or common 
 seme, that you should muxt the defendants not only in da- 
 mages sustained by the plaintiffs, under the circumstances 
 b fore you, but in every case where toll heretofore was de- 
 manded by the corporation, and submitted to by the plain- 
 tiffs. 
 
 Gentlemen, it has been said that this was an unfounded claim 
 of the corporation, but I say it was not an idle claim , it was a 
 claim founded on authority ; it was a claim which was often 
 submitted to by the present plaintiffs; but in this -particular instance 
 1 must admit, that my Clients had no right to demand toll — 
 J3ut to this point v wur verdict ought in justice be confined ; 
 you are to give damages for the corn seized by the defendants ; 
 bin further than this you should not go. The learned gentic- 
 concluded an animated speech,^ hv cautioning the Jury 
 
t 
 
 99 
 
 from being led away by the eloquent and forcible statement 
 of Mr. Perrin. 
 
 The defendants not having called any witnesses, 
 
 Mr. Hlband, who acted as Assessor to the Sheriffs, charged 
 the Jury. He said, that this was a question of Great Import- 
 ance, and of vast Pu blic Interest — that the defendants hav- 
 ing let judgment go against them by default, the Jury were 
 bound to give some damages to the plaintiffs ; and the only 
 question they had to decide was, what the amount of those da- 
 mages ought to be. Here it appears, that the actual property- 
 taken was 1 4-lbs. of corn ; but, gentlemen, you are by no means 
 continedto the actual damages sustained, and, in my opinion, you 
 should not confine yourselves to r7.— And were the piamtitis per- 
 sons who were unacquainted with the City, and ignorant of 
 the claims set up by the corporation to tolls, I would be inclined 
 to give them not only heavy, but exemplary damages; be- 
 cause the conduct of the persons employed to exact this toll, 
 was most improper, and tbe outrage they committed was shock- 
 ingly disgraceful. Under all the circumstances of the case, it is 
 for you to see how much damages the plaintiffs ought to be 
 awarded, for some damages they must receive from your hands. 
 Mr. Perrin stated his Clients’ case ably, and most ably — and 
 were you to be governed by the statement of Counsel, 1 con- 
 fess, after the impression he must have mad£, I know not how- 
 far your verdict might not extend ; but’this is a question which 
 you are to determine by other rules, and uijffer the advice of 
 the Sheriff^ I leave the question of damages to be awarded 
 entirely to your owu discretion. 
 
 The Jury retired for about twenty minutes, an 1 brought in 
 a verdict — Fifty Pounds Damages and Costs. 
 
 Counsel for the plaintiffs— Louis Perrin and Joh.i Finlay, 
 Esqrs. — Agent, Mr. James Crosbie, 59, Jervis-street 
 
 Counsel for the defendants — Messrs, .Scriven and Hamilton* 
 — Agent, Mr, Greene. 
 
 A DOCKET 
 
DOCKET OF THE CUSTOMS 
 
 OP THE 
 
 GATES BELONGING TO THE CITY OF DUBLIN. 
 
 - 000 - 
 
 At a Post- Assembly held at the Tholsel of the City qf Dublin , on 
 Monday the 13 th of June , 1763, the following Order was con- 
 ceived t relative to the undermentioned Docket, to wit - 
 
 That from and after the 24th Day of Jane, 1763, all Goods 
 an.! Merchandises, that are really the property of anv Free- 
 man of this City? do pass Custom Free, into and out of the 
 City, provided such Freeman do certify to the Collectors of the 
 Customs, the quantity and qualify of such Goods, and that they 
 art his property; that if any F.eeman of this City shall pre- 
 sume, after the said 24ih of June, to certify that any Goods are 
 his property which are actually the property of any other per- 
 son not Free of this. City, in order to defraud this City, or their 
 Farmers, of the Customs of such Goods, such Fieeman to be 
 proceeded against by the City Agent, as Mr. Recorder shall 
 adv se, in order to his being disfranchised tor such baud and 
 breach of oath.’* 
 
 “ And it is further ordered — That from and after the said 
 24th day of June, all Raw Hide's going out of this City, to any 
 of the adjacent Liberties £o be Tanned, shall be free from Cus- 
 tom going out; that Bark going out of any of the adjacent 
 Liberties, to be made u^e of for Tannmg, shall likewise be 
 free ; that all Irini g dug out to the several Mi. Is near the City 
 to be manufactured, and returning to this City manufactured, 
 shall be likewise fiee from Custom; that all Salt, manufac- 
 tured in Ireland, shall be free from any Custom ; that all Goods 
 go ng to be manufactured, and the materials made use of therein, 
 shall be fiee from Custom, if tiny are returned to this City 
 manufactured ; and that the Committee be empowered to re- 
 gulate the Docket accordingly ,** 
 
 ' Of 
 
 / 
 
101 
 
 A 
 
 ' , 
 
 Of every Sack of Ashes, one halfpenny. 
 
 every Car load of Apples, or other Fruit, two pence; 
 every Horse load ditto, one penny, 
 
 everyFlasket ditto, on one Car, one halfpenny, not exceed- 
 ing the price of a Carload. 
 
 every Barrel of Ale coming in, brewed without the City or 
 Liberties adjoining, two pence. 
 
 B 
 
 Of every Tub of Butter, one penny. 
 
 every Crock or Basket of ditto, containing ten pounds or up- 
 wards, one halfpenny. 
 
 every load of Deal Boards, exceeding six, one penny, 
 every load ditto, under six, one halfpenny, 
 every Car load of Brushes, two pence 
 every Horse load ditto, one penny, 
 every Back load ditto, one halfpenny, 
 every Horse load or Car load of Bed-Mats, two pence* 
 every Back load ditto, one penny, 
 every Barrel of Bark, one halfpenny, 
 every Sack of Green Beans or Peas, one halfpenny, 
 every Bull, Bullock or Cow, one penny, 
 every Sack of Button Moulds, two pence, 
 every Flitch of Bacon, one penny* 
 every Car load of Brooms, two pence, 
 every Horse load of Brooms, one halfpenny, 
 every Car load of Brandy or other Spirits, three pence, 
 every Runlet ditto, on one car, one penny, not exceeding 
 the price of a Car load. 
 
 every dozen ditto, one penny, not exceeding the price of a 
 Car load. 
 
 every Pedlar’s Box carried on his back, one halfpenny. 
 
 every Car load of Brass, three pence. 
 
 every Horse load ditto, two pence. 
 
 every single Brewing Pan, two pence. 
 
 every Car load of Baskets, two pence. 
 
 every Car load of Boymore, two pence. 
 
 • every Car load of Bent, one halfpenny, 
 every Sack of Brogues, one penny. 
 
 every Car load of Bays, Serges, Frizes, Stockings, &c. three 
 pence. 
 
 every pack of Flannel, two pence. 
 
 every Bundle ditto, one penny. 
 
 every Horse load of Frizeg, Serges, &c. two pence. 
 
 every Car load of Heel Blocks or Patten Boards, two pence. 
 
 every Car load of Bulrushes, two pence. 
 
 every Back load of ditto, one penny. 
 
 Of 
 
102 
 
 Of every Car load of Brussels, three pence, 
 
 every Piece of Buckram, one penny. * 
 
 every Horse load of Earthen Ware, one penny. 
 
 every Car load ditto, three pence. 
 
 every Bedstead, one halfpenny. 
 
 every Dozen of Barrows, one penny. 
 
 C 
 
 Ot every Car load of Cheese, three pence, 
 every Hundred weight ditto, one penny, not exceeding the 
 price of a Car load, 
 every Horse load ditto, two pence, 
 every Calf, one halfpenny, 
 every Car, to be sold, one halfpenny, 
 every Kish of Charcoal, three half-pence, 
 every Horse load of Charcoal, one halfpenny, 
 every Car load of Candles or Soap, three pence, 
 every Horse load ditto, two pence, 
 every large Hair Cloth, one penny, 
 every Car load of Cradles, two pence, 
 every Car load of Chairs, two pence, 
 every Dozen of Chairs, one penny, 
 every Bag of Corker, one penny, 
 every Sack of Collins, one halfpenny, 
 every Car load of Cyder, three pence, 
 every single Dozen ditto, on one Car, not exceeding the 
 price of a Car load, one penny, 
 every Kish of Kilkenny Coal, one penny, 
 every Dozen of Woollen Cards, one penny, 
 every Hundred of Cony fell, one penny, 
 every Barrel of Corn, as Wheat, Oats &c. one farthing# 
 
 E 
 
 Of every Horse load of Eggs, one penny, 
 every Clieve load ditto, on Backs, one halfpenny. 
 
 F 
 
 Of every Horse load of dead Fowl, two pence. 
 
 every Clieve of Chickens, carried on Backs or Arms, one 
 halfpenny. 
 
 every Dozen of dead Fowl, on one Car, one penny, not ex- 
 ceeding the price of a Car load, 
 every Car load ditto, three pence, 
 every Horse load of Fish, one penny, 
 every Car load ditto, two pence, 
 every Salmon, one farthing. 
 
 every small Basket of Fish on one Car, one halfpenny, not 
 exceeding the price of a Car load. 
 
 Of 
 
/ 
 
 103 
 
 Of every Trail of Figs or Raisins, one halfpenny, 
 every Horse load of Feathers, two pence, 
 every Car load ditto, three pence. 
 
 G 
 
 Of every Crib of Glass, two pence, 
 every Back load ditto, one halfpenny, 
 every load ol Grass, one farthing, 
 every Goat or Kid, one farthing, 
 every Gage of all sorts, two pence. 
 
 All manner of Grain, per Barrel, one farthing. 
 
 H 
 
 Of eyery Bag of Hops, three pence, 
 every Pocket of Hops, two pence. 
 
 every small parcel ditto, on one Car, one penny, not ex- 
 ceeding the price of a Car load, 
 every Hofse load of Hats, three pence, 
 every Back load ditto, two pence. 
 
 every dozen of Hats, on one Car, one penny, not exceeding 
 the price of a Car load. 
 
 every Cow or Bullock Hide, tanned or untanned, one half- 
 penny, not exceeding sixpence in the whole, on one Car. 
 every Car load of Herrings, four pence, 
 every Barrel ditto, two pence. 
 
 every Mease ditto, on one Car, one penny, not excetding 
 the price of a Car load, 
 every Ilog or Pig, one halfpenny, 
 every sucking Pig, one farthing, 
 eveiy load of Broad Hoops, two pence, 
 every load of small Hoops, one penny, 
 every load of Hay, one farthing, 
 every Firkin or Runlet of Honey, one penny, 
 every Crock of ditto, one halfpenny, 
 every Car load ot Horns, three pence, 
 every Bag of Hairsell, one penny, 
 every Cart of Hay, one penny. 
 
 I 
 
 Of every Car load of Iron, three pence, 
 every Horse Back load ditto, two pence, 
 every Bar ditto, on one Car, one halfpenny, not exceeding 
 the pri ce of a Car load. 
 
 every Bundle of Nail Rod Iron, one halfpenny. 
 
 Rod Iron per Hundred Weight, on one Car, one penny, not 
 exceeding the price of a Car load, 
 every New Iron Pot, one halfpenny, 
 every Bar of old Iron, one halfpenny, 
 pyery Car load of Iron Mine, one pennv. 
 
 Of 
 
104 
 
 Of every Hundred of Horse-shoes, and Cart Clouts, three far- 
 things. 
 
 every Hundred of Iron Shovels or Spades, three halfpence, 
 every Car load of Iron Pots, three pence, 
 every Horse load ditto, two pence, 
 every Hundred Trips and Brand Irons, one halfpenny, 
 every Dozen of Griddles, one penny, 
 every Car load of Nails, three pence, 
 every Horse load of Nails, twopence, 
 every Hundred Weight ditto, on one Car, one penny, not 
 exceeding the price of a Car load, 
 every Hundred Weight of wrought Iron, on one Car, one 
 penny, not exceeding toe price of a Car load. 
 
 K 
 
 Of every Keeve, one penny. 
 
 L 
 
 Of every Car load of Lead, three pence. ' 
 every Lamb, one farthing, 
 every Car load of dressed Leather, six pence, 
 every Horse load ditto, three pence, 
 every Leaden vessel, one penny. 
 
 M 
 
 Of every Car load of Merchant’s Goods not herein particu- 
 larly specified, being the property of one person, three 
 pence. 
 
 every Horse load ditty, two pence. 
 
 every Bundle ditto, or what a roan carries under him, one 
 penny. 
 
 every Barrel of Malt, one farthing, 
 every Mill Wheel, two pence, 
 every Mill Stone, three pence, 
 every Barrel of Meal, one halfpenny. 
 
 N 
 
 Of every Car load'of Nuts, three pence, 
 every Hitfse load ditto, two pence, 
 every Bag ditto, one halfpenny. 
 
 O ” 
 
 Of every Hogshead of oil, three pence. 
 
 every Runlet ditto, on one Car, one penny, not exceeding 
 the price of a Car load, 
 every Barrel of Oil, twopence, 
 every Car load of Oysters, two pence, 
 every Horse load ditto, one penny, 
 every Car load of Onions, three pence, 
 every Horse load ditto, two pence. 
 
 Of 
 
ios 
 
 Of every Flasket ditto, on one Car, otie halfpenny* not&xceed* 
 ing the price of a Car load. 
 
 P 
 
 Of everv Sack of Potatoes, one halfpenny* 
 every Car load of Pester, threepence, 
 every Horse load ditto* two pence, 
 every Carload ot Paper, three pence, 
 every Horse load ditto, two pence* 
 every Car load of Plants, one halfpenn}^ 
 every Barrel of White Peas, one farthing* 
 every Barrel of Pitch or Tar, twopence. 
 
 R 
 
 Of every Car load of White Rods, two pence* 
 every ditto Green, one penny, 
 every Barrel of Rape-seed, three halfpence, 
 everv Horse load of Rabbits, two pence* 
 every Dozen ditto, on one Car, one penny, not exceeding 
 the price of a Car load, 
 every Car load of Rushes, two pence. 
 
 S 
 
 Of every Barrel of Salt, two pence* 
 
 every Hundred Weight ditto, three farthings, 
 every Car load of Sheep Skins, thiee pence, 
 every Horse load ditto, two pence. 
 
 every Dozen ditto, on one Car, one penny, not exceeding 
 the price of a Car load, 
 every Horse Skin, one farthing 
 every Car load of Lamb Skins, three pence, 
 every Horse load ditto, two pence. 
 
 every Dozen ditto, on one Car, one farthing, not exceeding 
 the price of a Car load. 
 
 every Car load of Slink Lamb Skins, or Kid, two pence, 
 every Horse load ditto, one penny, 
 every Back load ditto, one halfpenny. 
 
 every Dozen ditto, on one Car, one farthing, not exceeding 
 the price of a Car load, 
 every Car load of Calf Skins, three pence, 
 every Horse load ditto, two pence. 
 
 every Dozen ditto, on one Car, one penny, not exceeding 
 the price of a Car load, 
 every load of Barrel Staves, one penny, 
 every load of Straw, one farthing, 
 every Car load of Rabbit Skins, three pence, 
 every Horse load ditto, two pence, 
 every Man’s Back load ditto, one penny* 
 
 o Of 
 
Of every Dozen ditto, on one Car, one halfpenny, not exceed- 
 ing the price of a Car load, 
 every Sheep, one farthing. 
 
 every Dozen of Stockings, on one Car, one penny, not ex- 
 ceeding the price of a Car load, 
 every load of Silver Mine, three pence, 
 every load of Flag Stones, one penny, 
 every load of Slates, one penny, 
 every load of Marble Stones, two pence, 
 every load of Grinding Stones, one penny, 
 every Car load of Bazils or Pelts, three pence, 
 every Horse load ditto, two pence. 
 
 every Dozen ditto, on one Car, one farthing, not exceed- 
 ing the price of a Car load. 
 
 T 
 
 Of every Hogshead of Tobacco, three pence, 
 every Horse load or Back ditto, two pence, 
 every single Roll ditto, on one Car, one farthing, not ex- 
 ceeding the price of a Car load, 
 every Hogshead of Tallow, three pence, 
 every Barrel ditto, two pence. 
 
 every Cake ditto, on one Car, one halfpenny, not exceed- 
 ing the price of a Car load, 
 every load of made Timber Ware, twopence, 
 every load of Timber, one penny, 
 every load of Tazels, two pence, 
 every Back ioad ditto, one penny. 
 
 every Cart load of Turnips, Parsnips, and Carrots, one 
 halfpenny. 
 
 every Car load of Trees, two pence, 
 every Horse load ditto, one penny, 
 every Back load ditto, one halfpenny, 
 every T’.mbei Stutch or Chest, one penny, 
 every load of Tin, one penny. 
 
 W 
 
 Of every Hogshead of Wine, three pence, 
 every Horse load ditto, two pence, 
 every single Hamper ditto, two pence, 
 every Dozen ditto, on one Car, one penny, not exceeding 
 the price of a Car load, 
 every Runlet oi Wilie, one penny, 
 every Pack of Wool, threepence, 
 every Hoi~e load ditto, two pence. 
 
 every Pocket ditto, on one Cor, one penny, not exceeding 
 the price of a Car load, 
 every Car load of Wadd, three pence. 
 
 Of 
 
107 
 
 i 
 
 * 
 
 - 
 
 A 
 
 * 
 
 
 Of every Hundred of Bees’ Wax, three pence 
 every Car load of Worsted, three pence, 
 every Horse load ditto, two pence/ 
 every Hundred of Yarn, one penny. 
 
 N, B. Ail Goods coming in for private Use, to be exempted 
 from Custom. 
 
 Examined by 
 
 ALLEN and GREEN, Town-Clks. 
 
 — ooo 
 
 The Docket of Toll of every single Barrel of Grain , at the 
 Gates belonging' to the City of Dublin . 
 
 WHEAT, 
 lb. oz. 
 3 10 
 
 OATS, 
 lb. oz. 
 2 4 
 
 BE RE, 
 lb. oz. 
 2 12 
 
 MALT, 
 lb. oz. 
 
 2 1 
 
 MEAL, 
 lb. oz. 
 2 9 
 
 BARLEY, 
 
 FLOUR. 
 
 RYE, or 
 
 MESLIN, ■ 
 
 1 CRUSH, 
 
 lb. oz. 
 
 lb. oz. 
 
 lb. 
 
 oz. 
 
 lb. oz. 
 
 2 12 
 
 2 7 
 
 3 
 
 9 
 
 3 12 
 
 A Docket of the Petty Customs of the Markets. 
 
 Of every Car load of Fruit, two pence, 
 every High load of ditto, one penny, 
 every Flasket of ditto, one halfpenny, 
 every Butter Standing, per Week, two pence, 
 every Root Standing, per Week, two pence, 
 every Standing for Fowl, per Week, two pence, 
 every Standing in Corn-Market, per Day, one penny, 
 every Car load of Hay and Straw, at Smithfield, one half- 
 penny. 
 
 AN 
 
 i 
 
AN INDEX 
 
 TO THE 
 
 PRINCIPAL MATTERS. 
 
 •000 
 
 A Page* 
 
 Action against Treasurer or Chamberlain, ... 67 
 
 Amount (computed) of extortions at fairs in Ireland, 36 
 
 B 
 
 Ballinasloe— fair of, ... ... 38, 39, 40,41,4-3 
 
 Barley— -measure of toll on, ... ... ... 33 
 
 Beams and scales, charges on potatoes, way for, 20 
 
 Belfast, ... ... ... ... 3, 6, 63 
 
 Berc— measure of toll on, ... ... 33 
 
 Birr — fair of, ... ... ... ... 37 
 
 Bishop-street, part of it in the County of Dublin, 15 
 
 Bounds— -ancient of City walls, ... ... 27 
 
 Britain-street — part of it in County of Dublin, ... 15 
 
 Butter market — impositions in, ... ... 20 
 
 Butter — last act, ... ... 20, 66 
 
 C 
 
 Canals — corn carried by. 
 
 Canal, Grand, 
 
 Carriers not liable to foil. 
 
 Cars and Carts, weighing in Smithheld, 
 
 33 
 
 ... 25, 27, 29 
 
 25, 16, 27, 29, 34 
 ... 24 
 
 19 
 
 Money paid fpr it may be recovered back, 19, 20 
 Carriages — private, ••• ... ••• 23 
 
 Cattle, ... ... ... 6, 8, 9, 25, 36, 37, 39, 40 
 
 ■ mountain, ... ... ... & 
 
 Certificate of Lord Mayor, under 32, G.III. c. 29, form of, 37 
 
 Charters not to be found warranting toll. 
 
 8, 
 
 93 
 
 — — of Edward, ... 
 
 
 12 
 
 : — of John, ... 
 
 ... 11, 
 
 12 
 
 granted to the City of Dublin, 
 
 ... 14, 
 
 15 
 
 Clarke, Edward, punished for extortion. 
 
 
 71 
 
 Clergymen exempt from toll, 
 
 7. 
 
 82 
 
 Coastways, corn, ... ... 
 
 ... 29, 
 
 30 
 
 Cork, city oC ••» »»» 
 
 ... 5, 
 
 63 
 
 Corn going out, ... ... 
 
 ... ... 
 
 23 
 
 sold by sample, exempt from toll. 
 
 29, 
 
 30 
 
 - — — coastways, ... 
 
 ... 25, 
 
 3Q 
 
• 4 ' 
 
 109 
 
 27, 
 
 27, 
 
 Page. 
 
 30 
 
 28 
 
 27 
 65 
 
 28 
 35 
 
 51 
 
 52 
 100 
 100 
 
 Corn by canals, ... ... 
 
 Cotton exempt from toll, ... ... 
 
 — — yarn exempt, ... ... 
 
 Cotton, cloth exempt, ... 
 
 Coloured cotton goods, ... ... ... 
 
 County Dublin, toll-houses in. 
 
 Custom or prescription, none in Dublin or Ireland, 
 
 — must be as far back as the reign of Richard I. 
 
 Customs of the gates, ... ... ... 75, 
 
 ■ — - Docket of, ... ... ... 
 
 D 
 
 Derry, bridge of, ... ... ... 2S 
 
 Distinction, attempted between toll and custom, ... 22 
 
 Distinction between County and City, ... 16, 17 
 
 Docket of Dublin, tolls and customs, ... ... 100 
 
 of Naas, ... ... ..* 42 
 
 Donnybrook fair Green, within the City, ... 16,44 
 
 Diogheda, ... ... ... ... 28 
 
 Beams and scales to be in, ... 63 
 
 — Toll thorough illegally charged, ... 28 
 
 Dues — market cannot be raised, ... ... 21 
 
 Dundalk, beams and scales to be in, ... 63 
 
 Eggs— charges for toll on, ... ... 49 
 
 England, most fairs without toll in, ... 36, 78 
 
 Exporting goods exempt, ... ... ... 9 
 
 F 
 
 Factors in Fowl, &c. markets, ... ... 20 
 
 Fairs, country, ... 35, 36, 37, 38, 39, 40, 41, 44 
 
 . Donnybrook, ... ... 16, 17, 37, 44 
 
 Flax-seed — exempt from toll, ... ... ... 7 
 
 Fieldstown — fair of, ... ... ... 37 
 
 Force — resisting by, ... ... . ... 53 
 
 Forestalled, *.. ... ... 20 
 
 Foreign grain first charged, ... ... 23 
 
 Fowl — dead, ... ... 17 
 
 Freemen, ... ... ... 11, 12, 13, 14 
 
 Fruit market — illegal charges in, ... ... 22 
 
 Furze exempt from toll, ... ... ... 27 
 
 G 
 
 Grain— foreign. ... ... 72 
 
 Grant — tolls can only be taken by prescription or, 51 
 
 . . ... Corporation of Dublin, must produce an express 
 
 grant, ... ... 16, 51 
 
110 
 
 H 
 
 ••• 41 
 
 19 
 
 19, 20 
 27, 40 51 
 4G, 47, 48, 57, 58 
 27 
 
 ... 56 
 
 22 
 
 0 , 7, 38, 39, 65, 66 
 
 ... 27, 41 
 
 Hackles exempt. 
 
 Hay— charges for weighing 
 
 • market, f.. ° .. # 
 
 Hemp or Hemp-seed — no toll on. 
 
 Horses sold in fair or market, 
 
 Harris’s Survey of Dublin, 
 
 Highway — toil not to be taken in the, 
 
 I 
 
 Illegal charges — list of in fruit market. 
 
 Illegal swearing in fairs, 
 
 -- . K 
 
 Kelp exempt, 
 
 L 
 
 List of illegal charges in the fruit market. 
 
 Linen exempt. 
 
 Looms not tollable, 
 
 ' *** »*• «•« 
 
 M 
 
 Mulaghcrew — fair'of, 
 
 ■Market -the King cannot grant toll for’ goods not 
 brought to market, b 
 
 Market days. 
 
 Markets— docket posted in, 
 
 — . Cattle, 
 
 • Corn, ,,, 
 
 — Egg, ... ’ "* 
 
 • Fowl, 
 
 ~ — i Fruit, 
 
 — Hay, 
 
 Kevin-street, 
 
 Potato, 
 
 StoUbfield, 
 
 Spitalnelds, 
 
 Straw, 
 
 Page. 
 
 22 
 7, 65 
 65 
 
 n 
 
 43 
 32, 7C 
 18 
 
 33 
 
 33 
 
 20 
 
 20 
 
 33 
 
 19, 20, 33 
 9 
 33 
 25, 33 
 
 Markets — stalls in, 
 
 - ■ — standings in. 
 
 Meal — charges on, 
 
 Mountjoy-square, 
 
 Murder— toll-men liable to charges of, 
 
 N 
 
 Naa? — -extortions abolished in, ,, 
 Newgate — toll-men committed to. 
 
 19, 20, 35 
 22, 80 
 22, 80 
 
 .. 49 
 
 26 
 54 
 
 5, 42