Balligunnertemple, bog, common to Callahan, &c. 84a. Kill St. Nicholas, bog, in common to Ballyglany, &c. 21a. bog, in common to Ballycanvan, &c. 122a. bog, common to Crosstown, &c. 25a. Killea, bog, in common, 30a. Rathmelan, bog, common, 11a. Kilm Cleige, common between Ballynolost and Ballyloghbeg, 46a. Hand Ikan, bog, in common to two townes, 97a. bog, in common to two townes, 28a. bog, common to Ballyscanlan, 9a. -bog, common to Finoi, &c. 22a. bog, common to Ballinkillis, 63a. Reisk, bog, common to Loughdahy and Ballyelligot, 46a. Lishnekilly, bog, common to Whitefieldstown and Adamstown, 32a. Newcastle, bog, common to No. 100, 101, 9a. bog, common to 98, 99, & 100, 22a. bog, common to three townes, 163a. Donhill, bog, common to Ballyvellush and Killowen, 10a. bog, common to Killowne and Shoneclone, 8a. * bog, common to Castlecraddocke and Kilstage, 17a. common to Donhill and Lissawarren, 110a. County of Westmeath. Killucken, common to the adjacent townes, 127a. Brawney Ter. common to ditto, 455a. common to ditto, 267a. Mullingar, common to the corporation of Mullingar, P. 260a. 3r. another parcel of commons, P. 152a. 3r. 8p. another parcel of commons, P. 12a. Or. 16p. Newtown, a red bog, in common, 498a. 3r. County of Wexford. Clonegeene, common to Moorestown and Newcastle, P. 46a. Drinagh, commons belonging to the adjacent townes, P. 55a. 1r. 28p. Roslahir, the commons of Roslahir, 401a. St. Molings, a piece of land in common to Ballyleagh and Ballinebannock, P. 127a. Templedycan, common to the whole barony, P. 1258a. CHAPTER IV. TOLLS AND CUSTOMS. The These demands liable to abuse-long since denounced— parliamentary proceedings from 1635 to remedyproclamation against in 1670-succession of Irish statutes to restrain.-Parliamentary Report of 1826 as to illegality, extortion, and violation of statute law.— Seven modern Acts of Parliament converted into dead letter by the corrupt influence of Corporations. validity of Corporate titles as to Tolls and Customs examined.-Title by prescription-title by express grant -observations on, and the difficulty of establishing a right by either-absurdities of title to toll by prescription. Prices. All grants of tolls were made by the crown in trust for specified public purposes, and for none other-collectors thereof always accountable to the crown for due application of the surplus payable to revenue, &c.— series of decisions and records to establish same.-Tolls and Customs by prescription, or by express grant, not equal to the expenses of collection— public purposes for which originally granted, now otherwise provided for by recent statutes—therefore the pretensions for their collection being at an end, it is proposed that all tolls and customs be for ever abolished. THE tolls and customs long demanded in the towns of Ireland form a subject for distinct con sideration, and, as such, will now be exclusively discussed in the present chapter. These exactions, from the smallness of their amount, and the ignorance and poverty of those generally on whom imposed, were easily made the subject of abuse, and ultimately offered means for illegal extortion. So early as the reign of James Commis- I., when certain commissioners reported on part port to Jas. of the customs demanded at that time in some MSS. Brit. towns, they pronounced them to be "grievous sioners' Re I. Clarend. Mus. exactions, meer extorcions," and some of them seem to have already been forbidden by the statute-law under severe penalties. In the year Commons 1635 the House of Commons of Ireland, by a resolution, brought the "excessive taking of toll v. i. p. 114. and custom in fairs and markets in corporations Journals, Ireland, Same, p. 139, 28th Same, pp. 140, 252, 257, &c. and other places" under the consideration of government. In a few years after, when an healthy and popular feeling seemed to animate that parliament, there are instances where the House of Mar. 1640. Commons actively interfered in cases of illegal and oppressive exactions of this description; and certainly on the face of the journals there are still traces of a bill, or statute, then preparing on the subject, though such bill was afterwards lost sight of amidst the overwhelming events subsequently ensuing. In the reign of Charles II. the Earl of Essex, as lord lieutenant of Ireland, issued a proclamation, by which it would appear he considered the executive government and the council to have a vested authority for correcting such abuses; as in his proclamation his lordship recites, that he had "received information that in many cities and towns corporate, greater customs, tolls, and duties than were really due had been of late exacted upon goods exported and imported within such cities and towns corporate, to the decay of trade and discouragement of merchants;" and directs that no new or illegal demands should thereafter be made, that schedules should be returned of all tolls and customs, distinguishing those enjoyed by charter from such as were claimed in any other right, to the end that his excellency and the council "might judge of the reasonableness of the same, and give such orders thereon as should be just.' In the reign of William III. these exac- Commons tions continued still to occupy the attention of parliament, and statutes were passed in the reign of Queen Anne and George III. against taking Irish Statoll" thorough," as it is called, or toll for cattle 4 Ann, c. 8; or goods merely driven or carried through any 17.; places where not sold, for trying questions of 32Geo. III. tolls by law, for providing schedules of the tolls 57Geo. III. exacted under penalty of 100l. and for returning lists of such to the clerks of the peace, under a forfeiture or suspension of the right of taking toll. But these remedial provisions had not the desired effect, and the tendency to abuse which attaches to this description of demand, and that political importance which corporate bodies ac Journals, v. ii. pp. 205, 264, &c. tutes, 1 Geo. II. c. 29. ; c. 108. |