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t Icipal Uorporations.
(IRELAND.) . . . .
PART II. -
Conclusion of the North-Eastern
'ircuit, and Part of the North-Western
Circuit. -
- 33rtgruttu to botſ) #ouges of 39arliament by Commant of his ſiſajestp.













M UNIC I PAL CO R P O R A TI O N S,
(IRELAND.)
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A P P E N D I X
TO THE FIRST
R E P O R T
OF THE
COMMISSIONERS.
PART II.—CONCLUSION OF THE NORTH-EASTERN CIRCUIT,
AND PART OF THE NORTH-WESTERN CIRCUIT,
33rtgented to botſ) #ougèg of 33arliament by Command of #is ſiſajesty.
LONDON :
PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET,
FOR HIS MAJESTY'S STATIONERY OFFICE. -
*===
1835.
1347
, A354/
/?35
Appx. [1]
pf, 2.
* . ."
I N D E X.
NORTH-EASTERN CIRCUIT page 801
NORTH-WESTERN CIRCUIT 95 971
NAME OF PLACE. CIRCUIT. Page. NAME OF PLACE. CIRCUIT. Page.
Agher . . Tyrone | N. W. 975 Killileagh Down | N. E. 925
Belturbet Cavan | N. W. 977 Lisburne . Antrim | N. E. 931
- Lymavady . Londonderry N. W. 999
Cavan . Cavan | N. W. 987
Clogher . . Tyrone | N. W. 995 || Monaghan Monaghan | N. E. 939
, "O O" Drogheda - Newtownards . Down | N. E. 955
Drogheda . . { (Town) } N. E. 801 Armagh
Newry . 3 and N. E. 961
Dundalk Louth | N. E. 889 Down
Dungannon . Tyrone | N. E. 909 - -
Dumleer Louth | N. E. 915 Randalstown Antrim | N. E. 967
Hillsborough . Down | N. E. 919

MUNICIPAL CORPORATIONS IN IRELAND. 80]
R. E. P. O. R. T
ON
T H E CO UNTY OF THE TO W N OF D R O G H ED A.
M. C. I. 9 R.
802. REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
g
st—
Page
LIMITs . . . . . . . . . . 805 Bellower . . . . . . . .
Statute as to the Barnatty . . . 805 Marshal and Gaoler . . . . .
CHARTERs . . . . . . . . . 805 Housekeepers . . . . . . .
Of Borough of Drogheda versus Uriel 805 Auctioneer . . . . . . .
Of Borough of Drogheda versus Mi- Rent-bailiff . . . . . . .
diam . . . . . . . . 807 Caretaker of the Market-house . .
Union of the two Corporations . . 808 Clock-keeper . . . . . . .
Subsequent Charters and Statutes 808–812 Printer . . . . . . . .
“New Rules” . . . . . , 812 Curfew-toller . . . . . . .
CoRPoRATE BoDY . . . . . . . 812 Treasurer . . . . . . . .
Style . . . . . . . . . 812 Secretary to the Committee of Accounts
Classes . . . . . . . . 812 Receiver of the Commons . . .
Guilds of Trade . . . . . . 813 Proctors of St. John's a s e 9
Select Body . . . . . . . 813 Functions and Emoluments of
Officers . . . . . . . . 813 Mayor . . . . . . .
Election and Qualification of Sheriffs . . . . . . .
Mayor & © tº 813 Aldermen . . . . . . .
Sheriffs . . . . . 814 Freemen . . . . . . .
Aldermen . . . . . . 814 Common Council. . . . .
Freemen . . . . . . . , 814 Coroners . . . . . . .
By Birth . . . . . . . 814 Recorder . . . . . . .
Servitude . . . . . . 814 Town Clerk . . . . . . .
Marriage . . . . . . 814 Swordbearer . . . . .
Grace especial on Petition. , 815 Macebearer. . . . . . .
Petitions . . . . . 815 Water Bailiff and Harbour
Cushioning . . . . 815 Master . . . . . .
Proceedings in Assembly . 815 Chief Constable . . . . .
Grace especial on Fiat . . 815 Town Serjeants . . . .
Statute . . . . . . 816 Bang-beggars . . . . .
Refusal of Claims . . . 816 Bellower . . . . . . .
Fees . . . . . . . 816 Marshal and Gaoler . . . .
Fines . . . . . . . 816 Housekeepers . . . . .
Guilds of Trade . . . . 816 Auctioneer . . . . . . .
Bakers . . . . . . . 816 Rent-bailiff . . . . . .
Butchers . . . . . . 817 Caretaker of the Market-house
Carpenters . . . . . . 817 Clock-keeper . . . . . .
Shoemakers . . . . . . 817 Printer . . . . . . .
Skinners . . . . . . . 817 Curfew-toller . . . . .
Smiths . . . . . . 817 Treasurer . . . . . . .
Tailors . . . . 817 Secretary to the Committee of
Common Council . . . . . . 817 Accounts . . . . .
Mayor of the Staple . . . . . 818 Receiver of the Commons . .
Constables of the Staple . . . . 818 Proctors of St. John's . .
Master of the Guild of Merchants .. 818 Court-house Keeper . . . .
Wardens of the Guild of Merchants .. 818 Remarks on the Constitution
Coroners . . . . . . . . 818 Jurisdiction . . . . . . . .
Recorder . . . . . . . 818 Assizes . . . . . . . .
Town Clerk . . . . . . . 818 Grand Juries . . . . . .
Swordbearer . . . . . . . 818 Clerk of the Crown . . .
Macebearer . . . . . . . 818 Judges' Crier . . . . .
Water Bailiff and Harbour Master .. 818 Petty Juries . . . . . .
Chief Constable . . . . . . 818 Quarter Sessions . . . . . .
Town Serjeants . . . . . . 819 Grand Juries . . . . .
Bang-beggars and Halbertmen , . 819 Clerk of the Peace . tº gº
Page
819
819
819
819.
819
819
819
819
819
819
819
8] 9
819
819
820
820
820
820
82I
821
821
821
82]
821
822
822
822
822
822.
822
822
822
822
822
822
S22
822
822
823
823
823
823
824
824
824
824
824
824
824
824
825.
MUNICIPAL CORRORATIONS IN IRELAND.
803
Sessions Crier . . . .
Tetty Juries . . . .
Market Juries . . . .
Coroner’s Court ... . . . .
Escheator's Court . . . . .
Petty Sessions . . . .
Complaints against Charter Ma-
gistrates . . . . . . .
Application for additional Justices
Tholsel Court . . . . . .
Course of Proceedings
Officers'. Fees . tºº. © C
Counsel .
* G
*e
& © o
* @ o
Fºy ©
Attorneys . . . . . .
Costs O & & O * @ * e Q *. o
Removalsof'Causes } e o o
Remarks . . . . . . .
Court of Conscience . . . . .
Proceeding by regular Summons
Immediate Summons
Rehearing . . .
Fees . . . . . . . .
Remarks . . . . .
Court of Pie Poudre . . *
Civil Bill Court . . . . . .
Prison . . . . . . . .
wº
Page
825
825
825
825
825
825
825
825
826
826
826
\
|
!
i
|
827
827
827
827
827
*
FAIRs and MARKETs
Parish Cess . . * e a
Grants from Corporation .
Remarks . . . . . . .
House of Industry .
Mendicity Institution
Schools © e & ©
Harbour . . . . . . . . .
Corporation, Conservators of the
Port . . . . . . .
Parliamentary Grants ... . .
Harbour Commissioners
Officers ** Fe e
Accounts . . . ſº
Collector's Accounts .
Accounts with the Cor-
poration o
Boyne Navigation Company .
wº
* e
* @ g © © ©
Tolls and Customs . . . . .
Places of Collection . .
Toll Boards . . . . . .
Docket of 1812 . . . .
Present Charges . . . . .
Manufactured Articles . .
Exemptions by Statute . .
By Freedom and Order
Assembly . . . .
Toll thorough . . . . .
Toll Riots © e º O tº º
Alteration of Practice . .
Multiplication of Charges
Water Customs © tº tº
Toll on Fair and Market Days .
Clerk of the Market . . .
Market Jury . . . . .
Cranage . . . .
Remarks .
CoRPoRATE PROPERTY
By Charter . . . .
By Purchase . . . . . .
Deeds and Leases . . . . .
White Parchment Book .* .
Management of the Property . . .
Grants in Fee . . . . . .
Before the Charter of 1698 . .
Since the Charter . .
For private Purposes
For public Purposes
Auditors and Viewers e e
Leases & Q & & e º e
Raising Money by way of Fine .
Usual Practice upon New Lettings
Exclusive Privilege of Freemen
to bid . . . . . .
Rescinding of, in April 1833
Reductions of Rent .
Renewals of Leases . . . . .
“The Freeman's Right”
April 1801 .
January 1812
January 1828 . . .
9 S
Bye-laws of
Page
836
836
837
837
837
838
838
838
838
838
840
840
840
840
842
842
842
842
843
843
843
845
845
? & o fe
Gaoler . . . . . . .
Turnkeys . . . . . .
Chaplains . . . . . .
Matron . . . . . . .
Physician and Apothecary .
Board of Superintendence . .
Remarks . . . . . . .
MUNICIPAL REGULATIONs . . . . .
Police . . . . . . . . .
Nightly Watch . . . .
Magistrates . . . . . .
Directors . . . . . . ."
Inspecting Constables . . .
Regulator of the Watch . . .
Paid Gonstable . . . .
Watchmen .
Treasurer . . . . .
Collector . . . . . .
Grants by the Corporation . .
Watch Tax . . . . . .
Remarks . . . . . . .
Lighting . . . . . . .
Lighting Tax . o
Grants by Corporation . . .
Paving . . . . . . .
Paving Committee . g
Grand Jury Rate . . . . . .
Roads . . . . . . .
Gaol . . . . . .
Officers o
Assessments & G G
Hospital Cess . . .
Applotments © e g g gº
Grants by Corporation to Hospital
Remarks . . . . . .
M. C. I
i&
827
828
, 828
828
828
828
829
829
829
829
829
829
829
829
829
829
829
830
830
830
830
830
830
830
830
830
830
830
831
83]
S3L
832
832
832
833
833
833
833
834
834
835
835
835
852
852
son
REPORTS FROM COMMISSIONERS ON
Aldermen's Acres . . . . . . .
Tolls and Customs . . . .
Commons . . . . . . . .
Estate of the Poor of St. John's . .
Tithes . . . . . . . . .
JFisheries . . . . . .
Rentals . . . . . . .
Income . . . . . . . .
Expenditure . . . . . .
Charges not incidental . . .
Rents payable . . . . .
Quit Rents . . . . .
Rent Charge to Vicar of St.
Peter's , tº Q
Vicars Choral Fund .
Rent Charge on Killineer .
On Property acquired by
Purchase . º
Colonel Bellew's Bequest
Interest on Debentures . .
Debts, how contracted .
Salaries
Pensions . . . . . . .
Grants . . . . . .
Page
852
852
º
853
853
853
875
875
875
875
875
875
876
876
Incidental Charges . . . .
Charitable Uses . . . . .
Bridge . . . . . .
Walls, Towers, and Keys .
Pavements . . . .
# Remarks . . . e
Other Purposes . . . .
Accounts . . . . . .
Charitable Funds .
Commons’ Fund .
Management of .
Remarks
Colonel Bellew's Bequest
Alderman Leigh's Devise
Prior's Park . . e
Alderman Schoales's Bequest
Dean Coxe's Charity.
STATE of THE Town
Population .
General Remarks .
List of Documents . . . .
of
Page
879
879
879
879
879
880
882
883
884
884
885
885
886
886
886
886
876
876
876
876
878
878
879
886
886
896
887
887
887
888

MUNICIPAL CORPORATIONS IN IRELAND. 805
COUNTY OF
TOWN OF DROGHEDA.
1. THE Town of Drogheda is situate on the river Boyne, about four miles from the sea.
It lies partly on the south, and partly on the north, of the river, which was the ancient
boundary, here, between the counties of Meath and Louth. The town, with a district of
the adjoining country on each side, was, by a charter of the 14 Henry IV., formed into a
distinct county in itself.
An Act was passed in the 2 Henry VII. (Rot. Mem. 9, 10 Hen. VII. m. 7) whereby it was
enacted, that the lands of Barnatty, in the shire of Louth, should thenceforward be reputed
and taken as part and parcel of the franchise of Drogheda, and utterly discharged of the
said shire of Louth, and that dwellers, tenants, and land occupiers of the said lands in Bar-
natty, and residenciaries of the same, should have the liberties, freedoms, and franchises of
Drogheda, and use and enjoy them as the inhabitants of Manomore, being of and within the
franchise of the town, had used the same and enjoyed at any time as parcel of the same lands.
The lands of Barnatty are still reputed as part of the county of the town.
The boundaries of this county are well defined.
It consists of two complete Parishes, St. Mary’s and St. Peter's, and a portion of a thiº.
Ballymakenny, the remainder of which lies in the county of Louth.
St. Mary's is to the south of the Boyne, and includes a part of the town; it includes the
whole of the county lying on that side of the river, and contains 1,435 statute acres.
Much the greater part of the town is in St. Peter's, and on the north side of the river;
this parish contains 3,523 statute acres.
The portion of the parish of Ballymakenny, comprised within this county, is entirely agri-
cultural, and contains 844 statute acres.
The entire county of the town contains 5,802 statute acres.
No alteration in the limits, as regards the representation of the town in Parliament, was
made by the Boundary Act, 2, 3 Will. IV. c. 89.
2. The first institution of a body corporate in Drogheda cannot be traced from the docu-
ments we have inspected. e
The town at a very early period was divided into two distinct boroughs, but that division
is not recognised in the earliest charter we have seen, dated the 12th April, 12 Henry III.
(A. D. 1228,) stated to be on record in the Tower of London, whereby the King granted to
“ his good men of Drogheda,” in aid of making the bridge of Drogheda, that they should
take certain customs, therein specified, for one year.
The Town was soon after divided into two distinct Boroughs, the one to the north of the
river Boyne, called “Drogheda versus Uriel,” (towards Louth,) and the other to the south
of the river, called “Drogheda versus Midiam,” (towards Meath;) the entire town being
described as “Drogheda ea utraque parte aqua.”
3. The separate Charters of Drogheda versus Uriel were as follows:
The first is dated 20 September, 13 Henry III. (A. D. 1229,) also in the Tower of London,
(Rot. Chart. 13 Hen. III. m. 4.) and to be found enrolled in the Exchequer in Ireland,
(Rot. Mem. 3 Hen. V. m. 14,) whereby the King granted to his burgesses of Drogheda
that histown of Drogheda versus Uriel should be a free borough for ever; that the burgesses
thereof should have a guild merchant, with hanse and other liberties, and free customs to
that guild belonging, and that none, but those of the guild, should make merchandise in the
borough, unless by the will of the burgesses; that they and their heirs should have soc and
sac, thol and theam, and inſangthef, and be quit of toll, lastage, passage, pontage, stallage,
through all ports, and all the King's demesnes, in his hands at the time of the making of the
charter; that mone of them plead without the hundred of the borough of Drogheda of any
plea, except pleas of external tenures; that pleas should be held at Drogheda of all their debts
contracted at Drogheda, and of bail given there; that they might distrain their debtors by
their pledges in Drogheda ; that they should have freew entry and exit in the port of Dro-
gheda with all their merchandises; that the hundred should be held at Drogheda once within
15 days; that no burgess of Drogheda be amerced of money in the hundred, unless according
to their ancient custom, viz. of 12d.; that they should make provosts from themselves annually;
that two of the more lawful and discreet men of the borough should be elected by the common
council of the same burgesses, before the King's justices, when they should come to the town
to take assizes, to keep the pleas of the Crown, and to see that the provosts of the borough
justly and lawfully treated, as well the poor as the rich of the borough; that they should
have their fishery in the water of Drogheda, as they had ever had and used to have it, in the
times of the King's predecessors; that no merchant stranger should sell cloth in the borough
THE TOWN
OF
DROGHEDA.
LIMITs.
Statute of
Henry VII. as to
Barnatty.
Parishes.
Boundary Act.
CHARTERs.
12 Henry III.
Division of the
Town into two
Boroughs.
Charters of Dro-
gheda versus Uriel.
13 Henry III.
COUNTY OF
806 REPORTS FROM COMMISSIONERS ON
HIHE TOWN
J)R06HEDA.
18 Henry III.
37 Henry III.
Edward I.
11th July,
10 Edward II.
13th July,
10 Edward II.
Three Charters of
the 12 Edward II.
5 Edward III.
Murage and Pavage,
Grants of
Edward III., &c.
by retail, nor wine on draught unless in the gross; and that they might improve in making
buildings on the bank as far as the stream of the water, and elsewhere within their
bounds.
This charter also granted to them all their liberties and free customs which they had and
used in the times of the King's predecessors, and to have and to hold the borough with its
appurtenances, and the water of Drogheda, in fee-farm of the Crown by 60 marks, payable
annually, 30 at Michaelmas, and 30 at Easter; and that no stranger should export victuals
thence without their licence, &c.
A charter of the 18th June, 18 Henry III. (A. D. 1234.) in the Tower of London, granted
to “the Burgesses of Drogheda, as well towards Meath as Uriel,” in aid of enclosing the
town for the defence thereof and of the circumjacent parts, certain customs for three years, to
be taken and applied, by the view of two men whom the King's justiciary should appoint, for
the enclosure of the walls, and in no other way.
The next charter, 12th September, 37 Henry III. (A. D. 1253,) enrolled in the Exchequer,
(Rot. Mem, 5 Hen. VIII. m. 26,) confirmed the former charter of the burgesses of
Drogheda versus Uriel, and freed them from certain feudaliburthens. :
It further granted, that no sheriff, or ministers, should intermeddle in attachments or
summonses within the borough, except the provosts and coroners of the borough; it
empowered them to have one mayor in the borough by election of the burgesses, who should
see that the provosts, and other bailiffs, should justly treat as well the poor as the rich.
iſt granted that the templars or hospitallers should not have in the borough any man, or
any messuage, quit of common customs, except one; that no merchant stranger should
remain in the borough for selling his wares above 40 days; that if any burgess were attached
without the borough, the mayor and burgesses should have of him their court, and give
justice to the complaimant.
It granted an annual Fair on the eve, day, and morrow of St. Luke, and 12 days following,
ith all liberties and free customs to such fair belonging.
These charters were inspected and confirmed by a charter dated 24th June, 33 Edward I.
A. D. 1305, (Rot. Mem. 3 Hen. V. m. 14,) and this was itself inspected and confirmed by
charter dated 11th July, 10 Edward II. A. D. 1816, (Rot. Mem. 5 Hen. VIII. a. 26.)
The next charter, 13th July, 10 Edward II. A. D. 1316, (Rot. Mem. 9 Edward II. m. 47,)
granted to the mayor and burgesses, in aid of the repair of the walls and towers of the town,
300 marks, viz. by remitting the farm of 60 marks, and charging the customs of the town
with 40 marks annually for three years.
Three Charters, dated 8th June, 12 Edward II. (A. D. 1319,) are preserved, two in the
Record Tower of Dublin Castle, (Rot. Plac. 13 Edward II. m. 17,) the third in the
Exchequer, (Rot. Mem. 13, 14 Edward II. m. 2, d.) one granting a protection to the mayor
and burgesses; another ordaining that they should not be disturbed by the King's justiciary,
Roger de Mortimer, in the privileges of their hundred, under former charters and con-
firmations; and the third granting them, for repair of the walls and towers, and other works
of defence, between the town and the water on that side, 300 marks, viz. by remitting the farm
of 60 marks for five years.
By a charter dated 6th May, 5 Edward III. (A. D. 1331,) enrolled in the Exchequer, (Rot.
TMem.4, 5 Hen. VIII. m. 27,) the King inspected and confirmed the charter of the 11th July,
10 Edward II. excepting a certain article protecting tenures unclaimed for a year and a day
in certain cases; but which article the burgesses, and their successors, were to enjoy as they
and their predecessors had always reasonably used and enjoyed it.
This charter further granted, that the burgesses should not be put on assizes, juries, or
inquests, by reason of their lands and tenements outside, or by reason of trespasses, or
contracts outside, before the King's justices, or ministers, so long as they dwelt in the borough;
and that strangers should not be put with the burgesses on assizes, juries, or inquests, by
reason of lands and tenements within the borough, or of trespasses or contracts within, unless
it touched the King or the commonalty of the borough ; and that they and their heirs and
successors, upon injuries, felonies, pleas, and demands within, should not be convicted
by strangers, but only by the co-burgesses, unless it touched the King or the commonalty of
the borough; that they should not be made sheriffs, coroners, or other ministers of the King,
without the borough, against their will, so long as they dwelt there; that they should have,
in the absence of the King, the assize of bread and beer, and the custody and assay of
measures and weights and other things whatsoever to the office pertaining within the
borough, and punish transgressors of the assize, and correct defects of measures and weights,
and of other things to the said office of the market pertaining, so that the King's clerk of the
market should not interfere, save to examine and correct the standard, and that the profits
of the assize and assay should belong to the burgesses, in aid of the farm of the town; the
mayor and bailiffs, however, to be fined and amerced if they neglected their duty.
In the 8 Edward III. (13th November 1334, Rot. Pat. 8 Edward III. m. 5, d.) the
mayor, semeschal, bailiffs, and commonalty of Drogheda, ea utraque parte aquae, had Pavage
and Murage granted for five years. Further customs were granted for pavage, murage, and
repair of the towers, keys, and bridge, for successive terms of six, twenty, and nine years, b
charters dated 7th January, 29 Edward III.; 22d March, 36 Edward III. ; and 25th March,
47 Edward III., confirmed by charter of the 20th July, 4 Richard II. (Rot. Mem. 4 Ric. II.
m. 16, in which the schedule of the customs is preserved,) and extended for 12 years, by
charter dated the 24th October, 9 Richard II. (Rot. Mem, 19 Ric. II. m. 42,) in favour
MUNICIPAL CORPORATIONS IN IRELAND. 807 COUNTY OF
THE Town
of the corporation ex parte Urielis. A charter of the 30th. January, 5-Henry IV. (Rot. Pat. prošenA.
5, Henry IV. p. 2, a. 1.) reciting certain customs granted to the corporation ea parte Midite, :" **
for a term of years, by letters patent of the 10th October, 9 Richard II., renewed the grant for
20 years.
By charter dated 12th February, 38 Edward III. A. D. 1363, (Rot. Mem. 4, 5 Hen. VIII. 38 Edward III.
m. 26,) the King confirmed the charter of the 5 Edw. III, and granted that certain pri-
vileges, which had been granted to Dublin, should be enjoyed by the burgesses of Drogheda,
viz. that their mayor, annually elected from themselves, should be sworn before the preceding
mayor, in presence of the commonalty, unless the King's justiciary of Ireland, or a baron of
the Exchequer, were present, before whom he should then be sworn; that the burgesses
should have the return of writs and attachments of all things happening within the borough
and suburbs, unless in default of the mayor and bailiffs, except the four pleas of rape, arson,
forestall, and treasuretrove ; that the mayor and bailiffs might account in the Exchequer,
by attorneys deputed under the seal of the commonalty; that the mayor and bailiffs, in the
gihald of the borough, should have cognizance of all pleas as well of tenures within the
borough and suburbs, as of all trespasses and contracts happening there, and executions
thereof, except ordinances of the staple.
Further, upon the petition of the burgesses, stating their privilege that no merchant stranger
should sell his wares there by retail, against which some merchant strangers (under pretext
of the late statute of Ordinance of the Staple, providing that all merchants of the staple
coming to cities and boroughs in England, Ireland, and Wales, might sell in the gross, or by
retail, without challenge,) had come to Drogheda and sold by retail as freely as the merchants
of the borough bought and sold at their will, and thus obtained all the profits of buying and
selling merchandise there, contributing nothing to the burthens imposed for the defence of the
town:-also, that by pretext of a late ordinance for exporting all wools, hides, and other mer-
chandise, from this kingdom to the town of Calais, and not elsewhere, the burgesses were
constrained to bring their merchandise, viz. old cloths, wool, hides, and other small matters,
much unlike the merchandise of other countries, to Calais, where they scarce sold for any
thing, and where wines, iron, salt, or other goods useful for the land of Ireland, were not to be
found; and when the burgesses sold their merchandise at a low price in Calais, they were
obliged to make a new freight to England, Gascony, or elsewhere, to look for goods agreeable
to their country, and so pay two freights for one, to their great damage;—therefore, the
charter granted, that all merchant strangers buying and selling in the town, under the statute,
should contribute to the tallages and burthens for the support of the town, according to the
quantity of the thing bought or sold, and that the burgesses might export to England,
Gascony, &c., as to them seemed fit.
A mayor and constable of the staple were constituted at Drogheda, as one of the five towns 49 Edward III.
ordained for the purpose in Ireland, by charter of 49 Edward III. (27th June 1375, Rot.
Pat. 49 Edw. III. m. 10.) $º
The charter of 38 Edward III. was inspected and confirmed 9th April, 15 Richard II. 15 Richard II.
A. D. 1392, (Rot. Mem. 5 Henry VIII. m. 26–28.)
There is also a charter of the 20th January, 4 Henry IV. (Rot. Pat. 4 Henry IV. p. 3, 4 Henry IV.
a. 59,) inspecting letters patent of the 8th April, 10 Richard II., confirming the licence of
exporting Irish wares to England.
By charter of the 9th April, 5 Henry IV. (A. D. 1404) on the same roll, the King, reciting 5 Henry IV.
that the corporation, for the great fee-farm they were bound to pay annually, to the Crown,
and by reason of the poverty of the commonalty, were unable, without his aid, to enclose or
pave the town as they would wish, granted to them, as well in aid of the enclosing and paving,
as the repair and sustaining of the towers, key, and bridge, of the town, ex parte Uriel, certain
customs and toll of merchandises and other things and goods for sale, coming, or to be
brought, as well by land as by water, from any side. A schedule of the tolls was set forth, and
the corporation were discharged from rendering any account to the Crown in the Exchequer
or elsewhere. *
4. The following are the separate Charters of the borough on the Meath side: Charters of Dro-
By charter dated 16th Juné, 31 Hen. III, (A. D. 1247, Rot. Mem, 5 Hen. VIII. m. 26) ...”
the King granted to his burgesses of Drogheda versus Midiam, that that town should be a ." 13).IIl. III
free borough. This charter is conceived in terms similar to those of the charter of the 31 Henry III.
13 Henry III. to the burgesses of Drogheda versus Uriel; using, however, the term
“tallage,” not “stallage,” in the clause of exemptions; it granted that they might annually
elect their semeschal and provosts; that they should have their fishery in the water of
T}rogheda as before; that they should have their burgages and acres within their bounds as
before well and freely granted to them; that no burgess of that borough should be pledged
or distrained in all the King's land and power for any debt, unless he were the principal
debtor or his bail; that they should be quit of wreck of the sea in all the King's land and
power. It also granted an annual fair in the borough on the vigil and day of the Assumption
of the Blessed Virgin Mary, and six days following, and a market on every Wednesday; and
that they should hold the borough of the King at 40 marks annually, 20 at Michaelmas and
20 at Easter.
In the 11 Edward II. (7th February 1317, Rot. Mem. 4, 5 Hen. VIII. m. 28,) the former 11 Edward II.
charter was inspected and confirmed. By this, after reciting the passage in the former,
granting that the burgesses might improve in building on the bank so far as the stream of the
water of the Boyne, and elsewhere within their bounds, the King granted to the burgesses
“ all his void places in the said borough,” to build upon, or otherwise to make their advantage
COUNTY OF
808 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
16 Edward II.
5 Edward III.
17 Richard II.
4 Henry IV.
Union of the two
Corporations.
Charter of
14 Henry IV.
thereof; and granted another weekly market on Saturday. Referring to the clause of
exemptions, through all ports of the sea and the King's demesnes, he granted that the bur-
gesses should be free of lastage, passage, and pontage, throughout all the King's power.
It seems Edward II. granted to this, as to the other corporation, a sum of money for the
repair of their walls and towers, and their defence against the Scots and other enemies, a
writ of the 16 Edward II. being extant, (Rot. Mem. 16, 17 Edw. II. m. 12, d.) commanding
the treasurer and barons of the Exchequer to make a certain allowance in the account.
The charter of the 11 Edward II, was inspected and confirmed 6 May, 5 Edward III.
(A. D. 1331, Rot. Mem. 4, 5 Hen. VIII. m. 28,) and this charter granted further privileges
in terms almost the same as those in the charter of the same date granted to the corporation
of the borough versus Uriel; it also granted that merchant strangers should not stay more
than 40 days to sell their goods, and that no alien-born merchant should export victuals
thence without the licence of the burgesses, and that the burgesses should not be convicted of
injuries, felonies, or demands within, by strangers, but solely by their co-burgesses, unless the
matter touched the Crown, or the commonalty of the borough.
This was inspected and confirmed by charter dated the 16th June, 17 Richard II.
(A. D. 1394, Rot. Mem. 4, 5 Hen. VIII. m. 28, 29). *
By charter, dated the 8th March, 4 Henry IV. (A. D. 1402, Rot. Pat. 4 Hen. IV. p. 3,
a. 126,) it was recited, that the seneschal, bailiffs, and burgesses of the town of Drogheda,
ea parte Midiae, had supplicated the King, that whereas Edward III. had, by letters patent,
granted to them 32 acres of land called Arondele's Lond, which were formerly of Gilbert
Thedrych, near the town, and 18s. of rent, which were also of the said Gilbert in the town,
which had come to the King's hands by escheat, to hold for ever at the annual rent of 50s. ;
and afterwards Richard II., (17th January 18 Richard II.,) by his letters patent, had granted
to them to hold the said land and rent without rendering anything therefore for 10 years; and,
thereupon, Henry IV., considering the losses of the corporation by enemies and rebels, con-
firmed the premises to them, to hold for ever free of all rent.
This charter was further motified by patent of the 12th September, 2 Henry V.
5. These two separate Corporations continued to exist down to the reign of Henry IV., when,
by reason of the tolls, and other customs and exactions imposed on merchants and others
resorting to the town, as well by land as by water, for their merchandise and other things
for sale, according to the franchises so severally granted,—and the King's lieges also, on that
pretext, being doubly burthened,—divers dissensions and debates thereupon had thereby daily
sprung up, and the merchants and others put off their coming to the town, to the loss and
impoverishment of the burgesses and others in those parts.” To put an end to these evils,
Henry IV., by charter dated the 1st November, in the fourteenth year of his reign,
(A. D. 1412,) by the common consent of the burgesses and commonalties of both boroughs,
granted, that the town, with the suburbs in both counties, should be one entire and
incorporate county, distinct from Meath and Louth, to be called the county of Dro-
gheda, to be held of the Crown at the entire fee-farm of 100 marks; and to be governed
by one mayor and two sheriffs only, to be elected by the burgesses and commonalty
of the town; extinguishing totally, with their assent, the names and states of the seneschal
and bailiffs. The mayor was created the King's escheator. The mayor, sheriffs, burgesses,
and commonalty, were empowered to meet every year, and make ordinances and statutes for
the safe government of the town. The mayor and sheriffs were made eligible by the
burgesses and commonalty, the first mayor, and those who should be elected on vacancy
during the year, to be sworn before the aldermen, theretofore called jurates, and in other
cases before the mayor quitting office; the sheriffs to be sworn before the mayor and
aldermen, and their names to be returned annually, under the common seal, into Chancery.
The sheriffs were empowered to act as any other sheriffs, and to hold their county on Mondays
from month to month, and their court as often as it pleased them, as the bailiffs, on each side,
had before done. It was granted, that the corporation should have a common gaol for felons
and others, and all waifs and estrays, and goods of felons and fugitives, escapes and other
forfeitures of chattels, in aid of the sustaining of the farm aforesaid; and that the tolls, customs,
and other exactions of merchants and others, as well by land as water, resorting thither,
they should levy and receive in common, and for the common benefit of the burgesses and
commonalty, as by virtue of one franchise, and not severally as before; that none of them
should plead or be impleaded before the King's justices, out of the town, of lands or tenements
held within the liberty, nor of any trespass or contract made there, but those complaining, in
* The above is the recital of the charter of Henry IV. In histories of the time, it is stated,
that the principal market of the town had been at the Meath side, at which vessels generally anchored,
because they were obliged to pay pontage at the north quay, while, at the other side, they were exempt
from this tax. The inhabitants at the south side monopolized the merchandise imported, and sold it to
those on the other side at increased prices. From these causes arose the jealousies, animosities, and
contentions between the inhabitants of the two places. They held, it is said, no friendly intercourse,
but lived, rather like enemies, ever in arms against each other. In their contests blood was often shed,
and many lives lost; and on one occasion the bridge of Drogheda became the scene of a sanguinary en-
gagement between the conflicting parties. At length, Father Philip Bennet, a friar of St. Mary Mag-
dalen's Convent, having invited both parties to hear his sermon in the collegiate church of St. Peter,
succeeded in reconciling them. It is alleged that in his sermon he thrice asked the congregation with
energy, “Will ye be united to the body of Christ 7” One of them answered, in the name of all, “We
will.” Hence sprang the union of the two corporations, and the individual (William Symcock) who
So answered was the first mayor elected by the common voice of all.
MUNICIPAL CORPORATIONS IN IRELAND. 809
COUNTY OF
such case, should prefer their plaint before the mayor and sheriffs, according to the form of
the ordinances, by the said burgesses and commonalty in that behalf to be reasonably made;
that the mayor and sheriffs should have cognizance of all pleas of trespass, covenants, contracts
and debts arising within the limits, with all profits thence issuing, so that the seneschal, marshal,
THE TOWN
OF
DROGHEDA.
r—r-,
and clerk of the market of the King's household, should not intermeddle, save in trespasses,
&c., in the household, made of the same household; that the mayor and sheriffs should also
have cognizance of assizes of novel disseisin and mort d’ancestor of lands and tenements within
the limits before the justices of either bench there, &c.; that the mayor should have jurisdiction
of hearing, correcting, reforming, and determining in the hall of the Guilhald, at the suit of any,
all defects, oppressions, extortions, misprisons, ignorances, negligences, and injuries committed
by the sheriffs in their office within the county; and that the co-burgesses and commonalt
should have power of inquiring, hearing, and determining, by the mayor and four other lawful
men of the town by the mayor to be chosen, all matters, plaints, defects, causes, and articles
which to the office of justice of the peace labourers and artificers belonged; but not to proceed
to the determination of any felony without the King's special mandate ; that the burgesses
and commaomalty should have all fines, issues, forfeitures, and amercements pertaining to the
justiciary of the peace within the county, for supporting and repairing the bridges of the town,
and other burthens daily arising; and forfeitures of victuals, viz. bread, wine, ale, and other
things not pertaining to merchandise. This charter also granted, that neither by the change
of the names of semeschal and bailiffs, nor otherwise, should any of the former franchises of
the burgesses or commonalty, or the tenants or residents of the town and suburbs, be denied
or abridged; but that the mayor, sheriffs, burgesses and commonalty should use and enjoy all
the franchises, liberties, privileges, immunities, quittances, advantages, and free customs,
article by article, and word for word, as the mayor, seneschal, burgesses and commonalty
had before. . - -
By a charter of the 10th November, 2 Henry V. (A. D. 1414), the King ratified and
confirmed all the said gifts, grants, liberties, franchises, and quittances, in the said charters and
letters contained; and granted, that the corporation might take such customs and tolls in aid
of the enclosing and paving of the entire town, and repair and sustaining of the towers, keys,
and bridge of the town, upon the side towards Meath, as his father had granted, as well in aid
of the enclosing and paving of the town ea parte Urielis, as of the repairing of the towers,
key, and bridge there.
This charter is set forth in a record dated the 25th February, 5 Henry VI. A. D. 1426,
(in the Records of the Tower of London, Rot. Pat. 5 Henry VI. p. 2, m. 11.) whereby the
King, with the advice and consent of the lords spiritual and temporal in his Parliament,
held at Westminster in the first year of his reign, approved, ratified, and confirmed his
father's said charter of such gifts, grants, liberties, franchises, and quittances, not revoked, as
by the said charter were rêasonably testified, and as the corporation had enjoyed them. This
charter concludes with the words, “per ipsum regem et consilium suum in parliamento.”
Taking this to be an Act of the Parliament of England, it obtained the force of an Act of
Parliament in Ireland, by the 10 Hen. VII. c. 22.
A statute of the 15, 16 Henry VI. c. 35, recognised the grant of Henry IV. to the mayor,
burgesses, and commons of Drogheda, that none of them be compelled to serve in offices
without the town, and it discharged a resident of Drogheda from being compelled to serve any
office in Kilkenny against his will. -
By charter of the 18th November, 21 Henry VI. A. D. 1442, (Rot. Mem. 4, 5 Hen. VIII.
m. 26,) the King granted 20 marks annually from the fee-farm of the town, for murage, to the
mayor, sheriffs, and commons; and afterwards by Act of Parliament, (R. Stat. 37 Hen. VI.
c. 11,) a confirmation was made of this grant, to be applied to the repairs of the tolsell and
bridge, as well as the walls, and an account to be rendered annually before four men of the
town, elected annually by the burgesses of the town in their common assembly.
A statute of the same reign (R. Stat. 25 Henry VI. c. 32,) recited, that by patent dated
9th April, 5 Henry IV, the customs and toll had been granted to the mayor and burgesses
for ever, without accounting to the King; that the said patent had been confirmed by the present
King; that the mayor, &c., applied the said customs to the murage, pavage, and pontage
of the town; and that the chief baron of the Exchequer had lately called them to account;
and it enacted that the mayor and commonalty should be discharged from making any
account to the King. -
A statute of this King (R. Stat. 33 Henry VI. c. 19.) enacted, that the mayors should
not be knights or esquires, but merchants; and that the mayor should not be mayor again
within three years ensuing ; but this was afterwards repealed (R. Stat. 34 Edward IV.
c. 19.) -
There were also several temporary statutes, (R. Stat. 35. Henry VI. c. 13, ; 37. Henry VI.
c. 5. ; 2 Edward IV. c. 11,) from which it appears, that the chief place for holding assizes,
&c., for the county of Uriel was in the tolsell of Drogheda on the part adjoining Uriel, and
those for the Cross of Meath in the same place, on the part adjoining Meath; and the sanction
of Parliament was given to this arrangement.
A statute of Edward IV. (R. Stat. 5 Edward IV. c. 46,) granted a University to the town;
we insert a copy of this Act, which, we believe, has not anywhere been edited.
“ . Itſä al requisicion' dez coes que p ceo que la tre dirlande ad mule universite ne study
geſale deins le mesme le quele ewe woudr' causer si bien lencresse de Science richesse &
M. C. I. 9 T
2 Henry W.
5 Henry VI.
Statute
15, 16 Henry VI-
Charter
21 Henry VI.
confirmed by
Statute
37 Henry VI.
Statute
25 Henry VI.
33 Henry VI.
34 Edward IV.
35 Henry VI.
37 Henry VI.
2 Edward IV.
Statute for a
University,
5 Edward IV.
County OF
810 REPORTS. FROM COMMISSIONERS ON .
The ºwn
& F
DROGHEDA.
Statute for Mayor's
Sword and Pension.
8 Edward IV.
Charters thereupon,
8 Edward IV.
S Edward IV.
Statute of
Confirmation,
8 Edward IV.
Charter
4 Henry VIII.
29 Henry VIII,
Philip and Mary.
7 James I.
l6 James I.
bone gouvnance come le avoidance de Ryot male gouwmance & extorsion deins la dit tre
esteauntz Ordeine est establie & gunte p auctorite du dit Parliament que soit une universite a
la vile de Drogheda en le quele univsite poient estre faitz bachelers maists & doctours, en
toutz sciencez & facultees sicome ils sont en la univsite de Oxenford & auxide aver & enjoier
toutz mańs littees privileges leyes & laudables custumes qux la dit uniºsite de Oxenford ad.
occupie & et enjoie pissent qil me soit pjudiciale al meire viscounts me al cofiumalte de la
vile de Drogheda.” -
Another statute (R. Stat. 8 Edw. IV. c. 58,) enacted, that a patent should be issued.
from the King, granting to the mayor of Drogheda to have a Sword as the mayor of London;
also an annual Pension of £20 out of the fee-farm of the town, to maintain his dignity, in
reward of the services of the mayor, sheriffs, and commons, against O'Railley, j in the
wars under the Earl of Worcester, deputy of George Duke of Clarence; and a patent of the
12th July, 8 Edward IV. (Rot. Mem. 4, 5 Henry VIII. m. 26,) granted, at the request
of parliament, a sword to the mayor, and an annual sum of £20, from the fee-farm of the
town for ever, to the corporation, to maintain his dignity.
This was confirmed by a subsequent charter (on the same roll) dated 19th February,
9 Edward IV.
Another statute was passed in the same Parliament as the preceding, (R. Stat. 8 Edward IV.
c. 64,) containing a general Confirmation to the mayor, aldermen, sheriffs, and commons, of
the town of Drogheda, of all patents theretofore granted to them, by whatever names and
titles, both in Uriel and Meath. *
A charter dated 9th July, 4 Henry VIII., A. D. 1512, (Rot. Mem, 4, 5 Henry VIII.
m. 26.) contains an inspeximus and confirmation of all the preceding articles which we have
referred to as entered upon the same roll.
Another charter of King Henry VIII., without date, enrolled, (Rot. Pat. 29, 30 Henry VIII.
m. 8,) granted to the mayor, sheriffs, and commons, that the mayor should be custos pacis
for the #. within the town and franchises by land, sea, and fresh water; and the like as to
the recorder; also that the mayor and recorder should be justices of the peace, and
empowered to hold inquisitions of felonies and other crimes, to have the assize of weights and
measures; that the King's coroner, escheator, or sheriff, should not have jurisdiction in the
town; that the corporation might build a prison; that the mayor and recorder should be
justices of gaol delivery within the town, with power to erect a gallows and execute judgment
on felons.
This, also, confirmed all former grants and donations.
By a charter dated 6th April, 3, 4 Philip and Mary, A. D. 1557, (Rot. Pat. 3, 4 Phil.
and Mary, m. 7; and 5, 6 Phil. and Mary, m, 1,) the religious houses of the blessed Mary
de Urso, the Augustinians, St. Lawrence, and the Carmelites, were granted to the corporation
in fee-farm for ever. -
It was also provided, that burgesses, resident in Drogheda, should not be compelled to
appear in any of the King's courts elsewhere, in suits arising in Drogheda, nor be put on juries
out of the town, and that the burgesses should answer for lands held by them without the
franchises, in the King's courts, in Dublin, or elsewhere. A general confirmation of
privileges was added, and the mayor, sheriffs, burgesses, and commons, agreed that the
King's justices might hold the assize in the tholsel of Drogheda, or elsewhere within the
town, and to find accommodations and food for the said justices, and their horses, during the
3.SSIZGS.
By charter dated the 18th December, 7 James I., A. D. 1609, enrolled in Chancery, (Rot.
Pat. 7 Jac. I. p. 3, m, 4,) it was granted to the corporation, that there should be a guild of
merchants of the staple in the town and county, consisting of a mayor, two constables, and
such a number of merchants of the town and county as to the mayor and two constables
should seem expedient; and that the mayor, sheriffs, burgesses, and commons of the town
might, once a-year, choose the mayor and constables of the guild, who were empowered to
take recognisances of the staple, and exercise the office according to the statute; that the
mayor, constables, and merchants of the staple, might make bye-laws; and that no merchant,
but those of the staple, should buy or sell any merchandise of the staple within the county,
on pain of forfeiting the goods, half to the King, and half to the corporation, nor ship them,
unless purchased of a merchant of the staple in the town; that mone should sell or buy, by
retail or private bargain, any merchandise within the franchises, except merchants of the
town and county.
This charter further granted to the corporation all wrecks of the sea happening within the
port, and all the water of the Boyne and the fishery and fisheries thereof, within and on
each side of the same water, from the bounds of the franchises of the town from the west, to
the deep sea beyond the tower called Maiden Tower, on the east.
It was further granted, that all free inhabitants of the town, by birth, marriage, or appren-
ticeship, and not otherwise, for their goods within the town, port, and franchises, and all
other ports, creeks, and places in Ireland, should be free of the customs or subsidies called
poundage.
After certain letters for accepting a surrender, (7th August, 9 Jac. I. p. 1. m. 22, d. ;
18th July, 14 Jac. I. p. 1, m. 29, d.) and an inquisition of the 12th October, 13 Jac. I.
No. 1, finding that the corporation were seised of the premises therein mentioned, in fee,_
King James I., by charter dated the 14th July, 16 James I. (A. D. 1618,) enrolled in
Chancery, (Rot. Pat. 16 Jac. I, p. 4, m. 12,) granted and confirmed to the mayor, sheriffs,
MUNICIPAL CORPG).RATIONS IN IRELAND. 8II
COUNTY OF
burgesses, and commonalty of Drogheda, 199 houses and messuages, 22 orchards, 12 gar-
dens, and 34 other closes, making in all 267 holdings in the town and county of Drogheda,
the contents of which are not specified, and 70 other holdings there, the contents of which
are specified, and amount in the whole to 334 acres; also three messuages, three gardens,
and 62 acres of land in the town and fields of Daviestown near Tallonstown, commonly called
the Churchland, in the county of Louth; and three messuages, three gardens, and 62 acres,
in Heighlin in that county, and two messuages and two gardens in the town and franchises
of Dundalk, to hold to them and their successors to the use of them and their successors for
ever, yielding a rent of 5s. yearly to the King by equal portions at Easter and Michaelmas;
and because they and their predecessors had used to maintain, with the profits and rents of
the premises, certain men serving in divine worship in the church of St. Peter within the
town, the King willed, and they covenanted and granted to and with him and his heirs, that
they and their successors should pay or cause to be paid, annually, for ever, of and out of the
premises granted, to six singing men (beyond and beside the organist and parish clerk in
the said church then appointed), and also to three boys, choristers, therein to be appointed,
the salaries, or yearly pensions, following, viz. to each singer £6, and to each chorister four
marks annually for ever; and also to repair the manse, or mansion-house, in or near the
church-yard of the church of St. Peter then being, and above granted, in such manner and
form, in such manner as to Christopher Archbishop of Armagh, and the King's almoner,
should seem expedient, for the convenient habitation of the singers and choristers in the said
church to be appointed.
Also that the mayor, sheriffs, burgesses, and commons, might divide and distinguish them-
selves into different guilds and fraternities, according to their conditions, arts, and mysteries,
each with its own vestments and ensigns, and a distinct hall or place where the brothers of
the guild might assemble, and that each should yearly appoint a master and two wardens, and
each separate guild plead and be impleaded in all the King's courts within the town, and
make rules, laws, and ordinances, for the good government and common benefit of the same
guild, and impose reasonable fines, or punish by imprisonment persons violating them; (such
fines to be to the use of the corporation of Drogheda;) and that each guild should be directed
and governed in all things by the mayor of Drogheda for the time being.
It was also granted, that all, free of the town, or inhabiting within the franchises, should be
free of toll, lastage, passage, pontage, and stallage, through all ports of the sea, as well by land
as by water, within the towns of Ardee and Dundalk, and all the King's dominions and
possessions; and that they (the corporation) should have, to assist in repairing the bridge of
the town, all fines before justices of the peace there; and for repairing the bridge, and also
the walls, towers, keys, and pavements of the town, of all merchandise imported into the town
or port, and exported therefrom, as well by land as water, the customs therein specified.
Two yearly fairs were granted, one on the feast of St. Barnabas and five days following,
the other on the feast of St. Luke, and five days following, but should either of those days
happen on Sunday, then to begin and be held on the Monday next ensuing, with all liberties
and free customs, profits, revencions, advantages, benefits, and emoluments, thereto belonging.
This charter also granted and confirmed all the lands, tenements, and hereditaments,
revenues, tenements in fee, fee-farms, customs, tolls, franchises, liberties, rights, jurisdictions
of admiralty, and the profits of the said royalties, &c., by former patents granted, or thereto-
fore enjoyed by reason of any usage or legal prescription.
"THE TOWN
QF
DROGHEDA.
* * * *-
King William III., by charter dated the 22d March, 10 William III. (A. D. 1697,) enrolled William III.
in Chancery, (Rot. Pat. 10Will. III. p. 2, m. 9,) set forth a petition of the corporation, stating,
that there were then but two charter justices, (the mayor and recorder;) and that the limits of
their lands were almost lost by length of time; also the attorney-general's Report on the
petition, a summary of several of the privileges of the corporation, and an inquisition taken
at Drogheda on the 25th May 1697, of the corporation estates; and he confirmed the
recited and all other their privileges and properties, and granted anew the power of
dividing themselves into guilds of trades, &c., and the exemption from toll, &c. w
He further granted, that the mayor of the staple, and two of the senior aldermen, who
have served in the office of mayor, (to be elected by the table of aldermen,) shall be justices;
and that the quarter sessions may be held before the mayor and any one justice; except in
matters concerning life or praemunire, when the recorder shall always be present.
The corporation property granted, confirmed, and set forth in this charter, consisted of
187 houses, messuages, and tenements, 23 gardens and orchards, and 128 parks, crofts, and
other closes, making in all 338 holdings in the town and county of Drogheda, the contents
of which are not specified, and 45 other holdings, the contents of which are specified, and
amount in the whole to 230 A. l. R. 15 P., besides the old guildhall, the tholsel, some
tenements not enumerated, the Augustinian Friary, the vicarage-house and garden of St.
Peter's, St. Lawrence's hospital, St. James's hospital, and St. Mary's hospital, two water
mills, the Alderman's Acres, and the Justices' Parks, the farms of Townrath, Killameer, and
Mannimore, the town commons on the Uriel side, containing 100 acres, and the commons on
the Meath side, called the Cowley's, containing 37 acres; the Mill Mount on the Meath side,
the town walls, the gatehouses, turrets and towers upon the walls, the town ditch, and the
wastes and vacancies therein.
Also, a house and garden near the church of Moylory, in the barony of Ferrard; the
impropriate tithes of the parish of Emesmott, in the barony of Slane, in the occupation of the
sheriffs; five fee-farm rents arising out of the free school of Drogheda and other messuages in
the town, amounting to £6 9s. 5d., a fee-farm rent of 5s. payable by the vicar of the collegiate
M. C. I. 9 U
COUNTY OF
THE TOWN
812 $ REPORTS FROM COMMISSIONERS ON
OF
DROGHEDA.
William IV.
** New Rules.”
Books of
Proceedings.
CoRPORATE Body,
Style.
Classes,
church of St. Peter's for three messuages, three gardens, and 62 acres of arable land in
Davistoun; also three gardens and 60 acres of arable land in Lisconnymore, and Plaudin
Plandon, and Little Lisrainy, one messuage and seven acres of land in Haynstown, three
acres of land in Reynoldstown; also two messuages, and two gardens within the liberties
of Dundalk, one messuage within Waram's gate, one garden, a homestead joining Seatowne
gate, and “divers other messuages and parcels of land intermixt within the liberties of Dun-
dalke;” also “four acres of land in Reynoldstowne, 11 acres of land in Haggardstowne, 300
acres of land with divers tenements in and about Carlingford and land of Haglin.”
These, the charter stated, were all contained in a particular signed by the auditor and
deputy surveyor-general, made out for the corporation under the King's letters of the
28th March 1697. *
The reservations of the charter were as follows:
- - •º . #.
For the fee-farm of the town of Drogheda - 2
One messuage in Lawrence Street, and other
parcels called Chantry Lands - tº use
The friary of St. Augustine º gºs **
The Carmelites Friary * * * ſº
The priory of St. Lawrence - sº tº tº
St. Mary’s de Urso - - - tº - 1
The hospital of St. James - wº- º tºº
The fee-farm rent of a parcel of land in Mill-
moate, also Windmill in the county of Meath
i5
O
3
Total yearly rent payable at Michaelmas, stated at 47 18 7
The only subsequent charter we have found is a recent one dated 14th February, 3 Wil.
liam IV. (A. D. 1833,) Rot. Pat. 3 Will. IV. p. 16, m. 129; by which four fairs are
granted, viz. on the second Monday in March, second Friday in April, third Friday in
November, and third Friday in December, with reasonable tolls, and such customs and
immunities as by right or custom to the same belong, at an annual rent of 12s. 4d.
6. The 1st of the “New Rules,” 25 Charles II., directs, “for the avoiding of such tumults
and disorders wherewith popular elections of magistrates are often attended,” that the mayor,
sheriff, recorder, town clerk, and all other officers of the town of Drogheda, shall be elected and
chosen only by the mayor and sheriffs and common council of the town, or the greater
number of the votes of such of the common council as shall be present on the days whereon
such elections are or ought to be made; and it is provided, that no freeman of the town, or
other person, who shall not be of the common council, shall at any time have any vote in the
elections of any mayor, sheriffs, recorder, or town clerk, or other officers in the town; and
that no matter or thing, in any wise relating to the affairs of the town, shall be propounded or
debated in the tholsel or any assembly of the said town, until the same shall have first
passed the common council, and that the persons offending against this rule shall be dis-
franchised by the mayor and common council. º
By the 2d of these rules it was provided, that all foreigners, strangers, and aliens, as wel
others as Protestants, who are or shall be merchants, traders, artisans, artificers, seamen, or
otherwise skilled and exercised in any mystery, craft, or trade, or in the working or making
any manufacture, or in the art of navigation, who shall at any time come into the said town
with intent and resolution to inhabit, reside, and dwell, shall, upon his or their reasonable
suit or request made, and upon payment down, or tender of 20s. by way of fine, unto the
chief magistrate or magistrates and common council, or other persons authorized to admit and
make freemen in the said town, be admitted a freeman of the said town;–and, if he or they
shall desire it, of all or any guild, brotherhood, society, or fellowship of any trade, craft, or
other mystery within the same, during his or their residence for the most part, and his and
their families’ constant inhabiting within the said town, and no longer; and shall have, exercise,
and enjoy all privileges and immunities of trading, buying, working, and selling, in as large
and ample manner as any freeman of the said town might have, exercise, or enjoy, by virtue of
his or their freedom. The rule then provides, that the persons so admitted shall be deemed
denizens, and take the oath of allegiance, and the oaths accustomably taken by freemen and
members of such guilds, and pay the like charges and no more; and that if the chief magistrate,
&c., or any master warden, &c., shall refuse to admit them, such officer may be disfran-
chised by the chief governor and council of this kingdom; and such persons, upon tender of
20s. by way of fine as aforesaid, and taking the oath of allegiance before a justice of peace for
the county of Louth, shall thereupon be deemed freemen or members. -
7. Three Books of Proceedings containing the transactions of the corporation, from the first
of April 1649, to the present time, were produced before us, as was also another ancient record
of the corporation, called the White Parchment Book.
8. The Style of the Corporation is “ The Mayor, Sheriffs, Burgesses, and Commons of
the County of the Town of Drogheda.” *.
9. The corporation consists of
A Mayor,
Two Sheriffs,
Twenty-four Aldermen, (of whom the mayor is one,)
And an unlimited number of freemen.
MUNICIPAL CORPORATIONS IN IRELAND. 813
COUNTY OF
< 5.
The present number of freemen is computed at 400, or thereabouts, of whom 153 were
registered under the Reform Act, as resident in the town or within seven miles of the usual
place of election. -
10. The corporation comprises the following Guilds of Trade, viz.
Bakers,
Butchers,
Carpenters,
Shoemakers,
Skinners,
Smiths,
Tailors.
There was formerly a guild of Merchants also. -
11. There is a Select and governing Body called “ the Assembly,” composed of the
mayor, sheriffs, aldermen, and common councilmen, 14 of the latter being elected by the
above guilds, the remainder being “sheriffs' peers,” or persons who have served the office of
sheriff. º
12. The Officers of the corporation, not constituent parts of the body, are–
Aldermen Justices,
Mayor of the Staple, }
Two Constables of the Staple,
Master of the Guild of Merchants,
Two Wardens of the Guild of Merchants,
Two Coroners,
Recorder,
Town Clerk, Register of the Tholsel Court, and Clerk of the Peace,
Swordbearer and Clerk of the Corn Market,
Macebearer and Clerk of the Court of Conscience,
Water Bailiff and Harbour Master,
Chief Constable,
Six Town Serjeants,
Two Bang beggars and Halbertmen,
* Bellower,
Marshal and Gaoler,
Housekeepers,
Auctioneer,
Rent Bailiff,
Caretaker of the Market-house,
Clock-keeper,
Printer,
Curfew-toller,
Treasurer, -
Secretary to the Committee of Accounts,
Receiver of the Commºns,
Two Proctors of St. John's.
13. The Mayor is elected annually, at Easter, by the assembly of the mayor, sheriffs,
aldermen, and common councilmen, to serve for one year from the ensuing Michaelmas.
The charter of William III. recites, that “the table of aldermen enjoyed the power of
electing one of the aldermen of the said town, yearly, to serve in the office of mayor of the
said town.” The present practice may probably be ascribed to the enactment of the “New
Rules.”
The election usually takes place by moving and seconding an individual; in case of
opposition, the election is by ballot. -
The mayor must be elected from among the aldermen, and, usually, the senior alderman,
who has not served as mayor, is chosen. e
No qualification but that of being an alderman is now required; although in October
1707, it was “Ordered, That for the future no freeman of this town shall be put into any
election, or be elected into any of the offices, or places, either of mayor, alderman, or sheriff,
of this corporation, but what shall be resident housekeeper and dweller with his family in
this corporation at the time of his election.”
The mayors have usually been resident, but it has occurred that the mayor has not been a
householder.
If the alderman elected declines the office on the day of election, a new election is imme-
º º upon, and the party declining is subject, under an old bye-law, to a fine
of º -
The approbation of the Lord Lieutenant to the person elected has been uniformly applied
for and obtained in this corporation. The “New Rules” have not rendered that ceremony
necessary. *
The mayor, it is considered, holds till a new mayor is sworn in. The same person has
been re-elected in successive years, but has not served more than twice; and this practice
has not often been resorted to,
THE TOWN
OF
DROGHEDA.
Guilds of Trade. *
Select Body.
Officers.
Election and
Qualification of
Mayor.
‘COUNTY OF
814 REPORTS FROM COMMISSIONERS, ON
THE TOWN
OF
, DROGHEDA.
Sheriffs.
Aldermen.
Aldermen Justices.
Freemen.
By Birth, Servi-
tude, and Marriage.
Deputies have sometimes been appointed, but doubts have been entertained as to the
legality of the appointment, as the charters do not recognise the power.
14. The Sheriffs are elected annually in the same manner as the mayor, and their
election, also, is submitted for the approval of the Lord Lieutenant, though this is not required
under the “New Rules.” The charter of the 14 Henry IV. required that their names
should be returned annually, after their election, to the Chancery.
They are chosen separately, the election of one being concluded before that of the other
is proceeded upon.
The sheriffs must be chosen from the freemen of the corporation at large.
No other qualification is required. There have been instances of persons, not householders,
being elected to the office; but, it is said, they resided with their friends or relatives in
the town.
A freeman elected sheriff, and declining the office, is subject, under a bye-law, to a fine
of £50. &
It was stated to.us, that a person has been elected sheriff, who, it was previously known,
would not serve in the 6ffice. The fine was paid, and went to the general funds of the
corporation.
The same persons have not been re-elected to the office, in successive or subsequent
€a.I’S. &
y Only one instance is recollected of the appointment of an under-sheriff. *
They are not required to enter into securities, although large sums of money may be in
their hands levied under executions. One instance of a defaulting sheriff was adduced, but
the money due by him was paid by his co-sheriff.
15. The Aldermen are elected at special meetings of the mayor, sheriffs, and aldermen,
held in pursuance of a notice given under the statute of the 1 Geo. II. c. 9, s. 9, (amending
the 2 Geo. I. c. 19, s. 9;) the usual period of notice is 14 days; 16 days' notice, however,
under the Act, ought to be given when the election does not take place within 31 days of
notice of the vacancy.
The Aldermen must be selected from the freemen of the corporation at large; they have, for
the most part, been chosen from the body of sheriffs' peers, and not from the representatives of
the guilds; a few instances have occurred of their being chosen from those who were not
members of the common council.
Two of the senior Aldermen who have served the office of mayor are eligible by the “table
of aldermen,” to be Justices of the peace for the county of the town.
Residence is not required as a qualification for the office of alderman, notwithstanding the
order of 1707, above quoted, and that the oath of aldermen contains the following clause,
“You shall be whole and true to our sovereign Lord the King, and to the mayor and com
mons of the town and county of Drogheda and the name of alderman within the said town,
as long as God shall grant you life and health, and while that you be resident within the said
town,” &c. &
Of the present aldermen nine reside outside the county of the town; eight of those reside
within five miles of the town.
16. Admission to freedom is obtained by preferring a petition to the corporation in
“ assembly,” the assembly being composed of the mayor, sheriffs, aldermen, and common
councilmen. ić.
Inhabitancy is not considered as giving a right to freedom.
17. Birth and Servitude are acknowledged as conferring the right. Marriage has not,
within recollection, been insisted upon as conferring it, but this right, also, is supposed to exist.
The existence of all these rights seems, evidently, to have been assumed by the
charter of 7 James I., above stated, and the statute of the 15 Henry VII. granting to
the Crown poundage of 12d. per £1 for merchandise (except wine and oil) imported and
exported, which provides (s. 3.) that the Act shall not prejudice “ any freeman of the citie
of Dublin, Waterford, ne of the town of Drogheda, being free by birth, or prentishood, or
marriage, and dwelling within the said cities and towne.”
The right by birth is stated to be in those sons of a freeman born after the father has
become free. The residence of the father at the time of the birth is not required.
The right by servitude is in those who have served an apprenticeship of seven years to a
freeman, and it is considered that the service should be in one of the trades of the guilds into
which the corporation is supposed to be divided. The indentures must be entered in the
town clerk's office, but a complete enrolment is not required.
A fee of 5s. to the town clerk is paid on the entry. gº
Though the apprenticeships have generally been served in the town, yet the residence of
the master in the town has not been considered indispensable. º
In the year 1770, two persons, named Appleyard and Eccleston, sought their freedom; and
the corporation returned to a writ of mandamus that “the sons of freemen of the said town
are not, by their birth, entitled,” &c., and that “persons having served a legal and accustomed
apprenticeship of seven years to any trade to any freeman of the said town are not, by their
apprenticeship, entitled,” &c.; but it appears that a peremptory writ afterwards issued, under
which Eccleston was admitted to his freedom.
From these proceedings it would appear that the rights to freedom are more extensive than
at present recognised by the corporation. They seem to extend to all the sons of freemen,
and to the apprentices of freemen in any trade. & a 2 tº
Recently, a Roman Catholic, who claimed as having served his time to an alderman of
MUNICIPAL CORPORATIONS IN IRELAND. 815
COUNTY OF
the corporation as a “calendar-man,” petitioned for his freedom, and two objections were
raised, 1st. That he was a menial servant, and not an apprentice; and, 2dly, That a service
to a calendar-man did not give a sufficient title; these questions were referred to a jury of the
corporation, who decided against the claimant.
18. Persons are also admitted by Grace Especial upon petitions. -
On such occasions it is usual for the parties petitioning to canvass the members of the
assembly.
Religious persuasion (being of the Established Church) has, according to the prevailing
practice, been considered a qualification; a few Roman Catholics have, however, been
admitted; we could not ascertain the number admitted from 1793 to 1829, but it was con-
fessedly very small; from 1829 to 1833 two only were admitted.
We were furnished with the names of three respectable Roman Catholic residents, two of
them merchants, the other a physician, whose petitions for admission were refused.
There are some Presbyterians, and other Protestant Dissenters, members of the corporation,
but the number is inconsiderable. -
With regard to the rejections, the town clerk stated, “that he thought claimants had been
rejected on the ground of political feelings, but he would not say on account of their religion,
there having been instances to the contrary; but that he felt a difficulty as to stating this,
when he reflected on the rejection of the two Roman Catholic merchants referred to, who
could not have been rejected on the ground of political feeling.”
Residence is not now considered a necessary qualification; but it evidently was so
formerly. - -
In 1661, an order of the general assembly was made to dispense with it; but, by an order
of assembly in 1697, it was required, that at the time of any persons being sworn free, every
person should, for the future, sign an instrument, under his hand and seal, to the mayor for
the time being, wherein he should declaim any benefit of his freedom longer than while he
did dwell, reside, and inhabit in the town.
We had an opportunity of comparing the form of oath now administered to freemen, with
that in use in ancient times. The ancient oath contained this proviso, “You shall continue
to be free no longer than while you are resident within this town :” these words are omitted
in the oath now administered. The alteration may be traced to a resolution of the assembly
in January 1773, by which it was expressly “Resolved, that that part of the oath of freemen
of this corporation, which bars them from claiming the right of freedom longer than while
resident in this town, be expunged, and that the instrument, heretofore signed and sealed by
freemen on their being sworn, be, for the future, discontinued.”
It is required in all cases of a party seeking the freedom, that he should present a
to the assembly, setting forth the grounds of his claim.
19. The town clerk informed us, that in case of claiming freedom by birth, “it must be
set out in the Petition that the claimant is a Protestant of the church of Ireland as by law
established, where the fact is so ;” he said “he did not mean, that if the party were a
-Roman Catholic, or if the statement were omitted, his claim would be rejected for that reason;
but that the form of the petition was such.”
20, The petition must be lodged with the town clerk; he submits it, in the first instance,
to what is termed a “Post Assembly,” composed of the mayor, sheriffs, and aldermen only,
who exercise a discretion of “Cushioning” it; which means, that the town clerk is not
authorized to bring it before the general quarter assembly, held the next day, and
consisting, in addition, of the common councilmen; this discretion is not exercised without a
THE TOWN
OE
DROGHEDA,
By Grace Especial
on Petition,
Petitions.
Cushioning.
mover and seconder, proposing that the petition “be not referred,” and the town clerk.
presents all those petitions, not so megatived, to the quarter assembly. The privilege, it
is stated, is seldom exercised; and the town clerk said he did not recollect, nor had he heard
of any claim by birth or servitude having been so “cushioned.”
21. In all cases when the petition comes before the Assembly, it is required that the granting
of the prayer of the petition should be moved by one member, and seconded by another,
and, without this preliminary, the petition is not entertained. The town clerk, however,
Proceeding in the
Assembly.
stated, that he did not recollect any case of a claim by birth or servitude not having been
entertained by reason of the want of a mover or seconder.
The usual evidence in suppport of the petition is the indenture of apprenticeship and the
master's certificate of the service. The entry in the town clerk's book is examined.
“Notoriety of the fact of service” among the members of the corporation is deemed sufficient.
No restriction is imposed as to the number of apprentices the same freeman may have.
in cases of doubt, as to the right, a jury is impanelled, composed of six members of the
assembly, and six freemen who are not members. This jury is selected by the sheriffs, and
sworn before the mayor; and their finding is considered conclusive with the corporation.
22. Freedom is sometimes conferred by Fiat, (as it is termed,) usually in the cases of
individuals in high official situations, or whom the members of the assembly, for some reason
or other, deem “ distinguished.”
Questions of admission by special favour are disposed of by ballot, when demanded.
In 1818 a notice was given of proposing nearly 100 freemen at the next quarter assembly;
By Fiat or Grace
Especial.
it was not acted upon at that meeting, but many of the individuals were afterwards admitted.
The town clerk, said he had no doubt the notice was given for electioneering purposes, but,
he considered the subsequent admission totally independent of the notice.
In May 1829 there were 22 white beans for receiving, and 12 black beans for rejecting, a
report made by a committee appointed “to select such persons as were willing to pay their
County OF
816 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROG HEDA.
By Statute.
Refusal of Claims.
Fees,
Fines.
- Guilds of Trade.
Bakers.
expenses of freedom, going through the usual forms of petition.” The resolution of the com-
mittee was as follows: , , z
“Resolved, that we feel it our duty, in order to prevent the increase of Popery in this
country, and in order to check the dangerous consequences to our religion and liberties,
should the proposed infringement of our constitution succeed, to recommend to the general
assembly the necessity of admitting the following persons to the freedom of this corporation,
agreeably to the order of Assembly.” t
The names of 67 persons were added, but the report does not appear to have been acted
on further than by the admission of Mr. David M'Cleery (a tailor), of Dublin, and Mr.
Samuel Gray (a publican), of Ballybay, who were considered “ the particular supporters of
Protestantism.”
23. An attempt was made to enforce, in this corporation, the rights to freedom, in artisans,
&c., settling in the town, given by the “New Rules” of the 25 Charles II. and the Statutes
connected with them.
24. The facts were, that, in the year 1830, several persons made the Claim. They waited,
first, upon the mayor, and tendered the sum of £1 each, and offered to take the oaths as
required by the statutes. The mayor asked them, “whether they were prevented from
exercising their different trades and callings within the town” And when they answered,
generally, that they were not, the mayor said, his impression was that they had the franchise
which the statute referred to. They next applied, in person, at the quarterly meeting of the
“Assembly” in July 1830, when it was “Resolved, that this corporation cannot, at this
assembly, take into their consideration the application of different persons, who seek the
freedom of the town under alleged claims arising out of the statute of the 14 and 15 Charles II.,
by reason of said application not having been made in conformity with the regulations
prescribed by the bye-laws of this body, founded on immemorial usage and custom, respecting
the presentation of petitions for freedom; and in case similar applications be preferred to
the mayor, or magistrates, it is recommended that the claimants be referred to the town
clerk, who will furnish them with copies of this resolution, and instruct them in the requisites
to be complied with in forwarding petitions for freedom.” -
We were unable to ascertain in what manner this resolution was acted upon, as the town
clerk of that date had died previously to our inquiry. * *
Several of the claimants went before a justice of the peace for the county of Louth to com-
plete their title, as provided by the statute; but they have not succeeded in establishing
themselves in the enjoyment of the privileges of freemen. At the general election in 1830
they tendered their votes, but the returning officers rejected them on the ground that they did
not appear as freemen in the corporation books. -
One of the number, an Englishman and a Protestant, who settled in Drogheda as a mer-
chant, in business in the corn trade, endeavoured to exercise the right, conceded to freemen,
of tendering biddings at auctions of corporate property; but his perseverance in bidding,
against the repeated directions of the corporate magistrates that he should desist, and his
refusal to quit the room, he states, only ended in his being hauled out and abused by the
serjeants at mace, under the orders of the magistrates, for his interference with the course
prescribed for conducting the sale. -
The number who claimed as “settlers” was about 200, of whom about 50 only made the
requisite tender of £1. -
25. A Fee of 17s.6d. to the town clerk, for his own use, is payable upon all admissions to
freedom. It is required that this fee, together with the stamp duty (of £1 on admission by
birth or service, and £3 on admission by favour,) should be deposited with the town clerk at
the time of lodging the petition, to be returned if the admission be not granted.
26. Formerly, Fines to the corporation were imposed, of 103. on admission by birth or service,
and £1 by favour. These have been discontinued for about 20 years. An entry, in April 1790,
shows that, at that time, it was resolved to require a deposit of ten guineas “to discharge
the fine and fees of admission, and that the amount of such fine as should be laid on by the
general assembly on the granting such freedom should be forfeited out of the said deposit,
unless the petitioner should within one year after the grant comply with the terms of admis-
sion by paying the fine and fees, and taking the usual oath;” and in an entry of the same
date the fine was stated to be £5.
27. Guilds of Trade were constituted under the charter of James I. ; and, about the year
1698, recently after the grant of the governing charter, the corporation granted new charters
to the several guilds now existing.
The entry of these charters in the ancient record of the corporation, called “The White
Parchment Book,” is still extant. The provisions of the several charters are similar to each
other; they appear to be little attended to in practice. -
28. The Guild of Bakers was incorporated by charter, dated 21st February 1698, whereby
the mayor, sheriffs, burgesses, and commons, after reciting the charter of William III., ordained
and appointed alderman E. S. and seven others, bakers and commoners of the town, to be a
guild or fraternity of bakers; that they and their successors should be free of the trade, should
have and build a hall, and elect a master and two wardens yearly, and incorporated them by
the name of “The Master, Wardens, and Fraternity of Bakers.” It empowers them to make
bye-laws for the good government and utility of themselves, to impose reasonable fines upon
offenders thereof, or to punish by imprisonment; the moiety of such fines to be to the use of
the mayor, &c., the other moiety to the use of the fraternity. That none should use or exer-
W
MUNICIPAL CORPORATIONS IN IRELAND. 817
COUNTY OF
cise the trade, science, or occupation “of bakers, mealmen, cooks, &c.” in the town, but such as
were free of the fraternity. It empowered them to punish all faults touching the trade, done
by any of the fraternity, but, in case the master and wardens were remiss, the mayor should
punish; that the fraternity should yield and pay their proportion of every cess, tax, tallage, or
other imposition, and that every freeman of the same trade should pay to the mayor, &c., 10s.
towards the maintenance of the said town, and should be sworn a freeman of the said town
before he should be admitted free of the said fraternity; the charter further required them to
attend on the mayor, and to elect two of their members to the common council.
The guild of Bakers now consists of a master, two wardens, and 26 members. A beadle is
appointed to act as door-keeper; and the master acts as treasurer to the guild.
The mode of admission is by petition to the master and wardens.
If the petition be for admission by grace especial, it states, that the applicant is a resident
of the town and free of the corporation at large. The rights of birth and servitude are allowed,
but not that of marriage. - -
The only qualification necessary is that of being free of the corporation at large, or of being
entitled to freedom; not one of the members of this guild follows the trade which its name
imports. -
Fees of 6s. 8d. to the guild, and 2s. 6d. to the beadle, are paid upon admission by birth or
service: £1 6s. 8d. to the guild, and 2s. 6d. to the beadle, upon admission by special favour.
The master and wardens are elected annually; in practice the senior warden becomes the
master for the ensuing year, and the junior warden becomes the senior.
There are no funds besides the amount of admission-fees, which are spent on the entertain-
ment of the members. There is no interference with the trade of bakers; any rules, or bye-laws,
made, have reference merely to the admission of members and the election of representatives
to the common council. Eligibility to the common council as representative of the guild,
and the power of voting at such elections, are the only advantages now derived from being
a member. Quarterage was formerly received by the guild, but has not been claimed for the
last half century. - -
The members are sworn before the master and wardens. No fines are levied by the
guild. -
29. The practice of the guild of Butchers is, in all respects, similar to that above described
as to the guild of bakers. The number of members is about 26; not one of whom follows the
trade. -
30. The number of members in the guild of Carpenters is 40; nine are of the trade. The
entrance fee is £1 11s. 7d., made up of £1 2s. 9d. for what is called “a treat;” 6s. 8d. to the
guild, and 2s. 2d. to the beadle. The sum of £3 10s. is now in the treasurer's hands.
31. The regulations of the guilds of Skinners and Glovers, Shoemakers, Smiths, and Tailors,
are similar to the above, and few of the members of these guilds are of the trades.
Frequently the same person is free of several guilds, and, in some instances, of all.
In three instances only has it happened that the person representing a particular guild in
the common council is of the trade of that guild, and it is acknowledged that this has been
merely casual. -
32. One portion of the Common Councilmen, as has been stated, is elective, each of the seven
guilds of trade returning two members. These 14 members, once elected, hold for life. In
case of a vacancy the guild returns three to the general assembly, from whom that body
selects one. The persons so returned must be both free of the corporation generally, and
members of the respective guilds. º
If any of these representatives should be elected sheriff or alderman, a vacancy would be
created in the council. -
The rest of the common councilmen are styled “sheriffs' peers,” being freemen who have
served the office of sheriff; and these, also, hold for life. In 1833 there were 29 sheriffs'
peers, and, in all, 43 common councilmen.
We did not discover any bye-law of the corporation made subsequently to the charter of
William III., by which the number and election of the representatives of the guilds of trade
in the common council have been regulated. Under the provisions of the charter of the
7 James I., however, similar guilds had been created, and, by a bye-law of July 1662,-
“It is enacted, that there be a common council chosen to represent the commons in all
general assemblies; and, to that end, that 24 persons be forthwith chosen, two out of the
commons of each particular fraternity, except the merchants, who are to make choice of six
persons; whereof they, or any twelve of them, are to represent the commons of this corpo-
ration; and all such acts or ordinances as the mayor and aldermen, with the common council,
as aforesaid, shall make, to be binding to the whole corporation; and that none, but such as
inhabit in the corporation, shall be made choice of; and that the masters and wardens of the
several fraternities do call a hall, and make a return of the mames of such persons as shall
be chosen unto Mr. Mayor, within twenty days, upon pain of £5 upon every fraternity so
neglecting, except the merchants, who are to do it by that time upon pain of £10 sterling ;
and that, when it shall happen any of the aforesaid number do die, or remove out of this
corporation, that then the said several fraternities, for supply of such vacancy, shall and may
have power to proceed to the election of others in their stead in like manner as above is set
down.”
The existence of a common council is expressly recognised in the “New Rules,” (1672.)
It is observable that the present constitution differs very materially from that prescribed by
the bye-law of 1662. g . .
M. C. I. 9 X
THE TOWN
º
DROGHEDA.
Butchers.
Carpenters.
Skinners, Shoe-
makers, Smiths,
Tailors.
Common Council.
COUNTY OF
81:8. REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Mayor of the
Staple.
Constables of the
Staple.
Master of the
Guild of Merchants.
Wardens of the
Guild of Merchants.
Coroners.
Recorder.
Town Clerk.
*...
Swordbearer:
Macebearer.
Water Bailiff and
Harbour Master.
£hief Constable.
One of its most material provisions is, that none but those that inhabit should be made
choice of, and that those who “removed” should vacate their office. And in conformity with
this, the oath of a common councilman, to this day, is “ you shall truly, honestly, and
indifferently behave yourself as a common councilman within this corporation, [to which you
are now elected for the corporation of —— ,] so long as you be resident and inhabitant
in the said corporation,” &c. But, notwithstanding, residence is not considered a necessary
qualification, nor is there any instance known of a party being amoved for non-residence.
The same oath, mutatis mutandis, ſomitting the words in brackets,) is administered to the
sheriffs' peers, and residence is not required of them. - * a
All the representatives of the guilds, in 1833, happened to be resident, save one, who lived
within eight miles of the town, and in the county of Louth. Several of the sheriffs' peers
were non-resident. - -
The common councilman’s oath requires of him to “keep secret” the “council of the
corporation.”
There is no Roman Catholic an alderman, or member of the common council. There is
one Presbyterian a member of the council.
No fee is payable upon being chosen to the offices of sheriff, alderman, or common
councilman.
33. The mayor of one year is nominated Mayor of the Staple for the next. The sheriffs of
one year become Constables of the Staple in the next.
34. The mayor of the staple of one year is appointed Master of the Guild of Merchants in
the year following; and the constables of the staple, Wardens of the Guild of Merchants.
These appointments are made by the assembly. The offices are merely nominal; no
actual functions being exercised, or privileges acquired, with the exception that the mayor of
the staple is, by the charter of William III., a justice of the peace within the county of the
town.
35. The charter empowers the corporation to elect two of their freemen to be Coroners
within the town, to be sworn before the mayor. The practice is, for the assembly to appoint
annually the sheriffs of each preceding year to be coroners for the next. -
36. The Recorder is elected by the assembly of the mayor, sheriffs, aldermen, and common
councilmen, specially summoned for the purpose; in form the election resembles that of
mayor and sheriffs. .
He must be a barrister. The charter of William III. recites that “ The recorder being
always a lawyer, his attendance is mostly in Dublin.” Residence, or being free of the
corporation, is not required of him. The present recorder resides in Dublin; but attends at
the quarter sessions, when required by the mayor.
The late recorder (when returned for the borough to Parliament) appointed a deputy, who
was a barrister; but no other instance is recollected of a deputy having been appointed. The
charters do not recognise such a power.
37. The Town Clerk, who is also register of the Tholsel Court of Record, is elected by the
assembly to both offices at one and the same time. He is also clerk of the peace; the
corporation claim the office of custos rotulorum of the county of the town, and in this right
appoint him.
He is elected for life. He has, invariably, been selected from the members of the assembly,
but it does not seem necessary that he should be a member. The present town clerk is one
of the aldermen. - -
The office, being considered lucrative, has been the occasion of contest among the members.
At the time of the election of the late town clerk, there were two other candidates for the
office; but he entered into an arrangement with one of them, in order to prevent a successful
competition on the part of the other; and it was stipulated, that the party withdrawing
should receive a portion of the salary and fees of the office, performing occasionally some of
the duties. The assembly did not openly sanction the arrangement, but the members,
generally, were aware of the fact of its having been entered into. -
There was no actual contest upon the election of the present town clerk, he having brought
a number of his friends in the assembly from a considerable distance, and thereby secured a
large majority.
38. The Swordbearer, who also acts as clerk of the corn-market, is appointed by the assembly.
He is chosen from the sheriffs' peers, or other common councilmen, and, upon his election,
vacates his seat in the assembly. But though this practice has been uniform, the restriction
as to his being a common councilman is not considered obligatory. He is chosen annually,
but the same person is usually re-elected.
39. The Macebearer, also, is elected annually, by the assembly, and the same individual is
usually re-elected. He is also clerk to the mayor in his Court of Conscience, the two offices
being always united. This officer is uniformly chosen from the common councilmen, and
vacates his seat in the assembly upon his election.
40. The offices of Water Bailiff and Harbour Master have been constantly filled by the
same person. He is elected by the assembly, and is usually chosen from the corporation at
large, and holds for life. If a member of the assembly, the acceptance of this office does not
vacate his seat. -
41. The Chief Constable is appointed by the assembly to hold during good behaviour. He
also performs the duty of billet-master. - -
He is not required to be a member of the corporation. The present chief constable was
MUNICIPAL CORPORATIONS IN IRELAND. 8:19
COUNTY OF
a stranger, and appointed upon the recommendation of the police magistrates of Dublin, to
whom the mayor applied. -
42. The six Town Serjeants, two Bang-beggars and Halbertmen, and the Public Crier
or Bellower, are all appointed by the assembly to hold during good behaviour.
43. The Marshal of the Tholsel Court is appointed by the assembly for life. This office is
united with the governorship of the gaol; the appointment to which latter is in the sheriffs.
The present officer is a freeman, but no qualification is required of him. He does not
give security for the performance of his duties as marshal.
44. The Housekeepers of the mayoralty house, the Auctioneer, Clock-keeper, and Printer,
are all appointed by the assembly. The auctioneer, clock-keeper, and printer, are members of
the assembly, but their being members is not considered necessary. The housekeepers are
relatives of members. The Rent-bailiff also is appointed by the assembly; he is usually one
of the town serjeants. The sexton of St. Peter's Parish is the Curfew-toller.
45. The Treasurer is appointed by the assembly annually; but the same individual is
usually re-elected. He is generally one of the aldermen. .
The office is one of considerable responsibility, as well as being one of the most lucrative
in the appointment of the assembly.
The nominal treasurer at present is Mr. John Cooper, who was first elected in April
1815. The actual treasurer is Mr. Ralph Smyth.
Upon the death of the former treasurer these two gentlemen were candidates for the office
with Mr. John Leland; and Mr. Cooper succeeded against Mr. Leland by a compromise
with Mr. Smyth, who had considerable influence in the assembly. The terms of com-
promise were, that Mr. Cooper,should be elected, and, without performing any part of the
duties, should receive a portion of the emoluments from Mr. Smyth, by whom the business of
the office was to be conducted. Accordingly, Mr. Cooper has not in any way interfered in the
performance of the duties, although receiving a share of the emoluments. Upon his first
appointment he was required to give security for £2000, but that security has long since
expired, and has not been renewed upon his annual re-election. The reason assigned
for not requiring new securities is, that the assembly are satisfied with the solvency of
Mr. Smyth.
46. The office of Secretary of the Committee of Accounts has been created in modern times;
the appointment is made by the assembly; and a sheriff's peer, or other common council-
man, is usually elected, though the office is said not to be confined to members of the
assembly. In September 1832, the secretary was elected to the office of mayor, and then
another was appointed, but it was understood that, on the expiration of his mayoralty, the
former secretary would be reinstated.
47. The Receiver of the Commons is appointed by the assembly, and is usually a member
of that body. He holds during good behaviour.
48. The Proctors of St. John's are appointed by the assembly, in the first instance, for three
years, but they usually continue much longer in office. The two present proctors have been
in office since 1817. They, also, are members of the assembly.
49. The Mayor, as head of the corporation, presides at the assemblies.
He is first in all commissions of oyer and terminer, and all other commissions issuing
form the superior courts in Dublin to the county of the town.
He is a justice of the peace for the county of the town, and with one or more of the other
justices is empowered to hold the sessions of the peace, but not without the recorder in
“matters concerning the life of any man, or praemunire.”
He is, (with the sheriffs,) a judge of the Tholsel Court.
He is judge of the Court of Conscience under the 30 Geo. III. c. 39, s. 23, and also of the
Court of Pie Poudre. -
He is escheator and clerk of the market within the county of the town.
He has also, under the provisions of 30 Geo. III., jurisdiction over the baking trade within
the town and liberties.
A mayoralty house is provided in the town as a residence for the mayor, if he choose to
occupy it during his year of office; it appears, however, that for many years (with two excep-
tions, viz. in 1824 and 1826) the house has not been occupied by the mayors, but has been in
the care of the “housekeepers,” who have allowances from the funds of the corporation.
The mayor has at present a salary of £150, and no other emolument.
Prior to 1827, the mayor had a salary of £50 a-year, together with the proceeds of
“cranage,” which he was allowed to appropriate, and which he usually farmed out to others at
a rent; the assembly, viewing this as inconvenient and derogatory, then voted, in lieu of the
former salary and allowance, a salary, at first, of £200 a-year, but reduced in 1829 to its
present amount. -
Formerly, the mayor entertained the corporation and his friends at a public dinner, and the
expense incurred was subsequently voted to him out of the corporate funds. This practice was
put an end to in 1816. We find an order in October 1790, “that instead of the remaining three
sessions for that year, two dinners be given, one at the spring, and the other at the summer
assizes; and that the like mode be continued;” but that order was rescinded in July 1792;
and in that year it was resolved unanimously, that it was the intention of the corporation, in
voting his salary to the mayor, that he should give five entertainments on particular days;
and that the then mayor not having given the entertainments, what remained of his salary
*::::should be withheld and applied as the assembly should think proper. 9
M. C. I. *-*
Town Serjeants,
Bang-beggars,
Bellower.
Marshal and
Goaler. . .
Housekeepers,
Auctioneer, Rent-
bailiff, Clock-
keeper,
Printer, Curfew-
toller.
Treasurer.
Secretary to the
Committee of
Accounts.
Receiver of the
Commons.
Proctors of St.
John's.
Functions and
Emoluments of
Mayor.

CouſNTY OF
820 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Sheriffs.
Aldermen,
Freemen.
Common Council.
Bye-laws.’
jury.
50. The Sheriffs are the returning officers of the county of the town, and perform the
ordinary duties of sheriffs of counties. They are constituted, with the mayor, judges of the
“ Tholsel Court of Record.” - - t
The Sheriffs have not any salary from the corporation. They receive, in addition to the
ordinary fees upon executions, an annual salary of £10, presented by the grand jury at the
assizes, under the provisions of 4 Geo. IV. c. 43, in satisfaction for all services and
expenses in their office, for which any presentment might before have been made by the grand
51. The principal functions of the Aldermen are those which they perform as members of
the “Assembly” or “Common Council,” by which the corporation is now wholly governed.
The aldermen, alone, are eligible to the offices of mayor and deputy mayor; and those who
have served as mayor, to the office of charter justice.
The “Table of Aldermen” are supposed by the charter of William III. to have the power of
electing the mayor; but, under the “New Rules” of 25 Car. II, this power was vested in the
mayor, sheriffs, and common council, by whom it is at present exercised. They also assume
the power of “cushioning” petitions for freedom, in the manner already noticed.
They have no official salaries, but enjoy, with the other members of the corporation, an
exemption from the payment of tolls and customs, and the privileges upon the letting of the
corporate property hereinafter noticed. Each of the 16 senior aldermen, also, holds for life
one of 16 acres, called “Aldermen's Acres,” from which they derive an annual income of
£3 each.
52. Those members of the corporation, (except honorary Freemen admitted since March
1831,) who reside in the town or within seven statute miles of the place of election, are entitled,
when registered under the provisions of the Reform Act, to vote at elections for Members to
serve in Parliament for the county of the town.
Persons free of the guilds of trade have the power of returning representatives to the
common council, as already mentioned. This is the only portion of corporate power now left
in the body of freemen.
The aldermen, sheriffs, common councilmen, and coroners, must be selected from the freemen.
The freemen are entitled by charter to a general exemption from toll, which, in Drogheda,
has been a very valuable privilege to those engaged in trade.
In 1701, an order of assembly was made, “that Papist freemen should pay toll, and their
goods be seized if they refused.” &
The freemen enjoy the advantage called the “Freeman's Right,” on the letting of corpo-
rate property, and an exclusive right to derive assistance from some charitable funds, under
the control of the corporation.
53. Regulations made by the general assembly are considered to have the force of bye-laws;
and the entire management of the affairs of the corporation is under their control. No distinc-
tion appears to exist between the powers of the aldermen and the other members of this body.
The regular meetings of the assembly are held quarterly, viz., at Easter, Midsummer,
Michaelmas, and Christmas.
Special assemblies may also be held for any particular purpose, upon requisition to the
mayor, signed by not less than 20 members of the assembly, and such requisition is considered
compulsory. The mayor may also, without requisition, call a meeting to consider any measure
which he may think worthy of immediate attention.
The mayor, (or his deputy,) and one of the sheriffs, must be present at all meetings;
some of the aldermen have always been present, but it is not known whether, the presence
of any definite number of them is indispensable; 12 common councilmen must be present.
54. The corporation have exercised the power of making “Bye-laws,” from the earliest periods
to which their records have reference. This power, which originally belonged to the corpo-
rate body at large, was, in 1662, delegated to the select body or “assembly,” in the manner
we have already mentioned in treating of the election of the common council.
Some of these bye-laws have been made for the regulation of the police, &c., of the munici-
pality, and are published; but others, which affect the internal management of the corpora:
tion, are merely entered in the records of the proceedings of the assembly, and are considered
to be binding upon all members of the body at large., . Bye-laws are only made upon quarter
º or upon adjournments of meetings of the assembly held upon those days.
o constitute a valid bye-law, it is necessary that it should be passed in full assembly, and
duly entered in the “Assembly Book.” The mode of passing a bye-law is by proposing and
seconding a resolution reduced to writing; the mayor puts the question; if opposition be given,
the question is decided by ballot.
The town clerk, at the time, enters all resolutions and proceedings in a memorandum book;
they are very shortly afterwards entered more fully, but not varying in substance, in a book
called the “Acts of the Assembly,” and signed by the mayor, sheriffs, and a few aldermen
and common councilmen.
Those acts are then read at the next ensuing assembly, to afford the members an oppor-
tunity of ascertaining if they are accurately transcribed; corrections may be, but are not usually
made. At the end of the mayoralty, and previously to the new mayor being sworn into office,
copies are prepared of all the preceding year's minutes of proceedings, and these are care-
fully compared with the originals by the town clerk, and such members of the assembly as
may attend upon a summons which is issued for that purpose. . Upon their being found
correct, the members of the assembly then present sign the copies, and also the original
minutes; these latter are then kept as of record in the town clerk's office. The mayor then
.#
MUNICIPAL CORPORATIONS IN IRELAND. 821 COUNTY OF".
- THE TOWN
orders that they be entered in the large volume, called the “Assembly Book,” with these QF
words: “The foregoing acts having been approved of, the same are ordered to be entered as is DROGHEDA.
usual.” There are thus four documents which are considered by the corporation to be
authentic evidence of their proceedings. - -
A new bye-law can be proposed without previous notice, but it is usual to intimate the
intention of doing so to the members. Motions for money grants, or for the repeal of an old
bye-law, cannot be brought forward without notice of the motion having been given to the
assembly, upon the preceding quarter day.
Members of the assembly are eligible to the office of Harbour Commissioner.
55. The Coroners' duties are those ordinarily attached to the office, and entitle them to the Coroners.
usual fees. Those upon inquests, under 1 Geo. IV. c. 28, 4 Geo. IV. c. 43, 5 Geo. IV. c. 93,
and 6 Geo. IV. c. 52, have not been presented by the grand jury, owing to the inability of the
district to bear the expense. - -
56. The Recorder is a justice of the peace for the county of the town, and one of the judges of Recorder.
the court of sessions of the peace, and no case “concerning the life of any man, or praemunire,”
can be tried there in his absence. He is the assessor of the mayor and sheriffs in the Tholsel
Court of Record. -
He is also required to advise the mayor, generally, in the discharge of his duty.
He has a salary of £50 a-year from the funds of the corporation. The salary had been
£100, but in 1829 was reduced to its present amount.
He does not receive any fees as assessor in the Tholsel Court.
The recorder receives a fee of two guineas upon the perusal of each lease made by the cor-
poration; this is paid by the corporation, and not by the tenant.
He also receives fees upon other occasions, when engaged professionally in the business of
the corporation. -
57. The Town Clerk must attend all corporate meetings, take minutes of all proceedings, and Town Clerk.
subsequently enter them in the books of “Assembly.” He has the custody of all the records
and deeds belonging to the corporation.
As register of the Tholsel Court, he enters the rules, and files the pleadings in that court.
His functions as clerk of the peace are similar to those performed by that officer in other
counties.
The town clerk has a salary of £25 a-year from the corporate funds; it was reduced, in
1829, from £33 6s. 2d. to its present amount.
As town clerk, he has the drawing of all leases made by the corporation, and the charges
thereon. His fees are, for the draft, 13s. 4d. (Irish;) for the engrossing of both parts, three
guineas; for the inscription of the map on each part, 10s. (Irish;) the usage is said to be
immemorial, that the town clerk, and not the tenant, should have the drawing of the deeds.
He has also a fee of 17s.6d, upon admissions to freedom, and 5s. upon entering indentures of
apprenticeship. -
He is also paid for general business performed for the corporation; for instance, for pre-
paring the return of the mayor, sheriffs, &c., to be submitted to the Lord Lieutenant; the
granting of freedoms by fiat, &c. His bill of charges is paid annually.
As register of the Tholsel Court, he has certain fees upon the proceedings in that court.
The average annual amount for the last seven years does not exceed £14. A statute was
made in the 33 Henry VI. c. 2, (printed,) enacting that the recorder or clerk of Drogheda
should take for the copy of a plaint but 20., on the pain therein mentioned.
As clerk of the peace, he receives an annual salary of £45 (Irish), payable half-yearly, and
presented by the grand jury at the assizes, under the Act of the 4 Geo. IV. c. 43; he is,
besides, entitled, under various Acts of Parliament, to fees for the duties thereby imposed
on him.
The present town clerk states, that the average amount received by him from salary, fees,
and other emoluments arising from his various offices, does not exceed, yearly, £150, out of
which he pays a clerk; and he is obliged to keep an office open at all times, as required by
the 7, 8 Geo. IV. c. 67, s. 12.
The present town clerk is an attorney, and the law agent of the corporation, a situation
which he filled previously to his election. He has not any salary as such, but is pai for
business performed in his profession.
58. The duty of the Swordbearer is merely to attend the mayor on state occasions. Swordbearer.
As clerk of the corn market, it is his duty to strike the weekly averages of the price of corn
according to the statute regulating the assize of bread in Drogheda.
The swordbearer is now paid, wholly, by a salary of £60 a-year. His salary was £52 10s.,
and, in 1829, was reduced to £40 a-year. He formerly enjoyed certain perquisites in the corn-
market, and an additional sum of £20 a-year has been voted to him in lieu of them. The
perquisites, however, had ceased before 1829, having been opposed as illegal exactions.
59. The Macebearer is bound to attend the mayor and corporation, and acts as clerk to Macebearer.
the mayor in his Court of Conscience, held twice in the week.
He has a salary of £16 a-year; prior to 1829 it was £21 a-year. He has also fees upon
proceedings in the Court of Conscience, which, it is estimated, average annually about £45.
60. The duties of the Water Bailiff are, to execute writs or process on persons or property on Water Bailiff and
board of shipping in the harbour. As Harbour Master, he has the regulation of the port or Harbour Master.
harbour, and of the vessels frequenting the same; and it is considered his duty to provide
the captains and masters with planks, tubs, beams, scales and weights; to protect the quays
822. REPORTS FROM COMMISSIONERS ON,
DRoãňEDA.
Chief Constable.
Town Serjeants,
Bang-beggars,
Bellower.
Marshal and
Gaoler.
Housekeepers.
Auctioneer.
Rent-bailiff,
“Caretaker of the
Market-house.
Clock-keeper.
Printer.
“Curfew-toller.
Treasurer.
Secretary to the
Committee of
Accounts.
from injury by ballast being thrown thereon; to be answerable for the conduct of the coal-
porters; and to investigate any complaint that may be made against pilots, so as to report the
same to the mayor. -
His salary is £35 per annum. It was reduced (from £50 Irish) to that amount in 1829.
He has besides, various fees connected with the performance of his duties, the average receipt
. which is said not to exceed £80 per annum, after the payment of an assistant and other
charges.
61. The Chief Constable acts under the control of the mayor in superintending the police of
the town, and, particularly, the establishment of the nightly watch, the regulation of which is in a
great measure confided to him. He attends at the tholsel daily, waits upon the mayor and magis-
trates, sees that all Crown warrants are put into execution, and, in case of riot, &c., attends,
with the police under him, to keep the peace. He also acts as Billet-master. For performing
the duties attached to the three offices, he has a salary of £60 per annum from the corpora-
tion, with the use of a house attached to the watch establishment.
62. The Town Serjeants, &c., are under the control of the mayor and magistrates, and act
immediately under the chief constable in the preservation of the peace. The town serjeants
devote their entire time as policemen, with the exception of one, who is, also, rent-bailiff,
caretaker of the corn-market house, and an auctioneer. The Bang-beggars are required to
act particularly in the removal of beggars; one of them is also employed in the nightly watch.
The town serjeants have yearly salaries of £20 (Irish currency) each, amounting in the
whole to £110 15s. 43d. They receive ls, on each attachment from the mayor's Court
of Conscience, and 1s. for every “action” from the Tholsel Court executed by them; besides
which, they are clothed at the expense of the corporation.
The bang-beggars receive, as such, £21 yearly, and as halbertmen £5 10s. 9%d. between
them; the Bellower, É5 10s. 9%d. They are, also, clothed from the corporation funds. The
bellower receives from the public, when employed as a crier, gratuities, varying according to
the services performed. -
63. The duty of the Marshal of the Tholsel Court is to execute and return its process; he
has the custody of body or goods attached under writs issuing from that court. The office has
invariably been filled by the governor of the gaol of the county of the town, in which capacity
he is paid £80 a-year late currency, by grand jury presentment; out of this sum he
pays a ºnkey £20 a-year. He has no fees except 1s. 6d. for a copy of each committal when
I'COUIII CC1.
%. salary of the marshal had been £18 .19s. 2%d, but it was reduced in 1829 to £10
a-year, at which amount it still continues.
He receives fees as marshal, viz. upon the return of each action executed, 3s. 1d. ; on issue of
each precept for sale of goods, 2s. 2d.; and 1s. in the pound upon the amount of the sale of
all goods sold by virtue of a precept out of that court.
64. The Housekeepers receive a salary of £25, with an allowance of five tons of coals
annually, having, besides, the advantage of the residence, which is seldom actually occupied by
the mayor. -
65. The corporation Auctioneer is required to give his attendance upon all public lettings
of corporate property by auction; also at the lettings of the gate-customs, scavengering, &c.
He is paid a salary of £10 a-year by the corporation in lieu of fees, by which he was for-
merly remunerated. This arrangement is considered to have effected a saving.
'66. The Rent-bailiff, formerly, was the senior town serjeant, who received a larger salary
than the others. A junior serjeant has recently been appointed to this office. His duty is
to warn the tenants to pay their rents to the treasurer, and, generally, to act under his orders.
This officer also holds the office of Caretaker of the Corn-market House, under the
appointment of the assembly, and is, besides, a licensed auctioneer.
As rent-bailiff, he has £5 a-year in addition to his one-sixth of the grant made to the
town serjeants, and his fees as town serjeant; as caretaker of the corn-market house, he has
a salary from the corporation of £4 12s. 3%d. a-year.
67. The Keeper of the Town Clock has a salary of £88s., (reduced in 1829, from £11
6s. 73d.) He takes care of the market-house clock, as well as of the town clock, and keeps the
sword and mace in order.
68. The Printer to the corporation is the editor of a newspaper, called “The Drogheda
Journal,” and is paid a salary of £50 yearly for inserting the corporation advertisements. Before
1829, the salary was £55 7s. 8d. ; and, it is alleged, was less than the sum annually paid,
under previous arrangements, by bill for work done. It appears by the accounts of the corpo-
ration, that he is still, occasionally, paid various small demands for printing and advertising.
69. The sexton of St. Peter's Parish receives a salary of £3 13s. 10%d., a payment made
from a very ancient date, for performing the duty of Tolling a Curfew Bell. The bell is rung at
six o'clock, morning and evening, for the regulation of tradespeople; and also in cases of
houses taking fire. § º-s: i
70. The Treasurer has the duty of collecting the rents of the corporation, which are payable
by about 135 tenants. He has also the charge of paying the tradesmen's bills, the salaries of
the officers, and other demands upon the corporation; he furnishes quarterly accounts. He
pays a clerk, out of his salary, for assisting him in his duties. The salary is ºf 150 a-year;
before 1829 the payment was by a poundage, which generally exceeded this amount of salary.
71. The Secretary to the Committee of Accounts acts as a comptroller in the auditing of the
treasurer's accounts.

MUNICIPAL CORPORATIONS IN IRELAND. 823
COUNTY OF:
His salary is £88s. a-year; before 1829 it had been £10 10s.
72. The Receiver of the Commons collects the rents of the commons’ fund, and of the estate
of the poor of St. John's. He receives 5 per cent. upon the former, but collects the latter
gratuitously. He has also the duties of paying half yearly the pensioners upon the commons'
fund, of accounting quarterly to the general assembly, and reporting to them the vacancies
which occur in the list of pensioners.
73. The Proctors of St. John's are bound to keep the accounts of that institution, and to pay
the inmates their pensions and allowances, and to report vacancies, and account to the quarter
assemblies. The latter duty has been much neglected. They receive no emoluments from
their office. One of the proctors is now also receiver of the commons’ fund. *
74. The Court-house Keeper is appointed by the grand jury, and, under the 4 Geo. IV., c.
43, receives a salary of £10 a-year (Irish) by grand jury presentment. The present court-house
keeper is the wife of one of the town serjeants, and the assembly grant her, besides, £8 a-year.
75. The defects in the Constitution of the corporation of Drogheda, viewing it as part of the
existing system, and based on a constituency of “freemen,” consist mainly in the near
approach of its governing body to being completely self-elective. . The board of aldermen is
altogether such; their number considerably exceeds that of the representatives returned
to the common council by the guilds of trade, and, consequently, they have the power of
nominating the sheriffs, and thereby maintaining their influence in the common council, of
which the sheriffs, as sheriffs' peers, after their year of office, become members. The repre-
sentatives of the guilds, too, are, in the first place, elected by small constituencies, in which
the members of the assembly have considerable influence; and the rule which requires each
guild to return three names to the assembly, and gives the latter the selection of one out of the
three as the representative of the guild, in effect deprives this apparent power of the com-
monalty of its substantial value. -
The consequence has been, that a few “leading families” have obtained a considerable
ascendancy in the assembly; and the elections to lucrative situations, and other advantages,
particularly as regards the lettings of the corporate property, have been shared principally
among themselves and their connexions. It does not appear that any individual has at an
time been able to engross the whole power as “patron;” a result, which, probably, the slight.
remnant of independence preserved, in the representation of the guilds in the council, has
hitherto averted.
The members of the common council hold for life, and are completely independent of any
control by, or responsibility to the body of the freemen, although invested with the entire
power of managing their affairs and disposing of the general property. The “New Rules” of
1672 placed the appointment of the corporate officers altogether in the mayor, sheriffs, and com-
mon council, but we doubt that it was thereby intended, as is now practised, to exclude
the freemen from all share in the management of the other business of the corporation. The
direction is “ that no matter or thing, in any wise relating to the affairs of the said town, shall
be hereafter propounded or debated in the tholsel, or any assembly of the said town, writil
the same shall have first passed the common council of the said town.” This appears to
recognise the common council as the body in which measures should originate, but the
general assembly of the whole corporation, in the tholsel, as having the right of afterwards
debating upon and disposing of them.
The body of the freemen, themselves, is of an exclusive character; for, although rights to
freedom are allowed, they are only those of birth and apprenticeship, which naturally preserve
and uphold an exclusive character when once established. Here, the penal laws against
Roman Catholics, in operation from 1703 to 1793, completely deprived that class of the inha-
bitants of all corporate power; and those who retained it have not extended to the Roman
Catholics those privileges which the relaxation of the penal laws enabled them again to
share in. .
The practice of the corporation places the control over the admission of freemen, generally,
in the common council; but the power of “cushioning” petitions for freedom, before submit-
ting them to the council, vests the control still more absolutely in the board of aldermen.
The members of the assembly avow that they are influenced, in the selection of freemen, by
a desire to admit Protestants, and that they have acted upon this principle, although it is not
embodied in any general rule. The general impression of the town's-people is, that a preju-
dice exists against the admission of Roman Catholics, though some of the corporators think
that impression is entertained to a greater extent than is justified. That more of the Roman
Catholic inhabitants have not petitioned for their freedom is attributed to an apprehension of
rejection on the ground of religious persuasion, and their being unwilling to subject them-
selves to the petitioning and canvassing of the members of the Assembly, and, not improbably,
the rejection of their claim. %.
Notwithstanding the ancient practice of the corporation, and the statute 10 Hen. VII. c. 7,
which prohibits “any city or great town within the land of Ireland,” from that time forward,
from receiving or admitting any person to be alderman, juror, or freeman, “but such persons
as have been prentice, or been continually inhabite such town,” under the pain of 100
marks to the King, to be paid by the mayor and commonalty of the defaulting town, yet,
since the bye-law made (as above) in 1773, non-residents have been largely admitted into
this corporation, and, to such an extent, that, out of a body of above 400 freemen existing at
the passing of the Reform Act, only 153 were enabled to register under its provisions as
residents within seven miles of the place of election.
Previously to the passing of the Reform Act, the constituency for electing members to
Parliament for the county of the town was composed of all persons admitted free of the cor-
poration, and of the 40s, and other freeholders within the county of the town. -
THE Town.
of ~
13.R.O.G.H.E.E.A.
Receiver of the
Commons.
Proctors of St.
John's.
Court-house Keeper.
Remarks on the
Constitution.
county of
824 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
JURISDICTION.
Assizes.
Grand Juries.
Bribery prevailed to a very considerable extent. The venality and corruption of the con-
stituency was notorious. Committees of the freemen were organized, to get up contests, for the
purpose of having an opportunity of selling their votes. Members of the assembly were
agents in distributing and promising bribes; and members of the corporation, in a decent
rank of life, were in the habit of taking money for their votes.
The same system prevailed, in a degree, amongst the other class of the constituency, but
did not, amongst them, extend to individuals in a respectable rank of life.
As at present constituted, neither the corporation, nor its governing body, the “Assembly,”
fairly represents the inhabitants, or the interests of the town. Its exclusive character is the
ground of well-founded complaints; and we do not think that any adequate reformation from
within can reasonably be anticipated. *
76. Several of the ancient charters above mentioned granted cognizance of pleas, &c., to the
corporation; but they do not now exercise any exclusive Jurisdiction either in criminal or in
civil cases, except what results from the town being constituted a county in itself. The
courts held or constituted in the town are, the Assizes, the Court of Oyer and Terminer and ſ
General Sessions of the Peace, Petty Sessions, the Tholsel Court of Record, the Court of
Conscience, the Coromer's Court, the Escheator's Court, the Court, of Pie Poudre, and the
Civil Bill Court, held before the assistant barrister of the county of Louth for the division of
Drogheda. -
77. The Assizes are held here at the usual periods before the mayor and judges of assize,
associated in the commission, for the county of the town of Drogheda, with the mayor, who
is, by charter, to be the first named in all commissions of oyer and terminer, and in all other
commissions issuing out of Chancery to the county of the town.
78. The Grand and Petty Juries are returned by the sheriffs. The former are selected from
persons belonging to the town and neighbourhood, residing within four miles of the town.
The late mayor is generally foreman, and the late sheriffs are placed high upon the panel.
No qualification is required for being a grand juror. The grand juries have been generally
composed of corporators, to the exclusion of Roman Catholics, and others, not free of the cor-
oration, who, by property and respectability, were entitled to a preference.
Within the last 10 years Roman Catholics have been gradually permitted to occupy places
upon the grand jury panel, and in some few recent instances have been placed upon
it above aldermen and sheriffs' peers; but many persons are still called upon the grand
jury as corporators, who are not entitled from local property, residence, or station. Thus,
upon the grand jury of the Spring Assizes, 1830, there were only two persons holding land
in their own hands liable to local assessment; and five having tenants within the county of
the town. One was a half-pay officer, without any property in the county of the town, and
residing with his father, who was also upon the grand jury. Another was at that time an
apprentice to an attorney. Another a toll-farmer or collector to the corporation. Only one
Roman Catholic was placed upon that jury. Upon the grand jury for Spring Assizes 1833,
there were ll aldermen, eight common councilmen, one Protestant not free, and three Roman
Catholics. When the wealth and respectability of the Roman Catholic population within
the incorporated district is admitted on all hands, we cannot feel surprise at the great dissatis-
faction which such conduct, on the part of the corporation, has excited in their minds.
The grand jury exercise the ordinary functions of county grand juries at assizes in Ireland,
in disposing of bills of indictment, and presenting money to be levied upon the county of
the town.
Clerk of the Crown.
Judge's Crier.
Petty Juries.
Quarter Sessions.
Grand Juries.
79. The patentee of the Crown on the North-East Circuit (Mr. Pollock) acts by his deputy
as Clerk of the Crown, and receives a salary of £46 3s. 1d. under the 4 Geo. IV. c. 43. The
office is almost a sinecure, and could, with advantage and economy to the district, be united
with the office of clerk of the peace.
80. A presentment of £3 is annually made for the Judge's Crier, under the same statute.
81. The Petty Juries are returned by the sheriffs in the usual manner. All inhabitants are
summoned, and the attendance is represented as being generally good. The selecting of the
petty juries by the sheriffs is open to very serious objection in cases where the corpo-
ration are interested. In a late case tried at the assizes, which arose out of some riots con-
sequent upon the collection of tolls by the corporation, the petty jury included 10 cor-
porators. The business of the assizes is usually despatched in a few hours; which have gene-
rally been divided between the evening of one day and the morning of the next.
82. The Court of Quarter Sessions has jurisdiction by charter over all felonies and other
offences committed within the county of the town; and the power of inflicting capital punish-
ment is expressly conferred. Before the grant of the governing charter, the mayor and
recorder were alone competent to hold the Court of Quarter Sessions. That charter enabled
the mayor, and any one of the aldermen thereby constituted justices of the peace, to hold
the court, except in matters concerning the life of any man or praemunire, in which case the
recorder must always be present. The sessions are usually held in January, May, July,
and October, the times being regulated by the 2 Hen. V. (Eng. & Ir.) St. 1, c. 4, and not
by the modern Acts, which apply only to counties at large. The business seldom occupies
more than one day. Occasionally there are adjournments of the sessions. For instance,
in 1832, sessions were held on the 3d, and adjourned to the 10th and 24th of May; and upon
the 4th, and adjourned to the 18th of October, and 1st of November. The recorder gene-
rally attends. Cases of consequence are usually sent by the magistrates to the assizes.
83. The sheriffs return the Grand Juries at sessions. The attendance of grand jurors is very

MUNICIPAL CORPORATIONS IN IRELAND. 825
COUNTY OF
indifferent. Sometimes not more than 15 attend. The respectable residents of the town,
unfortunately, consider it degrading to their station to attend upon sessions' grand juries.
It was the custom to return a panel of corporators selected according to seniority of rank in
the corporation, to the exclusion of Roman Catholics and others not free of the corporation.
The practice has since been altered. In 1827, out of 17 grand jurors at the sessions, 15
were free of the corporation, and two were Roman Catholics. A greater number of Roman
Catholics have subsequently been placed upon the panel; as in July sessions of 1833,
when, out of 15, eight were Roman Catholics, and five were corporators.
The respectable Roman Catholics, however, complain, that it is only in consequence of the
difficulty of getting persons free of the corporation to attend, that they are called upon to
perform an onerous and (as it is considered in the town) degrading duty; and that, even then,
they are not given, upon the panel, that precedence over members of the corporation, to which
they consider their property entitles them.
The sessions grand juries do not now present any money.
84. The Clerk of the Peace has a salary of £45 late currency, presented for him by the
grand juries at the assizes, under the 4 Geo. IV. c. 43. There are no fees paid upon prosecu-
tions, excepting a fee of 3s. 1d. to this officer upon each Crown summons. Regular rolls of
indictments are kept, but, until lately, not always upon parchment.
The ſees of office returned to us by the clerk of the peace as usually received were:
On registry of arms, preparing notice, and giving certificate - *
Certificate of admission to the franchise dº sº tºº? gººd £º
Notice of application to magistrates at sessions for licence, and *
ficate of same being granted sº g- gº e- sº gº
For preparing each bond and seeing same executed sºme tº - 12 4
85. The Crier of the Court of Quarter Sessions receives a salary of £6 a-year by grand jury
presentment, under the 4 Geo. IV. c. 43. The governor of the gaol at present fills the
office. ^
86. Petty Juries are returned in the usual manner by the sheriffs; as are also the Market
Juries, under the 27 Geo. III. c. 46, and 28 Geo. III. c. 42, s. 9.
87. The Coroner's Court is held as occasion may require. Neither this nor the Escheator's
Court requires observation.
Petty Sessions, at the time of our inquiry, were held once in the fortnight before the charter
magistrates in the Tholsel Court. The sittings were regular. Three justices generally
attended; the recorder did not attend.
88. Many Complaints were made of the conduct of the Magistrates generally, but particularly
as connected with the riots growing out of the collection of toll. They were accused of par-
tiality, and of illegal and oppressive conduct in committing, and refusing to take bail, in
assault cases.
.
:
In 1830 four applications were made to the Court of Kings Bench for criminal informa-
tions against the magistrates for trying and deciding upon toll cases, in which, as members
of the corporation, they were alleged to be personally interested; and also for refusing bail
in an assault case. None of the rules were made absolute; in two of the cases no costs were
given on either side; in a third the court gave costs against the prosecutors; and, in the
fourth, against one of the magistrates, who defended his refusal to take bail upon the ground
that the parties were guilty of a contempt in his presence by laughing at him. The court, in
awarding the costs against him, expressed dissatisfaction at the conduct of the magistrate.
The corporation, however, by a vote of assembly, agreed to indemnify the magistrates,
and granted £150 to their law agent, on account of the costs incurred in the defence of the
magistrates. We find also, in addition to this grant, two other sums on account of “ King's
Bench costs,” amounting to £186, and £143 19s. 7d., paid by the corporation to their
law agent.
It is alleged that the court, upon giving judgment upon the applications for criminal
informations, recommended the magistrates to abstain from interfering in toll cases; and,
afterwards, when persons complained to the magistrates of misconduct or extortion on the part
of the toll-collectors, they were informed that the magistrates could not interfere, on account of
the direction of the Court of King's Bench, and they were left without redress.
89. Under these circumstances a memorial was presented to the Duke of Northumberland,
then Lord Lieutenant, by a number of the inhabitants, complaining of the insufficiency, the
want of property, and partiality of the charter magistrates, and of the failure of justice in all
cases connected with the collection of toll; and praying that additional Justices should be
appointed under the statute for the more effectual administration of justice in cities, towns cor-
porate, and other local jurisdictions in Ireland, 7 Geo. IV. c. 61. The parties were informed
that their memorial should be laid before the law officers of the Crown, but no communica-
tion was subsequently made to them on the subject.*
90. The Civil Court of the county of the town is called “ the Tholsel Court of Record.”
It is held before the mayor and sheriffs, who are constituted the judges of the court by
charter. When the recorder is present he sits as assessor.
* We have been informed that since the period of our Inquiry the application for additional justices
was renewed during the government of the Marquis Wellesley, and acceded to ; five additional justices
have been appointed.
M. C. I. - 9 Z
THE TOWN
OF
DROGHEDA.
Clerk of the Peace.
Sessions Crier.
Petty Juries,
Market Juries.
Coroner's Court.
Escheator's Court.
Petty Sessions.
Complaints against
the Charter .
Magistrates.
Application for
additional Justices.
Tholsel Court.
(826 - REPORTS FROM COMMISSIONERS ON
OF
DROGHEDA.
Course of Proceed-
Ings:
Officer's Fees.
Counsel.
The court is held upon every Monday if there be business before it. If not, it is continued
by adjournment, entered in the rule-book by the register.
The court has unlimited jurisdiction over all civil actions exceeding in amount 40s. Irish,
and arising within the county of the town.
91. The process of the court is either by caption of the person (bailable) when the debt is
over £20, or by attachment of goods. The latter is the usual mode of commencing Proceed-
ings. An attachment issues upon an affidavit of the debt having accrued within the limits
of the county of the town.
If the debt be under £20, the attachment is directed against “goods only.” If over that
sum, against “body or goods,” and the plaintiff is then at liberty to have it executed against
either, but not against both. Goods cannot be followed into the hands of third parties.
The attachment is handed to the town serjeant, as the bailiff of the marshal. At foot of the
attachment the amount of the debt sworn to is stated, and “ costs £10s. 5d.” Of this
sum 2s. 4d. is paid for stamp duty, 15s. to the officers of the court, and 3s. 1d. to the attorney
for the plaintiff. The writ is returnable on the next court day. The return contains a
schedule of the goods attached.
At this stage of the proceedings the debt is almost invariably settled; but if the cause
proceeds further, bail is taken in double the amount sworn to before one of the judges of the
COurt.
The town clerk (as register) is entitled to a fee of 10s. upon perfecting bail. The same
course is pursued upon arrest of the person. After bail, an appearance by attorney is in all
cases entered; a declaration is filed, and the cause proceeds as at common law.
Pleadings must be signed by counsel, for whom a fee is taxed. All rules are entered
as of court days. Upon filing the declaration, the first rule “to condemn goods” is entered;
a second and third must be entered previously to obtaining judgment by default. Upon
entering the last rule a precept issues to the marshal to sell, and is returnable the next
court day.
If bail be given, the rules must be served upon the defendant's attorney, and judgment by
default will not be signed except upon affidavit of the service of the rules, and of the
debt still remaining due. But, if the goods remain in the marshal's hands, such service is
not required, and the defendant gets no other notice of the proceedings than the original
attachment affords him. Writs of inquiry upon judgments by default, and issues, when joined,
are tried by jury. There has been no instance of either for a great many years; the
debts recovered by default have been such as could be ascertained, (as in the superior courts,)
by reference to the officer. Judgment by default and execution may be had in a fortnight
and two days from the commencement of the proceedings.
Upon issuing the precept to the marshal, the town clerk (as register) gets fees amounting
to 14s. 9%d., and the marshal receives poundage in like manner as sheriff.
92. The Fees taken in the court have been varied at different periods. We have not been
able to ascertain by whose authority the changes have been made. At present there is a list
of fees posted in the town clerk's office for the information of the public. This list has been
made out by the present town clerk from the information afforded by old bills of costs.
Those taken by the register, alone, are,
On issuing each action - tº- º- sº
On the entry of each rule º º - sº
On filing bills of costs and each pleading -
Taxing costs - tºº º tºº cº
Preparing and filing bail piece - º
Writ of record º †- gº ºgº -
Writ of inquiry - lºs -. ºn t-
Writ of venire i- - - º ºme
Scire facias - * gº º º ... ºº
Subpoena for witness tº- º tºs -
Entering judgment 4-s º º -
Enrolling ditto - tºs - - ->
Clerk - - * - &= - º º -
Issuing precept - tº- tº sº ->
Search for ditto - sº tºº &= tº-
Entering appearance ºs as , ess *
Copy “action” i- º gº * ... tº
Copy declaration - tº º º º
Copy of marshal's schedule
Return to habeas corpus sºns . * *
Attested copy of bail piece - gmy º
Fee on filing a claim on property - -
Attested copy order of discharge for want of
declaration sº gº º º *-
On filing procedendo - gº -: º-
Swearing each witness on a trial - *
93. A practice has long existed of the recorders for the time being acting as Counsel in
signing pleadings in this court, which is very censurable, as the causes may come before them
for trial, sitting as assessors to the mayor and sheriffs. This practice was, most probably,
l
.

MUNICIPAL CORPORATIONS IN IRELAND. 827
COUNTY OF
occasioned by the circumstance that causes in this court have not come to trial for the last
20 years, at least. Upon the town clerk having lately notified to the recorder (Mr. F. Ball)
the probability of a cause which was at issue coming to trial, and in which he had signed
the pleadings, he expressed his regret at having done so, and his intention not to receive
such fees in future. *
94. Attorneys of the Superior Courts are admitted to practise upon bringing in their licences
THE TOWN
- O'F.
DROGHEDA,”
-ms
Attorneys.
and paying an additional stamp duty of £20; there are four thus admitted; three are freemen;
two only practise.
95. The Costs are taxed by the town clerk; upon a judgment by default they amount to
between £6 and £7 late currency.
96. Causes are removed by certiorari and habeas corpus. The latter is the most usual
mode, and is used in cases of attachment of goods as well as arrest of the person.
When a cause, which has commenced by attachment of goods, is removed by habeas corpus,
the return merely states the cause of action. In every case, copies only of the documents are
returned to the writs, not the originals, as they ought to be upon writs of certiorari, by which
defect in obeying the mandate of that writ the party may be deprived of the benefit of it.
97. The number of actions issued in the last five years was 166. The number brought to
execution, 25; tried, none; removed by certiorari, 4; by habeas corpus, 6.
The fees charged in this court are considered even by its officers as being far too high, and
appear to us to require a good deal of revision. In the reign of Henry VI. a fee of 2s. for
the copy of a plaint was considered extortion, and the town clerk of Drogheda was prohibited
from taking more than 26, by the 33 Henry VI. c. 2. - -
The Civil Bill Court of the assistant barrister for the county of Louth has a concurrent
jurisdiction to the amount regulated by the Civil Bill Acts. The process of the Tholsel Court
is seldom resorted to, except where the jurisdiction of the Civil Bill Court is not available, or
where the remedy by attachment of goods is preferred, (as affording a security for the ultimate
recovery of the debt,) notwithstanding the increased expense which attends it.
98. By the 30 Geo. III. c. 39, s. 23, it is recited, that “the Court of Conscience, held before
the mayor of the town and county of the town of Drogheda, for determining causes in all
small debts between party and party under the value of 10s., has been of great use, and
will be of still greater advantage to the inhabitants if the jurisdiction of said court be
extended to the determination of causes in all small debts between party and party under
the value of 23s.,” and therefore it is enacted, “ that the mayor of the said town, and county
of the town'of Drogheda, shall, for ever hereafter, have full power and authority to hear and
finally determine causes in all small debts between party and party under the value of 23s.,
and shall for ever hereafter have and exercise all the powers, authorities, and jurisdictions,
which the mayor of the said town and county of the town hath heretofore had and
exercised in the said Court of Conscience.”
The court is, at present, held before the mayor, or his deputy, upon Tuesdays and Fridays
in each week, about the hour of noon, for the transaction of business upon regular summons,
and on Saturdays, (being the weekly market day,) for the hearing of cases on “immediate”
summons. Both the days and hours are considered to be variable at the mayor's discretion,
and have in practice often been changed. t
Costs.
Removal of Causes.
Remarks.
Court of Con-
SC16. IlC6,
Besides these regular days of holding the court, the mayor also sits on any day he pleases,
upon “ immediate summons” issued by him at discretion.
99. The mayor generally confines himself to causes of action arising within the limits of ſº
county of the town, but conceives that he has a discretionary power of entertaining any case
where the defendant happens to be within his jurisdiction, although the cause of action may
have accrued beyond it. This authority has been lately exercised. According to the regular
practice of the court, the defendant must be served with a Summons 24 hours previously to the
hearing, and, in case of his non-attendance, the service upon him must be proved by affidavit.
The plaintiff is allowed to undertake the service of the summons, and is very generally the
person who proves the service. If the defendant do not appear, the mere statement of his case
by the plaintiff, without oath, is considered sufficient to warrant a decree.
Should the defendant appear, the plaintiff makes his statement, and is not sworn except
upon the defendant's requiring it. Witnesses (if any appear) are examined on both sides; at
present this is conceded to both parties as of right; but some few years ago (1821-2) it was
allowed only upon the permission of the plaintiff, the construction then being “that in a Court
of Conscience the matter was solely at the option, or in the breast, of the plaintiff.”
The defendant is allowed to cross-examine the plaintiff and his witnesses, and produce his
own; but even when the plaintiff’s testimony is not corroborated by any other witness, the
defendant is never himself permitted to contradict upon oath the plaintiff's statement. Cases
are sometimes decided without the plaintiff being present. In one instance, the plaintiff's
wife obtained a summons in his name, and was allowed to prove the case, and an order was
made upon her testimony.
Should the plaintiff be successful, “ an order” is made, to pay, generally, within 14
days from the date of the judgment. This order must be served on the defendant; the 14
days must have elapsed, and service be proved, previously to º an attachment, (which
is the execution of the court,) under which, the defendant is arrested and committed to gaol,
where, if the debt be not paid, he remains until liberated, either under the Insolvent Debtors'
Act, or by the operation of the Prison Act, 7 Geo. IV. c. 7, s. 83.
The mayor exercises a discretion, according to the circumstances of each case, of giving a
M. C. I.
Proceeding by
regular Summons.
COUNTY OF
828 REPORTS FROM COMMISSIONERS ON .
THE TOWN
OF
DROGHEDA.
By immediate
Summons.
Rehearing.
Fees.
Remarks.
Court of Pie Poudre,
defendant a longer or shorter time for payment. He frequently awards payment of the debt
by instalments at certain periods, if possible upon an agreement between the parties; and the
debt is recoverable only on the conditions contained i. “ order.”
All cases, in which a summons is issued, are entered in the books kept by the register of the
Court. -
“A dismiss,” generally, precludes the plaintiff from bringing on the case again; but “a
dismiss without prejudice” has not this effect.
100. An “Immediate Summons” is granted, when the statement of the party applying ap-
pears to the mayor to warrant a departure from the usual practice of the court. .
The principal ground of granting it is, that the defendant resides out of the town
and has contracted a debt within it, and is only casually passing through or about leaving
the town without paying.
The plaintiff, on stating grounds for this process, is directed by the mayor to go to the
defendant and desire him to attend; in case the plaintiff returns unaccompanied by
the defendant, a summons is issued by the mayor to the defendant, requiring his imme-
diate attendance. This is given to the plaintiff to be served; upon the return of the
plaintiff, and his statement of service of the summons, the mayor waits what he considers
a reasonable time, before he decides, ea parte, in the manner before stated, and then the
order is made out as usual. -
In order to save the defendant the expense of a summons, the mayor frequently sends the
town serjeant to desire his attendance, and to state that upon non-attendance he will be put
to the expense of a summons.
The “immediate summons... is principally used upon Saturdays, when the country
farmers attend the markets... Where the common summons appears likely to attain justice,
this immediate summons will not be granted; and if the statement of the plaintiff, upon
which it was issued, be not subsequently substantiated, upon oath if required, the case is
dismissed.
101. A Rehearing of a cause is allowed upon sufficient grounds being laid before the mayor
to induce him to grant it. This indulgence is not often looked for, and is seldom granted.
102. The Fees taken in the court are, for each summons, when the sum is
d.
Under 5s. ſº †º ſº tº gº 3
Over 5s. and under 10s. - tº tº 4
, 10s. . 15s. - tº a tºº, 5 $
,, 15s. 23s. - * gº 6
9
9
Upon each “ order” issuin ſº gºs
p
Upon each attachment issuing - gº
These fees are received by the macebearer, as clerk of the court, to his own use. The
mayor derives no emolument from them. -
The town serjeant receives a fee of 1s. upon the execution of each decree.
103. The number of summonses issued for the last year was 1361.
The average amount of the register's fees, for the last seven years, is computed at £45
2-Weal”.
%. court, with few exceptions, confines the exercise of its jurisdiction to small debts
arising between party and party. Causes of action are not allowed to be split, but when a party
waives his right to look for the excess of his debt over 23s. Irish, he can get a decree to the
full extent of the jurisdiction.
Questions arising out of the refusal to pay the tolls demanded by the corporation toll-col-
lectors have been entertained by the mayors in this court; and this was made a ground, in
part, for the proceedings (already mentioned) in the Court of King's Bench, a criminal
information having been moved for against the mayor, for deciding in a case in which he was
personally interested.
There are no fixed rules by which the practice of this court is guided, and it has accord-
ingly varied with the successive mayors who have presided in it. According to the practice
of some, the defendant, in many cases, is completely at the mercy of his adversary's conscience,
and by all he is placed upon a very unequal footing. Causes of action which have
occurred in distant parts of the county are sometimes summarily adjudicated upon on the
plaintiff’s showing, in the absence of witnesses who might disprove his case.
104. The Court of Pie Poudre is held before the mayor upon the fair-days granted by charter
to the corporation.
The court is held at the tholsel in the mayor's office. Sitting in this court, he exercises
the power of enforcing all contracts entered into between parties at the fairs, by detention of
the subject of contract, and by such other means as he thinks likely to enforce his order.
In one instance where the party was a stranger, and the non-delivery of a cow was the
matter in dispute, the party having refused to comply with the mayor's award, the mayor
imprisoned him until he gave bail. An action for false imprisonment was commenced
against the mayor, but it was not proceeded with. In general, the mayor's adjudication is
complied with. The plaintiff is examined on oath, and witnesses on both sides, but not the
defendant in any case.
Questions relating to toll have not been decided in this court, at least since the proceeding
in the King's Bench, before referred to. The legal course of proceeding is quite disregarded.
The mayor considers it discretionary whether he will have a jury or not. It has been usual
MUNICIPAL CORPORATIONS IN IRELAND. 829
COUNTY OF
lately to decide without one, and the court is considered as an extension of the mayor's
jurisdiction in the Court of Conscience, and the practice is framed accordingly.
No books or records of this court are kept. There is no officer peculiarly attached to it,
and no fees are payable. -
105. The Civil Bill Court for the county of the Town of Drogheda is directed to be held
twice in the year, before the assistant barrister for the county of Louth, sitting for the division
of Drogheda, which contains the barony of Ferrard, as united with the county of the town,
under the 36 Geo. III. c. 25, s. 57. The court is actually held four times in the year.
THE TOWN.
OF.
DROGHEDA:-
Civil Bill Court.
The business, including the registration of electors, is generally concluded in one day. .
The assistant barrister receives no salary from the corporation. The court gives general
satisfaction.
At these sessions the assistant barrister for the county of Louth performs the duty of
registering voters for the town of Drogheda under the Reform Act, 2, 3 Will. IV. c. 88; the
clerk of the peace for the county of Louth is the officer of the court, but the town clerk of
Drogheda is bound to attendance under the 43d section of the Act.
106. A new Gaol for the county of the town has been recently erected, by grand jury
presentment, upon a site given by the corporation.
The old prison was built by the corporation, and in part supported at their expense. The
materials, together with the ground upon which it stood, were sold, and the produce contri-
buted towards the erection of the present gaol.
The corporation have not contributed to the support of the gaol for many years.
Although it is made use of for all municipal purposes (prisoners under the process of all the
corporation courts being committed to it), all the expenses of prisoners and officers are
defrayed by county presentment. -
107. The Governor is appointed by the sheriffs with a salary of £80 Irish currency, presented
º grand jury at the assizes, (under the 7 Geo. IV. c. 74,) out of which he pays a Turnkey
#20 Irish.
There are two additional turnkeys, with salaries of ºf 20 each, presented by the grand jury
at the assizes; a Protestant and a Roman Catholic Chaplain, each with a salary of £30
a-year; a local inspector, with a salary of £30 a-year; a Matron, with prison allowance of
coals and candles, &c. There is not any presentment for the salary of a medical attendant,
under the 4 Geo. IV. c. 43, and 7 Geo. IV. c. 74; the Apothecary, as prescribed by the Act,
is paid according to his bill for medicines.
108. The Board of Superintendence of the gaol is appointed by the grand jury. All the
members are corporators, with one exception. This board, with the local inspector, and the
Protestant and Roman Catholic clergymen, constitute the visitors of the prison. The in-
spector is obliged to attend at least twice in the week (and does attend oftener), to see the
classification of the prisoners kept up. The clergymen are bound to attend the inspection,
to see that the provisions are of a sound quality.
109. The prisoners are employed in ºf stones. Such as refuse to work are obliged to
provide their own food. At the time of our Inquiry there were 24 prisoners on the Crown
side, and 3 on the civil side. At the assizes there are usually upwards of 40 prisoners.
There are only 16 cells, and a room in which 6 beds can be put up. The want of accom-
modation sometimes occasions considerable inconvenience. The gaol is in very good con-
dition, and in a healthy situation. It is under the superintendence of the gaol-inspector-
general of the district, appointed by Government.
The rules and regulations for the prison, posted up in pursuance of 7 Geo. IV. c. 74, were
removed by the prisoners in 1830, and have not been since replaced, although the
circumstance has been frequently brought before the notice of the inspectors by the governor,
and is the subject of penalty under the statute.
Occasional complaints have been made against the conduct of the turnkeys and governor,
but none imputing any serious misconduct were established before us. The arrangements
were stated to be defective as to the providing of employment for the prisoners; there does
not appear to be even adequate room for affording it.
110. The Police force of the county of the town consists only of officers of the corporation
acting as constables, and the nightly watch appointed by the magistrates at quarter sessions
under provisions of local Acts. They all act under the command of the high constable of the
town, who is appointed and paid by the corporation.
The ... consist of the six town serjeants, two bang-beggars, and the bellower.
This force is represented as being, in general, quite sufficient to preserve peace and order in
the district.
The corporation, however, recently appointed, at their own expense, an auxiliary police
for the protection of the inhabitants.
It is stated, that, in December 1832, a good deal of disturbance and illegal combination
existed in the town and neighbourhood; many individuals were assaulted; and the cor-
poration, by vote of assembly of the 21st December 1832, ordered, “That the sum of £100 be
paid by this corporation for the purpose of arming 12 men to preserve the peace of the
town, and to act under the orders of the magistrates.”
Out of this fund the mayor provided 12 stand of arms, with accoutrements, ammunition, &c.;
and, as arms were to be used, selected 12 men from the better class of military pensioners
living about the town, without any distinction as to sect or party. These men were sworn
in as special constables, and were continued for nearly six months, when, all apprehension of
Prison.
Gaoler.
Turnkeys.
Chaplaims.
Matron.
Physician and
Apothecary.
Board of Superin-
tendence.
Remarks.
MUNICIPAL
REGULATIONS.
Police.
County of 830
REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA. "
Nightly Watch.
Magistrates
Tirectors
Inspecting
Constables.
Regulator of the
Watch.
Paid Constable.
Watchmen.
Treasurer.
Collector.
Grants by the
Corporation.
Watch Tax.
disturbance having been removed, they were discontinued, and the arms were taken up and
deposited in the chief constable's house.
The townspeople were not sworn in as special constables, nor was any meeting of the
inhabitants called by the mayor upon this occasion. The mayor stated, that it was supposed
the inhabitants were unwilling to be made constables, lest they might become marked persons,
and that no wish was expressed to hold a public meeting upon the subject.
The corporate officers, who act as constables, are usually armed with swords only, accord-
ing to the ancient usage of the corporation. No loss of life has ensued from any rencontre
between them and the people, with the exception of one case which grew out of a contested
election; in that instance a man was shot by one of the constables. The constable was
convicted, respited, and pardoned by Government; and, it is complained, was subsequently
promoted to a situation in the general constabulary force of the country.
The annual payments of the corporation upon this item of expenditure, in salaries,
amount to £202 16s. 113 d. In addition to this they expended in the last year £74 4s. 6d.
for the clothing of the town serjeants, &c.
111. The Nightly Watch derives some aid from the corporation, but is principally supported
by a rate assessed under the provisions of the 6 Geo. I. c. 10; 10 Geo I. c. 3; and 5 Geo. III.
c. 22, s. 10.
By the 6 Geo. I., perpetuated by the 10 Geo, I., provisions were made for establishing
parish watches throughout the kingdom ; but those in the county of the town of Drogheda
having been found very oppressive to the inhabitants living without the gates and walls of
the town, it was enacted by the 5 Geo. III., that the inhabitants within the walls, and the
owners and occupiers of yards, warehouses, and cellars in the town, should pay 4d. in the £1
upon the rents which the several inhabited houses, yards, warehouses, and cellars, occupied,
might reasonably set for to a solvent tenant, to be raised, paid, and accounted for as the
watch-money in Dublin, under the 10 Geo. I., the yearly value to be settled by the justices
of the peace at the July sessions, in open court; which court of sessions was invested with
the same powers in every respect that the lord mayor and vestries in Dublin were given
. the 10 Geo.I.; and empowered “in every respect to regulate and appoint the management
thereof.”
II2. The Magistrates at the July quarter sessions appoint a Watch Committee, or Directors
of the Watch, consisting of the mayor for the time being and seven others, (the number it seems
ought to be nine,) who have been usually re-elected; the persons acting at the time of our
Inquiry had been in office for the last five years.
113. Twelve of the inhabitants, also, are sworn in, annually, at the July quarter Sessions, as
Constables, whose duty it is to attend every night, or provide a substitute to attend for them, at
the watchhouse, before the watchmen go out on duty; to call over the roll; to enter the names
of the men in a book, and despatch them to their different stands; to visit them several times
in the night, and report any misconduct.
114. The paid officers are, the Regulator of the Nightly Watch, the watch constable, and the
collector.
The regulator of the nightly watch is the high constable of the town, appointed by
the corporation, with a salary of £60 a-year for his several offices, and with a house, part
of the general watch establishment; this officer has the general superintendence of the
department.
115. The Watch Constable is paid 1s. 4d. a-night by the watch committee. He is required
to be on duty every might, and to visit the watchmen at their posts; he is also generally
appointed substitute for such of the 12 constables as cannot attend; for which service they
pay him as may be agreed upon.
116. The establishment consists of 18 men on duty in winter, (from mine p.m. to five a. m.)
and 12 in summer, (from ten p.m. to three a. m.,) besides supernumeraries. Their wages
are 10d. a-night in winter, and 8d. a-night in summer.
117. One of the committee is appointed Treasurer; the high constable makes out a monthly
report, on which the men are paid their wages, subject to deductions for fines inflicted on
them, which are brought to the credit of the establishment.
A Collector of the tax, also, is appointed, who acts under the orders of the directors, and
is paid 90, in the £1 on the sums collected by him.
118. It is said that the Corporation formerly paid all the expenses, but, in April 1798, the as-
sembly resolved, “that the expenses of the watch establishment of this town, or any charge rela:
tive thereto, shall not be paid or borne by the corporation from and after Michaelmas next, and
that all expenses from thenceforth shall be levied and paid by the inhabitants pursuant to Act of
Parliament.” We find the corporation afterwards }; £60 a-year, but the committee of
economy, in 1829, recommended that “the sum of £20 be paid by the corporation annually
to the watch establishment, and that no other expense of whatsoever kind is to be incurred
by this corporation towards its support.” The corporation still contribute this sum annually,
and provide the house which is the residence of the chief constable, and also serves for a
watchhouse.
119. The entire Rate of 4d. in the £1 is assessed at the July sessions every year. Unin-
habited houses, unoccupied warehouses, &c., are omitted, as are also all premises not within
the ancient walls of the town.
The tax, applotted in July, is collected from the 29th September for the following year in
MUNICIPAL CORPORATIONS IN IRELAND. 831
COUNTY OF
advance; the collector generally enforces payment of so much as will, from time to time,
produce a month's pay for the men employed; he proceeds by distress, upon his warrant,
when regularly signed; in July 1832, the sessions were not held on account of the prevalence
of cholera morbus in the town; but the collector enforced the tax, summoning those who
refused to pay before the Court of Conscience for any amount within its jurisdiction, and
before the magistrates in petty sessions for any larger amount.
The 10 Geo. I., however, which is adopted by the 5 Geo. III., directed that the
tax should be levied in the same manner as ministers' money under the 17, 18 Car. II., viz.
by distress by the churchwardens.
WATCH TAx RETURNS for Five Years ended Michaelmas in each Year.
- g Receipts. - Disbursements.
Number of Total
Year. Houses Tax .
assessed. assessed. | By Tax, | From the Total. | On Watch-l Salaries. Total.
| Corporation. ‘IIleIle
£ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. a
1829 |Not returned.|Notreturned. Notreturned. 20 0 0 ||Notreturned. 259 1 8 ||Not returned. Notreturned.
1830 847 327 9.8 277 10 0 | 20 0 0 || 297 10 0 || 230 18 2 | 11 3 13|Notreturned.
1831 717 316 13 8 || 280 3 3 20 0 0 || 300 3 3 || 238 2 0 || 11 4 11}|Notreturned.
1832 723 316 6 0 || 259 || 7 || 20 0 0 || 279 1 7 || 231 17 10 || 10 9 3 293 4 11
1833 71.6 310 0 7 || 285 3 13| 20 0 0 || 305 3 13, 240 2 0 || 11 11 0 || 308 9 º
Officers. Allowances.
Henry B. Fairtlough, Esq. Collector 9d. per £1. Coals per
Treasurer. annum, £10. Allowance for
lamp per annum, £5 5s.
120. It is complained that the magistrates have the sole power of assessing the inhabitants,
that there is no appeal from their decision upon the valuation of the premises; and that
the full amount of 4d. in the £1 is always levied without consulting the inhabitants or
accounting to them.
The chief constable states that the present establishment is efficient; and that since his ap-
pointment there has not been a burglary or other felony committed in which the felons were
not apprehended; still he thinks the watchmen are underpaid, and that their numbers are
too few by one half. On the other hand, it is complained that proper and effective men
are not selected, and, it is said, cannot be procured for 8d. a-night.
It is also complained, that the duty of acting as constables of the watch, in the nightly
inspection, is thrown by the magistrates on a certain class of the inhabitants; the members
of the corporation not being called upon to perform this duty. This exemption may
be claimed under a clause in the old Dublin Act, which has been applied to Drogheda;
it exempted those of the degree of esquire, or above, or half-pay officers, and aldermen and
sheriffs' peers, in that city. It also disqualified “Papists” from acting in their persons as con-
stables; but this latter part of the Act does not appear to be insisted on here.
The mode in which the provisions of the Dublin Act are applied to Drogheda by the
5 Geo. III. renders it difficult to understand how, in many cases, the two Acts are to be
construed together. The duties of the churchwardens, and the transcribing of the accounts
in the vestry-books of the parish, as required by the Dublin Act, do not seem to be at all
attended to.
121. The town is lighted under the provisions of the 30 Geo. III. c.39, s. 27, by which the ves-
THE TOWN
OF
DROGHEL.A.
Remarks.
Lighting,
tries of the parishes of St. Peter and St. Mary are empowered upon any day in the month of 30 Geo.III, c. 39;.
August, in every year, if they think fit, to present such sum or sums of money as they shall
judge necessary, to be raised on the inhabitants of those parishes respectively who reside in
the town, or any part of the suburbs thereof, for the paving, gravelling, and cleansing the several
streets and lanes in the town and suburbs, and for providing, erecting, lighting, and maintaining
and repairing lamps to enlighten the said streets and lanes; and also to appoint proper persons
to applot and levy the sum or sums of money so presented by the vestries, and to allow these
persons any sum not exceeding 12d. for each £1 so applotted and levied, for their trouble
in applotting and levying the same; and to appoint proper persons to be directors and over-
seers for the expenditure of the money so presented, who are to account on oath to the
yestries of each parish for the same; and to allow the said persons any sum, not exceeding 2s.
for each day every director or overseer shall be necessarily employed in directing and
overseeing such work.
No person is entitled to vote at such vestries without taking (ifrequired by any parishioner)
an oath of his being a householder of the parish residing within the town or suburbs of
Drogheda, and that he is worth £100 over and above all his debts, and not a tenant at will
for the house which he occupies.
122. This Act has only been applied to the purpose of Lighting the town.
The inhabitants of each parish are assessed as far as the lamps extend in their respective
Lighting Tax.

coUNTY OF 832 REPORTS FROM COMMISSIONERS ON
“THE TOWN >
,,,,,, ºr, parishes; but those who are considered to be unable to pay are not included in the assess-
DROGHEDA. ment. The tax is generally recovered from defaulters by attachment out of the Tholsel Court.
Grants by 123. The corporation formerly lighted the town at their own expense. This was restricted in
corporation º 1798, when the assembly ordered, “That the number of lamps to be lighted at the expense
of this corporation are not to exceed 20.”
We find them afterwards contributing £63 a-year, but this was reduced in 1829; at
present the corporation subscribe £20 yearly in aid of the establishment, and do not give
any other assistance. * e ©
Having requested returns relative to this tax, we obtained the following particulars from
the vestry books: *
LIGHTING TAx RETURNs for Five Years, PARISH OF ST. MARY.
Receipts. Disbursements.
Number Total
Year. of Tax
Houses | assessed. B From * tº
assessed. ! |Corpora- || Total. | By Lamps. | Salaries. Incidents. Total.
Tax. tion.
£. £. £. £. s. d. £. s. d. £.
1829 123 60 60 || None 60 | 35 0 0 | None | 25 0 0 60
1830 123 50 50 | Ditto 50 | 35 0 0 | Ditto 15 0 0 50
1831 176 35 35 | Ditto 35 | 30 0 0 | Ditto 5 0 0 35
I832 176 25 25 | Ditto 25 | 22 10 0 | Ditto 2 10 0 25
1833 176 20 20 Ditto 20 | 20 0 0 | Ditto None 20
Directors, 1833. Officers. Salaries. Allowance.
William Cairnes. None. None. ls. per pound to Col-
Patrick Boylan. Ditto. Ditto. lector.
Thomas Carty. Ditto. Ditto.
LIGHTING TAx, PARISH of ST. PETER.
Receipts. Disbursements.
} a Number Total
Year. FH of Tax
* assessed. B From g g -
assessed. W. Corpora- || Total. | By Lamps. | Salaries. | Incidents. Total.
Tax tion.
f.
1829 || 3 || 333 || 3 || 3 || 5 || 3 || 5 || 3 || ||
1830 E 253 5 £ 5 5 5 5 5
1831 E 200 E. 3. £ E. 3 5 E
1832 $2 270 g sº sº $2 g sº $2
1833 3 30() 3 3 3 3 3 --> -->
2. Ž | 2 || 2: 2. 2. Ž ź
Directors, 1833. Officers. Salaries. Allowances.
Henry B. Fairtlough, Esq. Not returned. Not returned. Not returned.
Christopher Jordan. --º-
Peter Verdon.
Patrick Tiernan.
Paving. 124. No Paving Tax is levied. The corporation are bound by charter to keep the streets in
repair, and they admit that their tolls and customs were granted for that purpose; but they do
not conceive that they are bound to repair beyond the limits of the ancient walls of the town,
although the town now extends much beyond them. -
Paving Committee. 125. A Committee for Paving and repairing the streets is appointed by the assembly from
amongst their own members.
There is no emolument derived from being elected a member of the committee.
The flagging and curb-stones of the streets are contracted for; the other works are
performed under the immediate direction of the committee.
They appoint a treasurer; a sum of money is voted by the assembly to be paid to him;
and the members of the committee make orders upon him for payment of bills and labourers.
These orders are entered in a committee-book, and the treasurer of the corporation takes
official notice of the sums so ordered; and should any additional sum be required in the
interval between the quarterly assemblies, he advances money to the treasurer of the com-
mittee to prevent the works from being stopped, and is indemnified out of the next money-
grant of the assembly to the committee.
There is no salaried officer acting under the committee.
The treasurer is a member of the committee, and keeps an account, debtor and creditor,

MUNICIPAL CORPORATIONS IN IRELAND. 833 county of
- - THE TOWN
with the corporation ; this account is open to the members of the assembly, but it is not OF
required that it should be audited, before an order is granted by the assembly for the paving DROGHEDA.
committee. - - - ------
The following sums appear to have been expended by the corporation in paving and
repairing the streets and highways within the ancient limits of the town, in the last seven years:
£ s. d. £ s. d
1827 cº- º -> - 182 11 74 | 1831 gº - sº - 113 19 5
1828 - - - - 119 11 83 | 1832 - - - - 233 12 9,
1829 - - - - 331 16 2 1833 sº tº º - 213 13 0
T830 º tºº - - 63 2 6
The application of the money expended, during the last year, has afforded considerable
satisfaction. Complaints were made of the previous state of the streets from want of proper
attention and repair. -
126. The principal objects of Grand Jury Assessment at assizes, in the county of the town, Grand Jury Cess.
are, the repair of the roads outside the ancient walls, the support of the gaol, and the salaries.
of county officers. - - -
127. The Roads are numerous in this small district, and consequently this item in the ex- Roads.
penditure of the county of the town amounts to a sum very disproportionate to its extent.
128. The corporation formerly defrayed the expenses of the Gaol; but by a resolution of Gaol. • *
assembly of the 4th May 1798, it was ordered “That the expense attending the gaol of this
town and county be not paid by this corporation from and after the first of January next, and that
this resolution be laid before the grand jury, at the next general assizes, that they may make
provision for the same, to be raised by presentment off the county.” The expenses have since
been defrayed by grand jury presentment accordingly.
129. Under the 4 Geo. IV. c. 33, and c. 43, the annexed salaries may be presented: Officers.
Treasurer cº- - £80 Irish currency. Criers at Sessions - - £6 Irish currency.
Clerk of the Crown - 50 35 Sheriffs - - - - - 10 23
Ditto of the Peace - 45 35 Court-house Keeper - - 10 JX
Secretary to Grand Jury 30 35 Physician of Prison, and
Judges' Criers º 3 35 Apothecary - - - 40 35
All these officers are now appointed, and the full amount of salary, allowed by law, is
presented for each, with the exception of the last. *
Under the 7 Geo. IV. c. 74, the following salaries are presented:
Gaoler +- - £80 Irish currency. Roman Catholic Chaplain £30 Imperial cur-
Two Turnkeys - 40 Imperial currency. rency.
Protestant Chaplain 30 5 y Inspector of Prisons £30 Irish currency.
The appointment of the treasurer of the county of the town is vested in the magistrates.
The present treasurer is an alderman. The office has always been filled by a member of the
corporation. There was a contest at the last election between two candidates who were
corporators. A third, Mr. Kearny, not a corporator, but possessed of a considerable
property in land in the county of the town, offered to do the business of the office for consi-
derably less than the salary allowed to be presented by statute. The offer, however, was not
attended to.
We did not find that the treasurer keeps any regular cash-book. He states that he
received no accounts of any kind upon his being appointed to the office (1830).
The following table exhibits a comparative view of the total sums levied by grand jury
presentment at assizes for the county of the town in each year for the last 12 years, distin-
guishing the amount of presentments made imperative by law, and the amount under the
control of the grand jury.

Amount made Amount under Control || Total Amount collected
Year. imperative by Law. of the Grand Jury. in each Year.
£. s. d. £. s. d. £. s. d.
1822 20 0 0 1,047 2 3} 1,067 2 3}
1823 149 0 0 1,156 6 7% 1,305 6 7}
1824 302 0 0 875 13 0} 1, 177 13 0}
1825 294 0 0 987 4 10 1,281 4 10
Irish . 765 0 0 4,066 6 9% 4,831 6 9%
British. 706 3 1 3,753 10 10% 4,459 13 113
1826 271 7 7# 1,043 14 8 1,315 2 3%
1827 326 15 4% 829 9 6% 1, 156 4 ll
1828 367 10 8% 1,079 19 3} 1,447 9 llā
1829 328 6 1 523 0 | 851 6 2
1830 291 7 7% 88.1 2 2% 1,172 9, 10
1831 291 7 7} 693 4 11% 984 12 7
1832 145 13 9% 571 13 9% 717 7 7+
1833 444 0 0 1,416 14 3} 1,860 14 33
3,172 11 114 10,792 9 8% 13,965 I 8
M. C. I. 10 B
county of 834
REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Assessment.
Hospital Cess.
The following return shows the expenditure more in detail:
GRAND JURY RATE Returns for Five Years, ending with Summer Assizes in each Year.

Years. Salaries. ...W. Gaol. Hººl Prosecutions. Incidents. Total.
£. s. d. #. s. d. £. s. d. £. s. d £. s. d £. s. d. £. s. d.
1829 487 14 10 81 5 14 222 14 13| 46 3 1 e 13 9 () 851 6 2.
1830 487 8 || 97 17 4 467 l 4 92 (; 2 17 5 3 10 11 8 || 1172 9 10
1831 447 15 0} 316 3 73 274 15 5}| 92 6 2 53 12 3} 1184 12 7
4 1832 249 13 64] 254 14 5+ 96 18 0}| 46 3 1 0 10 0 69 8 6}| 717 7 7}
1833 706 13 83| 135 6 53, 393 9 63 138 9 3 22 9 0 || 464 6 4}| 1860 14 33
2379 5 2+ 885 6 11}| 1454 18 53| 415 7 9 40 4 3 || 611 7 10%| 5786 10 6
130. Until a recent date the grand jury presentments were applotted without any regard to
the legal provisions, on the subject of which all parties concerned seem to have been ignorant;
but for the last two years the provisions of the 33 Geo. II. c. 7, (made perpetual by the
19, 20 Geo. III. c. 14,) which was passed for the more equal assessing and better collecting of
public money in counties of cities and counties of towns, have, in some degree, been attended
to. The Act directs, that the sheriff shall, within fifteen days after each assizes at which any
money has been presented, post a motice upon the tholsel, appointing a time, (not less than
six days,) after the day of posting such notice, to hold an assembly in the public court-house
to assess the several sums presented to be raised at the preceding assizes; the justices of
the peace of the county of the town are required to assemble at such place on the day
appointed; and the justices or the major part of them in open court to ascertain the sum to
be raised upon such parts of the county of the town as have been usually charged according
to the acre, and to applot the same in the usual manner; and, as to such parts as have
usually been charged according to the substance of the inhabitants, to ascertain the sum to
be raised off each parish,
The town clerk is directed to attend and enter the assessment, and, within ten days after,
to deliver notices in writing to the ministers or curates of each parish, mentioning the sum
to be raised in each respectively. Each parish is required by the Act, within thirty days after
such notice, to applot the sums in the same manner as parish rates are usually applotted, and
to return such applotment to the town clerk, signed by the ministers and churchwardens of
each parish respectively; and in default of such applotment, the justices are required, at a
public meeting to be held for that purpose, within one month after such neglect, to applot the
said sums, and to return their applotment signed to the town clerk, who is required, under a
penalty of £20, to be recovered by civil bill, to deliver attested copies of such applotments
to the treasurer of the county of the town. sº - -
The whole county of the town is assessed acreably for the grand jury presentment, and
by this means the rate is thrown upon the agricultual part of the district, and the houses
remain unassessed. The course now pursued is this ;—the justices, in the first instance, come
to a resolution declaratory of the contents of each parish; this was formerly,
A. R.
That the parish of St. Peter contains gº * ſº- *-* 2212 2
3.2 St. Mary - & re- gº tº-º *-*. 705 2
35 Ballymakenny - se was tºge tºs 314 0
3,232 0
And they then find that the amount of the assessment is so much per acre.
In 1831 the assessment was altered upon an investigation instituted by the treasurer. He
states, that in consequence of several persons complaining that they were charged for a
greater number of acres than they actually held, he directed the collector to ascertain the fact,
by requiring the production of leases, and to reduce the amount of land charged to each
person accordingly. The result of this investigation reduced the assessment on St. Peter's,
and increased it on the other two parishes; it was adopted by the justices as the basis of
their assessment as follows:
A. R. P.
2,090 2 02
St. Peter's Parish - gº :-} tº-º • tºº gºe
St. Mary's - º * sº * -º * gº º 764 0 00
Ballymakenny * --> tº-º sº tº- wº tº * 514 3 24
Total gº 3,369 l 26
131. A portion of the grand jury presentments is assessed in a different manner. It is called
“Hospital Cess,” and is levied for the support of the county hospital or infirmary under the
provisions of the 5 Geo. III. c. 20, extended to counties of towns by the 47 Geo. III. c. 50.
By the latter statute provisions were made for erecting, establishing, and maintaining public
MUNICIPAL CORPORATIONS IN IRELAND. 835.
COUNTY OF
hospitals or infirmaries in counties of towns; and donors of twenty guineas to such institutions,
and subscribers of three guineas a-year, were constituted governors and members of
a body corporate for such infirmary or hospital, the former for life, and the latter for
one year from the date of payment. They were empowered to elect 12 of the donors and sub-
scribers, who, together with the Archbishop of Armagh, the Lord High Chancellor, the
bishop of the diocese, and rector and vicar of each parish within such county of a town, should
be directors of such infirmary for-one year next ensuing their election; and the grand juries
of each county of a town, &c., were empowered to present any sum for the support of such
infirmary or hospital not exceeding £100 in any one year; and it was provided, that all
sums so presented should be raised on such county of a town, &c., by an assessment on
houses, according to a valuation of the same for the payment of ministers' money, in such
Iºla,I\IICT a S such grand jury should, from time to time, order and direct.
The full sum of £100 is usually presented by the grand jury of Drogheda, and assessed by
them upon the county of the town in the proportions of £73 upon St. Peter's parish, St.
Mary's £23, Ballymakenny £3. -
This tax is applotted in St. Peter's parish according to the valuation for the payment of
ministers’ money, but in the other two parishes it is added to the general grand jury assess-
ment, and applotted according to the acre. The deviation from the words of the Act in the
latter parishes arises from there not being any valuation for ministers' money in them. The
non-existence of a valuation for ministers' money in those parishes is accounted for by St.
Mary's containing but few houses of value, and Ballymakenny being entirely in the country.
These parishes have recently been assessed for tithe composition.
The average annual amount of the hospital cess on St. Mary's is 8d, an acre, and on
Ballymakenny only 23d.
The amounts of the assessments upon each acre for the last two assizes were,
St. Peter’s. St. Mary's. Ballymakenny,
- 1833. s. d. s, d. s. d.
Lent assizes - tºº sº º 7 3 7 11 7 4%
Summer ditto tºº tº sº 3 5} 3 9} 3 6
Total - 10 84 11 84 10 10%
The former assessment was unusually heavy, owing to the assizes not having been held
in the summer of 1832, in consequence of the prevalence of cholera in the town at that
eriod.
p The assessments for the last 12 years give an average of about 7s. 7d. per acre in each
year. The tax has in some years considerably exceeded this average, and an instance was
detailed to us of its having amounted to 11s. 8d. per acre in a former year, in consequence of
a default of the collector.
132. That part of the Act of the 33 Geo. II. requiring each parish to applot the amount
is not attended to, the magistrates proceeding in the first instance to make the applotment
without any default of the parish.
In St. Peter's parish the hospital cess is collected as a separate tax, applotted in like man-
ner by the magistrates upon the houses in the parish according to the valuation for ministers'
money. With this exception, the houses in the town are exempt from all grand jury assess-
Iment. -
133. The Corporation previously to 1829 paid an annual subscription of £100 to the Hos-
pital, but the committee of economy in that year recommended that it should be reduced
to £50, and the latter sum has since been annually granted for that purpose.
134. The amount of grand jury assessment is a subject of general complaint amongst the
inhabitants. They allege that the corporation, by their influence upon the grand juries, and in
other ways, have virtually the appointment of almost all the county officers; that consequently,
members of the corporation are invariably appointed, and the highest amount of salary al-
lowed by law annually presented by grand juries in great part composed of persons either
non-resident, or not possessing property liable to the assessment which they are empowered
to impose upon the inhabitants, and without the latter being represented, or possessing the
power of redress.
The privilege of a jurisdiction separate from the counties of Louth and Meath, in so small
a district, does not appear to afford an adequate compensation for this disproportionate weight
of taxation; and it has been suggested, even by members of the corporation, that the
county of the town should be made a part of the county of Louth, for all county
purposes. While the corporation and grand juries are constituted as we found them, no
reasonable anticipation can be formed of any improvement in the system, and both will re-
main, as at present, distrusted and disliked by a great majority of the inhabitants whose mu-
nicipal government has been intrusted to their charge.
135. Ministers' Money is levied in the parish of St. Peter under the 17, 18 Car. II. c. 7,
whereby the Lord Lieutenant and privy council were empowered to allot and charge sums of
money to be paid to the respective incumbents, in cities and towns corporate, having actual cure
of souls, in each parish, out of each house belonging to the parish, whether it be by apportioning
the said money and payment according to the yearly value of such house, or otherwise, so as
the same payment do not exceed 12d. for every pound of the yearly value of each house. The
valuation (in no case to exceed £60 per annum) was made ascertainable by commissioners to
be yº by the Lord Lieutenant, under commissions to be returned from time to time to the
ſº & 10 C
THE TOWN
OF
DROG HEDA.
Applotments.
Grant by Corpo-
ration to Hospital.
Remarks.
Ministers' Money.
County OF 836 REPORTS FROM COMMISSIONERS ON
THE TOWN
QF clerk of the council, but no commission to issue into any one parish oftener than once in three
DROGHEDA. years. The sum allotted or charged on each inhabitant was made receivable by the church-
wardens by four equal portions every year, (viz. 25th December, 25th March, 24th June, and
29th September,) and in case of refusal or delay to pay on demand, they were empowered to
enter the house and distrain on the persons in arrear, and sell the distresses to pay the in-
cumbent. -
These valuations, once made, are never again reviewed, and being made, some at very
remote, and some at modern times, are complained of as being extremely unequal; and as
this valuation is made the criterion of local taxation, it has become in many instances op-
pressive. -
Parish Cess. 136. Parish Cess is levied under the 7 Geo. IV. c. 72, as restricted by the 3, 4 Will. IV.
c. 37, s. 65. The principal items of the cess are, for a fire engine and salary for the engine-
keeper, and for deserted children, under the 11, 12 Geo. III. c. 14 & c. 15; 13, 14 Geo. III.
c. 24; and for coffins for the poor, under 7 Geo. IV. c. 72, s. 10. -
The due applotment of the cess appears to have been much neglected, and although atten-
tion has been lately paid to the subject by some of the householders, it must still be consi-
dered as incomplete.
Grants from 137. The Corporation formerly defrayed the expense of keeping up two fire engines in the
Corporation. town. By resolution of 4th May 1798, it was ordered, “That the annual salary of £9 2s. for
keeping the fire engines in repair be discontinued, and that Mr. Mayor is empowered to get
them repaired, and when repaired to order a sum not exceeding two guineas to be paid quar-
terly to Henry Smith, provided he shall once at least in three months publicly exhibit them, and
show that they are in perfect order, and ready for any emergency.” One of the engines
lately became useless, and it has been replaced at the expense of the parish, which also pays
a salary of £20 to the high constable of the town as fire-engine keeper, in addition to his
salary of £60 from the corporation.
We have obtained the following returns as to the parochial assessments within the county of
the town. .
St. MARY’s PARISH.

Parish Cess.
Amount of
Year. Tithe
Amount Amount Amount Composition.
assessed. levied. expended.
£. s. d. £. s. d. £. s. d. 4°. s. d.
1829 60 0 0 67 19 7 61 4 4 None.
1830 53 6 0 62 18 10%. 61 15 0 None.
1831 59 1 6 59 0 64 56 4 8 Nome.
1832 63 6 0 64 12 0 62 6 0 None.
1833 31 3 10% 24 9 0 24 9 0 || 105 () ()
266 17 4%| 279 0 0 || 265 19 0 || 105 0 0 }
No Fire Engine.
St. PETER’s PARISH.

Parish Cess.
Amount of
Year. Ministers’
Amount Amount Amount Money.
assessed. | levied. expended.
4. s. d. £. s. d. £. s. d. g. s. d.
1829 393 10 6 & O s & © tº 285 2 9
1830 252 10 () 256 17 6 e e e 285 2 9
1831 306 l l 13, 296 14 6 285 15 1%. 285 2 9
1832 161 19 10% tº e e gº & © 285 2 9
1833 647 0 0 tº º º e tº e 285 2 9
Salary of Fire-engine Keeper each year, £20.
MUNICIPAL CORPORATIONS IN IRELAND. 837 COUNTY OF
a PARISH of BALLYMAKENNY.
Parish Cess.
Amount of
Year. Tithe
Amount Amount Amount Composition.
assessed. levied. expended.
#. s. d. #. s. d. £. s. d £. s. d.
1829 16 7 9 16 7 9 16 2 1 None.
1830 15 8 6 15 8 6 14 5 4 || 131 5 0
1831 12 11 0 None. None. l3] 5 0
1832 11 6 0 None. § None. 131 5 0
1833 || Nome. None. None. 131 5 0
55 13 3 31 16 3 30 7 5 ,525 0 0
The accounts of receipts and expenditure of the Churchwardens
are not preserved; and the difficulty of obtaining accurate in-
formation is very considerable.
THE TOWN
O.F.
DROGHEDA,

138. It appears to be desired that the assessment and collection of the different municipal Remarks.
cesses should be united, and that the provisions of the 9 Geo. IV. c. 82, should be adopted
in place of those of the local Acts, for the watching, lighting, &c., of the town.
139. The County Hospital, or Infirmary, is constituted under the provisions of the 5 Geo. County Hospital,
III. c. 20, and the 47 Geo. III. c. 50, to which we have already adverted. The institution is " Infirmary.
principally supported by the “ Hospital Cess,” corporation grants, and the subscription of
private individuals.
The number of governors usually amounts to 20; the institution relieves about 90 intern
patients annually, and upwards of 4,000 patients at the dispensary.
The receipts and disbursements for the last five years are as follows:
RECEIPTs.
Year ended | Parliamentary County Corporation §. Subscrip- Fº &m Total
5th January. Grant. Presentment. || Allowance. $º Pº" tions. etty e
Debentures. Sessions.

£. s. d. £. s. d. £. s. d. f. s. d, £. s. d. £. s. d. £. s. d.
1829
1830 92 6 13 92 6 13 92 6 13 83 l 6 47 5 0 407 4 11}
1831 92 6 1% 92 6 li 50 0 0 || 83 l 6 || 43 I 0 360 14 9%
1832 92 6 li 92 6 li 50 0 0 || 83 l 6 42 0 0 4 16 6 || 364 10 3%
1833
DISBURSEMENTs.
Year ended 7', irºn; tº a tº Surgeon’s
5th Provisions. º Medicines. *. * Allºe Salaries, &c.| Rent. Total.
January. &ll epairs. Bl lonery. for each.

£. s. d. £. s. d. 6. s. d £. s. d. £. s. d. £. s. d. 6. s. d. £. s. d.
1829
l 830 92 16 6# 33 7 5%| 46 14 5%| 15 12 6 15 15 0 |185 5 5}| 39 12 4 |429 3 93
1831 97 16 5}| 8 5 1 || 51 12 6}| 5 7 8 || 15 15 0 |185 5 5%. 29 14 3 ||393 16 53
1832 || 07 19 43| 27 2 5%. 58 15 10 || 33 15 8 15 15 0 |185 5 5%| 19 16 2 |448 9 113
1833 -
140. By the 11, 12 Geo. III. c. 30, (amended by the 23, 24 Geo. III. c. 58, 46 Geo. III
c. 95, and 58 Geo. III. c. 47,) a corporation, consisting of the chief magistrate, sheriffs, and re-
corder, the representatives in parliament, and justices of peace of the town, and certain sub-
scribers, was constituted for the relief of the poor, and the restraint of vagrants and sturdy
beggars, and the grand jury was empowered to present certain sums for the establishment
and support of a House of Industry; but we could not discover that this power had ever been
exercised in Drogheda, or the Acts at all carried into execution.
141. A Mendicity Institution was established in the town in 1821; it is supported altogether
by voluntary contributions; the corporation have provided a house, for which they paid a fine of
}100, and continue to pay the rent, sustaining thereby a charge of £242s. 6d. annually.
The number of persons supported is about 80, the funds are under the control of a com-
mittee of the subscribers, and the average expenditure is about £300 a-year. The contribu-
tions are stated to be inadequate; and the evil of street-begging is not suppressed.
The officers of the corporation, denominated “bang-beggars,” are engaged in clearing the
streets of beggars; they take them into custody, and give them over to the keeper of the Men-
dicity Institution, who detains them during the day, and discharges them at night. The prac-
. House of Industry.
Mendicity Institu-
tion.
838. - REPORTS, FROM. COMMISSIONERS, ON
DROGHEDA.
schools.
Harbour.
Corporation Conser-
vators of the Port.
Parliamentary
Grants.
Harbour Com-
missioners.
tice is open to objection, as not sanctioned by the 11, 12 Geo. III. c. 30, or other Acts upon
the subject. -
142. There is not any School at present under the control of the corporation. Formerly, in
consideration of the sons of freemen being gratuitously educated at a school upon Erasmus
Smith's foundation, the corporation gave an annuity of £10 Irish currency to the master. In
1829 this grant was discontinued, upon the recommendation of the committee of economy, as
the gratuitous education was not given.
This establishment holds a part of its premises under a fee-farm grant from the corporation,
at a rent formerly of £6, but reduced to £3, for the purpose of encouraging the school. .
A return respecting the schools of Erasmus Smith, printed by order of the House of Com-
mons in 1833, shows the following results as to the school.
Number of Scholars. Number on Foundation.
Annual Salaries. Perquisites.
* Roman Roman
Protestants. Catholics. Protestants. Catholics.
r £. s. d.
Master . . . . . 92 6 2 | Residence. & ſº - tº º e & & ſº
Usher . . . . . 92 6 2 | Ditto. 40 {º - 6 -ºl
2d Usher 73 16 11 | Nome. s & © e tº e © o
The corporation give £42 annually towards the support of an exclusively Protestant esta-
blishment, called the “Blue School,” attached to St. Peter's church. It is otherwise sup-
ported by private contributions. The corporation exercise no patronage in consideration of
this grant. -
#. also contribute to the support of two Protestant female schools in the town, one of
which is managed in connexion with the parochial school, and the other under a com-
mittee of ladies.
143. The mayor, sheriffs, burgesses, and commons of Drogheda were in 1729, by the 3
Geo. II, c. 21, constituted Keepers and Conservators of the River and Port of Drogheda, and
empowered to make orders, rules, and bye-laws for the cleansing of the harbour and channel, and
securing ships coming into the port, to be ratified by the Lord Lieutenant and privy council.
They were also to erect a ballast office for the port, by which, and not otherwise, ships
resorting to the port should be furnished with ballast; and to employ lighters, workmen, and
engines for raising ballast in the channel or river within the extent of their authority, and to
furnish ships with ballast at the rates in the Act mentioned, upon notice given by the com-
manders or masters to the proper officer at the ballast office; and, after the erection of the
ballast office, all boats, &c., usually employed in the port, were charged with certain annual
payments to the ballast office. All moneys raised under the Act (salaries and the necessary
expenses being deducted) were made applicable to amending and cleansing the harbour, river,
and port, and in case of an overplus, to erect and support a workhouse to promote the linen
manufacture. -
In 1759, by the 33 Geo. II. c. 1, s. 14, a sum of £2,000, and a further sum of £2,000
in 1761, 1 Geo. III. c. 1, s. 14, were granted to the corporation for promoting inland naviga-
tion, to be by them applied towards enclosing, fixing, and deepening the channels of the river
Boyne from the pile-work below the bridge of Drogheda to the bar of the river, to be ac-
counted for to parliament.
In November 1769 the corporation petitioned Parliament, stating the former grants, which
had been expended; that they had paid £1,700 at former periods, and the further sum of
£1,000 since, out of their private funds; and they prayed a further aid of £5,000
In 1781, by the 21, 22 Geo. III. c. 1, s. 26, a sum of £1,000, and in 1783, by the
23, 24 Geo. III. c. 1, s. 32, a further sum of £1,000, were granted to the mayor, sheriffs,
burgesses, and commons of Drogheda, to enable them to improve the navigation of the river
Boyne from the bridge of Drogheda to the sea.
The rates and duties to the payment of which ships and vessels entering the port were liable
by the 3 Geo. II. were abolished by the 30 Geo. III. c. 39, s. 21; this did not repeal the
3. Geo. II. in other respects; but there is no ballast office for the port, and the corporation seem
to treat the Act of Geo. II. as a dead letter.
144. By the 30 Geo. III. c. 39, the mayor and recorder of Drogheda, the representatives in
parliament for Meath, Louth, and Drogheda, and six aldermen and seven members of the
common council, were constituted Commissioners for improving and cleansing the River and
Harbour.
The 10th and 11th sections of the Act placed the election of the aldermen and common
councilmen as commissioners in “the mayor, sheriffs, burgesses, and commons of said town,”
which would seem to vest this power in the entire body of the corporation; but, like the ordi-
nary authorities of the body, it is exercised altogether by the “Assembly.”
Certain rates and duties on the tonnage of vessels entering the port were imposed by this
Act for a term of 12 years, to be applied, after defraying the expenses of the Act, and paying
the salaries of officers, in improving and cleansing the river and harbour from the bridge to
the sea, rendering it safe and convenient to ships and vessels resorting thereto, and in preserving
and maintaining the works which then were or thereafter should be erected for any of those
purposes. te - g • A 9 º
The rates and duties were made payable to the collector of his Majesty's revenue in the

MUNICIPAL CORPORATIONS IN IRELAND. 839 COUNTY OF
THE Town
- •r, cºn car ºn war k •. lato ºr . . . . in 'oroivri OF
port of Drogheda, who was authorised to detain, as a compensation for his trouble in receiving DROGHEDA.
the same, any sum of money not exceeding 6d. for every f:1 so received. -
At the meetings of the commissioners at the Tholsel, (and there only,) they were empowered
(seven being present) to elect a treasurer and a gauger of tonnage, at salaries not exceeding
£10 per annum each, and to make orders for payments of money necessary for carrying the Act
into execution. They were empowered to raise £1,500 by mortgage of the rates, and bound
to account once a-year before the Commissioners of Imprest Accounts.
By the 37 Geo. III. c. 56, it was recited, that the quays in the port and harbour were insuf.
ficient for the shipping, and the duties before granted inadequate to the purpose of extendin
the quay walls east of the town, and as there was a considerable extent of waste ground ...;
strand on the east of the town, and on the north side of the river Boyne, which had never been
applied to the use or benefit of any person, and which, if walled in, would fully answer the
purpose of affording quays sufficient for the accommodation of the shipping, and for landing
and shipping of merchandise, and a sufficient depth of ground would remain for building
houses and stores in front of the river to the accommodation of the trade, the commis-
sioners were empowered to purchase all the waste strand and ground “lying on the north-east
side of the river Boyne, between the said town of Drogheda and Green Hills, in the county of
the said town, meared on the north by the strand road leading from Drogheda to the sea,
and extending south to the low-water mark of the river Boyne,” with powers such as were
vested in the Dublin Wide Street Commissioners by the 31 Geo. II. c. 19, and other Acts
amending it. The commissioners, as they proceeded in walling-in and levelling the
ground, were empowered to sell, or let in perpetuity and afterwards sell, such part, convenient
for building houses or stores in front to the river; and it was enacted, that all money, arising
from the rents or sale, should be paid into the hands of the collector of the port of Drogheda,
and become a part of the fund for improving the port and harbour, for the purpose of enabling
the commissioners to extend the quays of said town, and to add to the accommodation of the
shipping and trade thereof.
This Act continued the tonnage duties granted by the 30 Geo. II. for a further term of 12
€a.I’S.
y By the 48 Geo. III. (Loc. & Pers.) cap.cvi., the two latter Acts were continued for a year, and
to the end of the then next Session of Parliament, and the commissioners were empowered to
charge the expenses of that Act upon their funds; and by the 50 Geo. III. (Loc. & Pers.) cap. x.
the Acts were further continued for 21 years, &c., with like liberty to the commissioners to
charge the expenses of the Act upon their funds. This Act, reciting that the salary of the
treasurer, and the poundage to the collector, were inadequate to the trouble attending their
offices, enacted, that the salary of the treasurer should be a sum not exceeding £50, and that
the collector of the customs in the port of Drogheda should be entitled to receive Is. in the £1
in lieu of 6d. theretofore paid as and for his fees in receiving and paying the duties.
An Act was passed in 1827, 7, 8 Geo. III. (Loc. & Pers.) cap. xxxv., for making the 30 Geo.
III., and the Acts continuing and amending it, perpetual, and for giving additional powers to
the commissioners, and placing additional sums of money at their disposal.
By this Act, the provision, making the representatives in Parliament for Drogheda, Meath,
and Louth, commissioners, was repealed, and 11 persons named in the Act were added:
and it was provided, that in case any of the additional commissioners, or any others after-
wards elected, (other than the six aldermen and seven members of the common council, and
the mayor and recorder for the time being,) should die or resign, or cease to be qualified, the
commissioners acting in execution of the Acts should elect another person or persons in his
or their room.
This Act requires of the commissioners a qualification, to the amount of £50 yearly value,
in lands, tenements, or hereditaments, or £1,500 of personal estate above their just debts.
They were empowered to borrow, on the security of their rates, duties, and rents, sums of
money for carrying on the improvement of the port and harbour, not exceeding £15,000.
They are enabled to appoint and remove, and appoint reasonable remuneration for, a clerk,
receiver, and treasurer, and such other officers and servants as they may judge necessary; the
receivers, treasurers, or persons appointed to receive the rates and duties, giving security for
answering and paying the moneys received and collected.
Their clerk, or the partner of their clerk, is prohibited from acting as treasurer, and their
treasurer, or the º: of their treasurer, from acting as clerk.
This Act (s. 10.) refers to the clause in the former Act, authorizing and requiring the col-
lector of his Majesty's customs of the port of Drogheda to demand and collect the rates and
duties, and to charge Is. in the £1 as receiver's fees thereon ; and recites that a considerable
extent of ground had been recovered from the river by building additional quay walls,
º e - º º s - ge
which ground had been let for erecting stores and other buildings; and it enacts, that the
said collector may charge at the rate of 1s. in the £1 on the amount of such rents as shall
be received by him, provided he shall give security for the due receipt of the said rents and
duties, to the satisfaction of the commissioners, before he receives any of the said rents, and
shall render an account of all sums received by him, by virtue of the Acts, once in every three
months to the commissioners, and pay over the balance in his hands to their treasurer.
Various provisions are made for securing the rates, and for preventing nuisances on the
quays and in the harbour.
The commissioners are required to appoint and license (with power to remove) pilots for
piloting vessels in the river; harbour, &c., to the outside of the sand-banks in the open sea; and
to fix the rates of pilotage, a schedule of which they shall deliver to the collector of the port,
who shall cause it to be constantly hung up in some conspicuous part of the custom-house.
COUNTY OF
840 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGH EDA.
Officers.
Books.
Collector's
Accounts.
Accounts with the
Corporation of
Drogheda.
A power is also given the commissioners of making rules, orders, and bye-laws, for the
better deepening, cleansing, and keeping in repair the said river, port, and harbour, and pilot-
ing of ships, and for the better regulating, governing, and managing the piers, quays, and
breasts, and other works erected, and to be erected, in or about the river, port, or harbour;
and for better executing the other purposes of the said Acts, and this Act, with pecuniary
penalties, not exceeding 40s. for the non-observance or breach of them; provided, that the
commissioners shall cause such rules, orders, and bye-laws to be printed and distributed, and
painted on boards and hung up (and renewed, if requisite) at the most conspicuous places
* the harbour. An appeal to the justices at quarter sessions is given against such bye-
a WS.
The commissioners under this Act now perform all the duties connected with the improve-
ment and regulation of this port and harbour, from the bridge of Drogheda to the deep sea.
Quays have been built, and the parts of the quays without the town walls are under the care
of the commissioners; the parts within the walls are supposed to be under the care of the
corporation. * -
The charges (66. per registered ton on British and foreign vessels, and 3d per registered
ton on coasting vessels) are made only on vessels coming into the port laden; the not charging
vessels going out laden is considered a defect in the Act, as they enjoy the same advantages
from the improvement of the harbour as those engaged in import, without contributing to the
expense.
The commissioners have expended money in widening the quay, (to an extent of about 10
feet,) on the north side of the river, from the bridge to a point opposite the custom-house;
they have built new quay walls out of their funds, and have subsequently expended money on
the repairs of this quay. By their book of proceedings it appears, that in April, 1818, they
accepted the proposal of George Coulter, amounting to £2,045 3s. 11d., for building the new
quay, and that security, was given for executing the work; and in September following, an
addition of £269 13s. 4d. was made in pursuance of an order that the front of the new quay
wall should be built of cut stone, instead of hammered stone.
The street of the quay is repaired by the corporation as far as the limits of the town, but
they have not contributed to the building or repairs of the quay walls: and when it was dis-
cussed whether the improvement of the quay ought to be made by the corporation or the
harbour commissioners, it was determined by the latter that they should bear the expense;
the clause of the Act, giving them the right to ground taken from the river on the north side,
was considered to warrant this decision.
The commissioners, at the time of our Inquiry, had paid off all former debts, but had then
borrowed, on the security of the rates, &c., a sum of £10,000 to expend in additional improve-
ments under the inspection of the Government engineer.
145. The Officers of the commissioners are,
A Treasurer,
A Secretary, whose duty appears merely to be to enter the proceedings of the commission-
ers, which are very brief, for which he has a salary of £ a-year.
A Collector, who is his Majesty's collector for the port of Drogheda, and receives the ton-
nage duties and rents of the commissioners, and has 1s. in the £1 upon his receipts.
146. We could discover but three Books in existence belonging to this board; viz. an order-
book, or book of proceedings; a cash-book, and a general yearly account-book.
The earliest annual account in these is for the year ending 5th January, 1811, from which
time the annual accounts are continued down.
There are entries of cash payments for one year, 1819-20, but the regular entries in the
treasurer's cash-book do not commence until July, 1827.
147. The Collector keeps no book of any kind; an Account is taken every week, from his file,
of the tonnage of the vessels coming into the port, and he is charged, then, what ought, ac-
cording to this, to be in his hands; not according to cash receipts.
In November, 1827, the commissioners ordered, “that the collector be required to furnish
an account of the names of the vessels, the date of their arrival, with the registered tonnage,
the tonnage duties which have arisen for the quarter ending 10th October, 1827, and be
requested to continue the same in future.” The return required by that order was made, after
some months, but it has not been continued, although, as we were informed, some of the
commissioners had stated that they insisted on having the return and accounts kept. On
one occasion, it is alleged, the collector answered, that “it was very ungentlemanlike to
request accounts to be kept.”
By these books it appears that the collector has been indebted to the commissioners since
1829 in the sum of £200, which he has kept in his hands. In that year the commissioners
sold a certain part of their lands for a sum of £4,000, which was received by the collector,
who claimed and retained £200 as poundage on that sum. The attorney-general's opinion
was taken upon the right, and was against the collector, but he is still allowed to retain this
money in his hands. .
148. The concerns of the harbour commissioners are by no means actively attended to. An
Account subsists between them and the Corporation of Drogheda, upon which a balance has
long been due to the commissioners.
The corporation of Drogheda had advanced the amount of a bill of costs for passing the
Act of the 50 Geo. III. (Loc. & Pers.) cap. x., continuing the commissioners' tonnage
duties for 21 years. On the other hand, the corporation became tenants, at a rent of £45
a-year, to the commissioners, of premises upon which a butter-crane was erected. In 1828,
the corporation sold their interest in the lease for £420, and the commissioners, afterwards,
MUNICIPAL CORPORATIONS IN IRELAND. 841 County of
The Town
sold their interest in the reversion. The account is entered thus in the books of the Daoğied A.
Commissioners:
- HDr. £. Se d. | Cr. - £. $. d.
The corporation for rent, at £45 a. Cost of bill, for tonnage duties
year, 17 years, March 1811, to paid by corporation - - 665 14 10
March 1828 - º º - 765 0 0
Paid to Wm. Cheshire, on account
of debt to the corporation - 50 0 0
Moiety of expense of taking down
Fair Street Hill - tº- - 24 17 24
£839 17 24
Some greater degree of zeal is supposed to prevail since the recent Act than before.
A considerable increase in the exported tonnage is observable; thus
1828 - - - - - - - - - 31,909 tons.
1829 - - - - - - - - - 41,044
1833 - - - - - - - - - 58,785
The Harbour Commissioners furnish annual accounts to the commissioners for auditing
the public accounts. Their receipts and disbursements for five years have been as follows:
RECEIPTs.
Year
g Money For Rents | For Rents sold
sº Tonnage Duties. Rents. borrowed. | fined down. | by Auction. Total.
£. s. d. £. s. d. £. ſs. d. £. a. d. £. s. d. £. s. d.
1829 1,015 10 6 175 0 10}| 550 0 0 e e º . e e <> 1,170 11 43
1830 1,108 15 3 || 307 5 5 © Q & 193 16 11 3,700 0 5,309 17 7
1831 | 1,054 10 0 | . . . tº tº Q © º Q © Q & 1,054 10 0
1832 l,016 2 3 © Q & O € $ tº e O © tº º 1,016 2 3
1833
DISBURSEMENTs.
º: Steam Dredge Stati
to ... [. 5 * , V : IOIl- - Sums
† : Ponts, Perches ery, * | Salaries tº Law Costs, and
# rº. Labour, &c. $. Lº . Printing, §º and #. Rent. Expenses of bºyº Total.
㺠rials and all Lamplighting and Adº & * |Allowances.] e renewing Act, Interest
§ Repairs. vertising. C. tº
w £. s. d. £. s. d. 6. s. d. 4. s. d. 1 #. s. d.ſ. s. d. 6. s. d. £, s. d. £. s. d. 6. s. d. £. s. d. 4. s. d.
1829,902 7 3 | . . 66 7 6. . . . 18 14 7] . . 138 15 2 | 19 1 7} . . e e & . . |l, 145 6 13
|1830.522 in 63437 0 2 | . . 80 3 & 33 14 993 41848 & 13 37 03:10 10 0 (; ; {} 636 8 0 |3,338 12 24
1831||128 3 1 |549 8 0 | . . 46 7 0 || 0 10 0 . . 152 16 5}| 5 2 7 © & • * * º º 882 7 1:
1832,233 13 10 |533 11 83 . . {} i. } 5 7 4. . . [130 0 83 40 4 . . . 268 14 3 . . [1,262 10 ll
1833
|
The disallowances of the commissioners of accounts, in their report for 1830, were as
follows:
“A payment to the mayor and corporation of Drogheda to £. s. d.
reimburse them a sum advanced to the commissioners of
the harbour, to enable them to renew a former Act of Par-
liament, no bill of particulars being produced - º - 614 10 7#
“An over credit taken as paid to Thomas Grenden for cast
metal work, the payment having been made in the late
Irish currency instead of British - gº tº-2 º - 0 l l 5
“A credit taken as paid to Mr. Dorrington for Parliamentary
fees, included in a bill of costs of George Pentland, solicitor,
for want of bill of particulars - * tº cº- º 268 14 3
“A payment to William Huey, collector of customs, for per
centage on rents fined down and rents sold, the same bein
contrary to the Act of the 7th and 8th Geo. IV. c. 35,
included in the above sum for salaries and allowances 194 13 10
“Final disallowances - - -1,078 10 l
149. The corporation possess a predominant influence in this board. Fifteen of the Com- Remarks,
missioners are selected from the assembly; of the 11 Commissioners named in the Act of
7, 8 Geo. IV., three had resigned or died at the time of our Inquiry, and of the remaining
eight, three were members of the assembly, and two others were freemen. Two of the
vacancies were filled up; one of the new members appointed was a freeman, the other was a
Roman Catholic. Three vacancies in the common council Commissioners had recently
M. C. Z. 10 D

County of
842 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Boyne Navigation.
Company.
FAIRs and
MARKETs,
occurred, and two of the three common councilmen appointed were not in trade; one was
a physician, the other an attorney. The reason assigned for this selection was, that it was an
object to have persons who would attend “to make up a board,” as the business, frequently,
could not proceed for wantof members; the two gentlemen elected were likely to attend, and, from
the number of absentees in the assembly, it was supposed they could not have made a better
selection from their body. About 12 of the whole body are considered “good attenders,
when particular business is to be dome,” but on other occasions, adjournments, for want of
Commissioners, are frequent. Four of the common council Commissioners, and six of the
others, are interested in the trade of the port as ship-owners. It seems admitted on all hands
that this board ought to be remodelled, and made an open body, having men in trade elected
without reference to the parties being free of the corporation.
150. The Boyne Navigation Company is a distinct body, incorporated for the purpose of ren-
dering the Boyne navigable from the bridge of Drogheda, upwards, to Trim. This work was
originally contemplated in the general Inland Navigation Act of 1715, 2 Geo. I. c. 12, s. 21.
In April 1746, the corporation assembly of Drogheda having been acquainted, that the in-
land navigation board had under their consideration the applying of the funds vested in
them by Parliament to this work, and that it had been objected that the water customs of
the corporation, if required to be paid for goods and vessels passing that way, would be
a discouragement to the navigation, they empowered one of the aldermen, who was a
member of the navigation board, to engage for the corporation as he should think fit, for the
abatement of all such water customs.
In 1787, certain Commissioners were incorporated for managing this particular navigation,
and the members of Parliament for Meath, Louth, and Drogheda, and the Mayor of Dro-
gheda for the time being, were constituted members; but in 1789, by the 29 Geo. III. c. 33,
debentures to the amount of £12,500, bearing interest at four per cent. per annum, were
ordered to be issued to such persons as should be undertakers for completing the navi-
gation from Drogheda to Trim, pursuant to their petition to the House of Commons;
and, by s. 21, so soon as the subscribers and undertakers should be incorporated to carry on
the navigation, the Commissioners were to stand devested of their former authorities, which
were vested in the subscribers and undertakers.
The work has only been completed as far as the town of Navan.
151. The charter of the 7 James I., after a general grant of murage, pavage, pontage, and
keyage customs to the corporation, grants to them two separate Fairs within the town or its
franchises, one on the feast of St. Barnabas, and the other on the feast of St. Luke, and
five days after each, with a Court of Pie Poudre, and all liberty and free customs, profits, re-
ventions, advantages, and emoluments to such fair and court pertaining; and this is
followed by a general confirmation of all lands, tenements, hereditaments, revenues, tene-
ments in fee, fee-farms, customs, tolls, &c., by any of the King's predecessors, by their sepa-
rate charters to the corporation theretofore granted, or by them used, possessed, or enjoyed
by any usage or legal prescription. g
The charter of William III. recites, that the corporation of Drogheda had anciently kept
and held four fairs yearly within the county of the town—viz., on the 1st May and 11th June,
(St. Barnabas,) 15th August and 18th October, (St. Luke) and five days after each, together
with a Court of Pie Poudre before the mayor; and it grants to them, in general terms, to hold
all the liberties, privileges, and jurisdictions therein before recited, and all other liberties, &c.,
“tolle, concessions and donations whatsoever,” and all their “former ancient rights, tolls,
customs, and usages whatsoever,” granted them by any of the King's predecessors by several
charters, and by them (the corporation) “lawfully used, possessed, or enjoyed, by reason of
any use, custom, or lawful prescription.”
These fairs are now held, according to the new style, on the 12th May, 22nd June, 26th
August, and 29th October, and last but one day each.
A very recent patent, of the present reign, already mentioned, (14th February 1833) has
been obtained, which recites an inquisition, taken upon memorial of the corporation, stating
that four fairs, to be held on the second Monday in March, second Friday in April, third
Friday in November, and third Friday in December, would be of no prejudice to the King or
his subjects, and grants the corporation authority to hold such fairs in the town, and to
receive “reasonable toll,” reserving a yearly rent of 12s. 4d.
There is no express grant, on record, of a market to be held in Drogheda; but, in usage,
Tuesday is considered market-day for cattle, (horned cattle and sheep,) and Saturday general
market-day. On Fridays large quantities of cattle are driven in, to supply the meat market of
Tolls and Customs.
Places of Collection.
Saturdays.
152. Tolls and Customs have long been levied in Drogheda. Those of which they have been
in the receipt are classed under three heads—viz.: 1st, gate customs; 2nd, pontage; and 3rd,
water customs; and are claimed under a right of toll-thorough for murage, pavage,
º. and keyage, the royal grants with respect to which have already been noticed in this
eport.
The terms of the latest charter on the subject, 7 James I., are general, granting and con-
firming “that they the said mayor, sheriffs, burgesses, and commons of the said town of
Drogheda, and their successors, may have, take, and receive, for assisting and repairing the
bridge aforesajë, and also for repairing the walls, streets, keys, and pavements of the town
aforesaid, of and from all merchandizes imported to the town or port of Drogheda aforesaid,
and of and from all merchandizes exported from the said town or port of the said town, as well
by land as by water, the custom and imposition following, that is to say”—&c.
153. There were formerly seven gates placed at the entrances in the ancient walls of the town;
MUNICIPAL CORPORATIONS IN IRELAND. 843
COUNTY OF
four on the side of Louth—viz., West Gate, Fair Gate, Sunday Gate, and Laurence Gate;
and three on the side of Meath—viz., John's Gate, Duleek Gate, and Dublin Gate; and
collectors were stationed at each. Another collector was stationed at the principal quay upon
the river, where goods imported were landed. But now, the gates on the side of Meath have
been given up, and the collection has been removed to the bridge.
154. Toll Boards are maintained at the several gates on the side of Louth, at the bridge, and
also at the principal landing-place. Those now in use are intended as transcripts, or rather
translations, of the schedule in the charter of the 7th James I., which is conceived in the terms
of those granted by former monarchs, from the earliest in the time of Edward III. with little
variation. -
The schedule at the bridge is headed “A docket of the customs, tolls, duties, and pontage
payable to the corporation of Drogheda on goods, wares, and merchandizes imported or brought
into the town or port of Drogheda, as well by land as by water, and of all goods, wares, and
merchandizes exported from the town of Drogheda, as well by land as by water.”
The schedules at the gates are similar, omitting the word “pontage.”
The schedule of the quay is “A docket of the customs, tolls, and duties, payable to the
corporation of Drogheda, on goods, wares, and merchandizes imported into and landed at the
port and town of Drogheda, and of all goods, wares, and merchandizes exported from the said
port and town of Drogheda.”
155. We have been furnished with a printed copy of “A Docket of the pontage and gate cus-
toms belonging to the corporation of Drogheda,” published by the corporation printer in the year
1812. It appears to have been that which governed the exactions up to October 1829, when
the corporation had their dockets revised with reference to their charters; it had, probably,
been in use for more than a century previous to that time. -
It is alleged, generally, on the part of the corporation, that this alteration was unfavourable to
the public, as the former tolls were less than the corporation were entitled to under the grants
to them. This is true, in some respects. The old printed docket contains a short schedule of
“pontage,” and a very long schedule of “gate customs.” The charges for pontage were
generally less than the charter authorised, and it contained a “N.B. When pontage is paid,
no gate custom is paid.” But the charges for gate customs were in many respects much
greater. *
$5 Thus, as to the charges upon cattle, in the old printed docket we find,-
d.
Pontage: “For every ox, bull, or cow, going through tº & 0}
“Every score of sheep or lambs, ditto - º gº I”
Gate Customs: “Every horse, mare, or gelding, bought or sold iº 4
“Every ox, cow, or bull, ditto - º ºp gº tº 4
“Every two-year old heifer or bullock º sº 2.
“Every yearling ditto - tº dº º tºº &º I
“Every veal or calf - tº * † tºº tº tº 0%
“Every hog, sheep, or goat, coming to the market
to be sold - «º $º gº gº gº sº 0}
“Every lamb or kid, ditto - tº º gº - 0}
“Every hog, goat, or sheep, coming into the market,
sold in and out - tº wº tºº * . º |
“Every lamb or kid, ditto - tº dº sº - 0}”
But in the charters, and in the present docket, the charges are,
2
“Every horse, value 40s. and more, for sale tº • - dº
“Every mule, horse, bull, ox, or heifer - • - dº * > 1
“Every calf, for sale tº as º ºx! sº gº º sº 0}
“Every pig, sheep, and goat, for sale - - - - - 0}”
The moderation of the charges for pontage was probably induced by the consideration, that
the owners would have brought their cattle or merchandize by some other road, had the charges
at the bridge of Drogheda been heavier.
The old printed list of gate customs, on the one hand, left at large a great number of articles
specifically taxed in the charter; and, on the other, contained a much greater number of
particular articles, with charges annexed, than are mentioned in the charter schedule; and the
general assembly appear, from it and from other evidence, to have exercised a power of
making additions and alterations in the docket, and, at times, exemptions, as they pleased.
156. The corporation, in consequence of the opposition to the collection of arbitrary toll, as
formerly practised by them, now profess to be guided strictly by the terms of their charter
schedule; but we apprehend it will be found that the public by no means enjoy the benefit
intended for them by the specification of the charges in the grant of toll, and that, practically,
the directions of the charter are overstepped.
In the first place, difficulties arise from the terms in which the schedule itself, in the
charter of James I., is expressed. It was evidently intended to have been transcribed from
some of the earlier grants, all conceived in nearly the same words and in the same order; we
refer to the schedules in the charters of the 7th January, 29 Edward III., and 9th April,
5 Henry IV. ; but there are deviations in some cases, rendering the schedule wholly unintel-
ligible, a matter not mended in the translation. For instance, in the schedule of Edward III.
we have, “ de mille clavor' & Speykynges veſi unil denariil,” and in that of Henry IV.
mille clavor' de Spykynges venal' unil denarii.;” this is transcribed in the charter of James I.
“ de mille clavor de shipskins venal' un’ demar,” and translated in the docket in use, “Every
thousand nails of sheepskins for sale, one penny.”
M. C. I. 10 E
THE TOWN
OF
DROGHEDA.
Toll Boards.
Docket of 1812.
Present Charges.
COUNTY OF 844 REPORTS FROM COMMISSIONERS ON
THE ºwn - ~.
. A great portion of the imposts are specified in antiquated terms difficult to be understood,
Droghed * and of the meaning of which the toll-collectors acknowledge their ignorance, and which, of
course, do not afford any practical guidance either to them, or to the public, in the exaction of
tolls. -
For instance, we find the following:— - d.
“Every Bolt of Eylesham for sale - - - - - 0}
“Every Bend of pieces of iron for sale - - - - 1
“Every Linch of tin for sale - - - © • - 1
“Every Footmell of lead for sale - - - - - 0}
“Every Frail of Battry - - , - - - - - 4
“Every hundred pounds weight of Scroff for sale - - 1.
“All kinds of Avoirdupoise, value twelve pence, for sale - 0}”
In regard to malt, corn, meal, &c., matters of daily traffic, there is a difficulty arising from
both sources, the mistranscription of the charter, and the obscurity of the expression.
intended.
In the charter of James I. we find,
“ De quolt cunnet’ brass' cursal' et capital' venal' -
“De quolt cunnet' bladi venal' º º tº
“De quolt cunnet' ordei fabar' et pisar' venal', -
“ De quolt cunneto farine avenar' et al’ blador’ - un" denar'.”
There is not, as far as we could ascertain, any such word as “ cunnet,” here used; in
the ancient charter the word used in the corresponding places is “crannoc',” and this word is
substituted in the dockets in use, which run
wn' demar'.
wn' obol'.
wn’ deman'.
d.
“Every crannock of common or superior malt, for sale - 1
“Every crannock of corn º tº tº tº gº - 0}
“Every crannock of barley, beams, and peas - º - 1
“Every crannock of the meal of oats and of other grain - 1”
The collectors had no idea of the meaning of a “ crannock,” but stated to us that they
charged on flour and meal, ld, per bag; on oats, 0%d. per barrel; on barley, wheat, &c.,
ld. per barrel. The charge on wheat is evidently doubled. If “crannock” meant “barrel” it
would have been authorised by an item in the ancient charters, which ran, de quolt crañoco
frument veſi unil den’s de quolt sumagio bladi veſi uni, ob'. But the words were varied, as
above, in the schedule, in the charter of James I.
The toll-collector states, that when a dispute arises as to the amount of the toll payable,
he refers the parties to the docket; if they are not satisfied by the inspection of it, he refers
them to the magistrates, if sitting; if not, he exacts his demand upon his own responsibility,
informing the parties that they may summon him, and he will attend them before the magis-
trates.
The course, when the parties go on the instant before a magistrate, when sitting, (for other-
wise it is seldom worth their while to institute a proceeding against the toll-collector,) con-
sists merely in the magistrate looking at a copy of the docket, and informing the parties
that the charge is regular, upon which they usually submit, and pay it. The magistrates, it is
said, never profess to find any difficulty in understanding the docket; in fact, every matter of
doubt is considered as solved by referring to the concluding words of the docket, viz.
* For every kind of merchandize not here mentioned, value two shillings, for sale, one
halfpenny.” -
But the charge is never actually made in the manner so prescribed; arbitrary charges
are instituted, and supported under colour of this imposition. For instance,
As regards articles not at all noticed in the docket, we find, from the statement of the pre-
sent Toll-farmer, that the following charges are made :
Sugar - - per hogshead º - - - 3
Tea - - - per chest ſº sº º tº - 2
(But of the amount of this latter the present toll-farmer said he was not sure, not knowing
how much the collector he employed charged.)
d.
Whisky or other spirits per hogshead tº º - 3
Ale and beer - & º per barrel º tº - 1
Coals - tº tºº gºs per ton * * cºe - 4
Potatoes - wº tº e per sack (if containing a barrel) 0}
Lime - - - per cartload gº - - 0%
Bricks tº • * tºº ditto - tº gº sº - 0}
Other goods (generally), ditto - gº sº - - 3
(The charges by the cartload are stated to be taken only at the bridge.)
Great part of these impositions evidently exceed the limit of the general clause, and
are daily exacted, whilst no means are afforded to the public of knowing what the actual
TateS are.
MUNICIPAL CORPORATIONS IN IRELAND. 845
COUNTY OF
*
The items of the schedules now used are as follows:
sº
d 0.
For every pound of ginger for sale . e † . 0} | For every tun of wine for sale º © º • 4
, , pound of saffron for sale s e • 1 , , pipe of wine for sale © g ſº ... 2
5 5 3. of pepper for sale . o fº cº § 3.5 * of common or superior malt for I
, , pound of nutgalls for sale ſº º e Sale • º & - © * > º gº
;: pound of cloves for sale . © * > ... 1 , , crannock of eorn . g tº º . 0}
, , pound of mace, quibibus, and grains of } 3 * . º: º for º: i o a o ;
Paradise . e e º e . 0 2 3 orse load of butter for Sale . e. &
For all other kinds of spices of the value of twelve , , last of butter for sale . o ſº . 1
pence ge tº cº e e . 0} ,, stone of onions for sale . º s - 1:
For every hundred pounds weight of wax for sale 4 ,, barrel of herrings for sale * º ... 4
, , hundred pounds weight of almonds and rice , , mease of herrings for sale «» tº • 0}
for sale . . . . g & tº ... 2 , , crannock of salt for sale . e • 1
, , frail of figs and raisins for sale tº . 0} , , crannock of barley, beans, and peas . • 1
, , hundred pounds of alum for sale . . ... 2 , , crannock of the meal of oats and of other
, , hundred pounds weight of leek seed for sale 2 grain º {e ſº • . . • 1.
, , twelve pounds weight of onion seed for sale 1 , , quantity of cheese and butter, in value
, , pound of silk for sale . o º ... 1 twelve pence, for sale . tº , tº . 0}
, , head of fine limen for sale © g ... 1 , , sack of wool for sale o e Q ... 4
, , hundred ells of canvass for sale { . ... 2 , , stone of wool for sale . . * tº • 1
, , bolt of Eylesham for sale º * 0% Anvºki º º green, . º for sale. • 0}
piece of karde for sale e s . 1, Any skins value twelve pence for sale. . •. 0+
º caddow or other cover of a bed for sale . 0} | For every hundred skins of sheerlings . tº • 0}
, , twelve felt hats for sale . © e . 0% 2 3 i. : ſº º for sale . • 0%
piece of flage for sale . e e ... 1 undred skins of woolleus ior sale . ... 2
. . whole piece of entire English cloth for sale 4 ; hundred lamb skins for sale º • 1
, , twelve ells of English cloth for sale . ... 2 , , hundred coney skins for sale e . 1
, , piece of Irish cloth containing 12 ells for sale 1 || Other skins value twelve pence ..... • g . 0}
, , piece of Irish linen cloth containing 12 ells | For every horse, value forty shillings and more, for -
for sale Ç c º e . 0} sale & º g tº * ſº tº . • 2
, , hundred pieces of iron for sale. º ... 2 For every mule, º bull, ox, or heifer . ‘. . • 1
bend of pieces of iron for sale o • 1 , calf for sale . g e wº 0 .
;: horseload of slabbs for sale . e • 1 . pig, sheep, and goat for sale e . Of
, , hundred stones of Spanish iron for sale 4 , , horseload of fish for sale Q º - 0.
5 5 i. . ºº: l º tº o tº h 5 y hº * for sale º g h
OOtmell Of 1021 (1 IOI Sale © o e Sall IſlCIl IOT S3.10 e wº tº º t -
- . . hundred pounds weight of scroff for sale l ;: thousand eels and morlings for sale . . . . .
All kinds of Avoirdupoise value twelve pence, for sale 0+ , , kind of timber, likewise two-horse cart or
For every thousand nails of sheep skins for sale • 1 cars and boards, value twelve pence, for
twelve shares for sale . dº ſe • 1 sale . tº tº tº tº tº . 0}
. . frail of battry for sale . . tº e • 4 , , kind of merchandize not hº mentioned,
large caldron for sale . & tº . 1 value two shillings, for sale . & . 0}
º saddle worth five shillings for sale . . 0} ºl
157. Several charges on manufactured goods are found in the dockets.
It is alleged that toll is not actually taken on limen cloth or calico, but no notice is taken
in the dockets of the exemptions under the 3 Geo. III. c, 34, s. 56, of flax seed, hemp seed, flax,
hemp, cotton, cloth made of linen, or hempen yarn and cotton mixed, kelp, potashes, wheels,
reels, hackles, and looms, from all toll custom, or duty whatsoever, by reason of being
brought over any bridge, or through any city or place, &c. On the contrary, as above
shown, several of these articles are retained in the dockets, as if liable to the pontage and
gate customs, nor is it clear that custom is not actually charged upon some of the exempted
articles.
158. The goods of freemen were at all times exempt from toll; and partial exemptions in
favour of other of the inhabitants appear from the old printed docket to have been granted from
time to time. For instance, º,
“ All cattle and provisions brought to town by private families for their own use.”
And in October 1744 it was expressly ordered, “That goods coming into the town for pri-
vate gentlemen's use, and for consumption in their families, do pay no custom.” However,
this exemption is not now conceded, and private individuals are obliged to pay custom on the
produce of their farms, when brought into the town for their own consumption.
It is stated that toll is not now paid upon salt, and we find that the gate custom on salt
and lime manufactured in the town was struck off as early as 7th October 1763, “ during the
pleasure of the corporation;” but “pontage” is still charged upon lime, as above mentioned.
159. Until a recent period, the tolls of the corporation of Drogheda were exacted at the gates
without any regard to the restrictions imposed by the 4 Ann. c. 8. Charges were made upon
all cattle and goods either entering the town or leaving it; and if passing through, both on
the entry and exit, and although they were not driven or carried over the bridge, and
although they were not brought to be “sold, consumed, or slaughtered” in the town.
§ 160. These illegal practices led to a general resistance to the payment of the tolls claimed by
the corporation; and owing to difficulty experienced in the collection, no one could be found
to bid for them, when set up to auction in the usual way, in October 1827. The corporation,
with a view of asserting their right, appointed one of their own body (a member of the
assembly) as toll-collector for two years, (from October 1827, to October 1829.)
During this period the collection was attended with frequent riots. The collector stopped
the goods on coming to the gate or entrance into the town, and demanded the toll. On re-
fusal, the cars were stopped until the owner paid, or turned back. The riots were commenced by
the farmers waiting until a great number of cars were collected together, when they whipped
the horses and galloped through the toll-gate. -
Frequent assaults were committed. Proceedings were taken by the toll-collectors for the
assaults, but not for the non-payment of the toll.
The parties charged were arrested by the constables who attended at the gates, and, in
Some cases, under warrants made out by the town magistrates.
THE TOWN
OF
DROGHEDA. .
Exemptions by
Statute.
By Freedom
and Order of
Assembly.
Toll Thorough.
Toll Rio's.
846 REPORTS FROM COMMISSIONERS ON
THE TOWN
. OF
DROGHEDA.
Alteration of
Practice,
Multiplication of
Charges.
Water Customs,
Some of these cases were tried at the assizes at Drogheda, and others at the assizes of the
adjoining county of Louth. The toll-collectors and the constables having proved the assaults,
convictions were had in some instances. -
These riots were carried to such an extent, that a body of police and a stipendiary magistrate
were sentinto the town by the Government. This officer having attended at a discussion before
the magistrates, arising out of a disturbance caused by the exaction of toll-thorough, recom-
mended the corporation to give up the collection, on the ground of its being illegal. The
magistrates acquiesced, and an understanding was entered into that it should not be any longer
collected, or that the right should be immediately tried: this latter has not been done.
161. The opposition and resistance to the payment of toll at length led the corporation to the
revision of their dockets, with the view of making them conformable to their charter;
and the toll-collectors now profess not to charge toll-thorough upon goods carried through the
town and not brought over the bridge,_for instance, on cattle or goods brought in at West
Gate and out at Laurénce Gate.
However, there are still frequent disputes respecting this charge, as where goods are brought
into the town to be stored there.
A case of this kind was brought before the magistrates, and they ruled that goods stored
were liable to the charge, though allowing that if they were shipped immediately from the
carts into the vessel, the charge ought not to be made. -
But in some later instances, meal having been brought in through one of the gates to be stored,
and the toll-farmer having exacted the toll as gate custom, the parties sued the toll-farmer by
civil bill before the assistant barrister for the county of Louth, who ruled against the right to exact
the toll, the article being for exportation. The toll-farmer entered an appeal to the judge of
assize, which was dismissed for want of prosecution. -
Generally speaking, the toll-collectors assume that the cattle or goods brought to the
town are intended to be “sold, consumed, or slaughtered” there; and, when this is not
the case, (except as to goods carried over the bridge,) their demand, which they exact in the
first instance, is necessarily illegal, although they may be willing afterwards to return the
amount.
We had detailed to us in evidence numerous cases of individuals having been aggrieved by
such illegal demands, which led to breaches of the peace on the one hand, and, on the other,
to the exercise of the corporate authorities in support of the demand of toll, or of the
officers or parties engaged in the collection. Some of these cases led to the proceedings against
the magistrates in the King's Bench already adverted to. -
Where the toll-collector has been convicted of taking illegal toll, the penalty inflicted upon
him has been paid by the corporation collector, and by him charged to the corporation in his
account with the treasurer, by whom, he states, it was allowed as a matter of course.
162. The Charges for pontage are, in many cases, extremely vexatious to the inhabitants.
For instance: Hides brought into the town to be tanned are charged gate custom, and, when
tanned, the leather, if brought across the bridge, is charged pontage, although not taken out of
the precincts of the town. *
In like manner, oats are charged gate custom at the entrances of the town; then, pontage, in
going to the mill to be ground, and again, on returning, the next day, as meal. Orders of
Assembly were made in 1761 and 1812, exempting meal from some of those charges, but they
are not now attended to.
Goods, also, in the hands of passengers going over the bridge, were charged the same
amount for pontage as is expressed in the general schedule of the gate customs.
163. The Customs called “Water Duties” are not now collected. It was not the usage of the
corporation to demise these, like the pontage and gate customs; they appointed their own
collector. - - t
The collection of these customs was not resisted in the same manner as that of the gate
customs. The parties, in this instance, were the merchants of the town, who have refused
altogether, since the year 1828, to pay them. Actions were brought by the corporation against
some of the merchants, but were not proceeded with.
A collector of the water customs (the office was usually for life) is considered still to remain
in appointment for the collection of the duties, but without salary. About six years ago, a
servant of one of the merchants paid water customs to this officer upon malt intended for
exportation; but the merchant having threatened to commence an action to recover the amount,
the money was returned. Still it is not professed that the corporation have formally abandoned
the collection. In 1746, as we have already mentioned, they made a tender for the abatement
of all water customs which they had a right to, whereby the navigation of the Boyne (above
the bridge of Drogheda) might be any way discouraged; but they did not carry their reso-
lution into effect. Af
The exaction of toll on the river was carried to a grievous extent. Charges were made on
corn brought down from Navan, in lighters, by the Boyne navigation, to be stored in
Drogheda for exportation, (viz. 0%d, on oats, and 1d. on wheat, per barrel;) these were
taken as “pontage” on the goods, though brought under the bridge; and when they were
shipped for exportation, the charges were made again, under the name of “water customs.”
Oats, thus brought to the town, having been sent to a miller to be manufactured into meal,
another charge was made (0%d. per barrel), thus making three payments for toll on the same
COrn.
Although some of the merchants had refused, for years, to submit to these charges, and had
not been compelled to pay them, yet others continued to pay them,--a circumstance attributed
to the alarm felt by the parties of being brought before a magistrate of the corporation, they
preferring, rather, to suffer the imposition,

MUNICIPAL CORPORATIONS IN IRELAND. 847 COUNTY OF .
THE TOWN
164. The right of the corporationto levy toll at their fairs, in the same manner as at other times, OF
has been contested; the toll-payers contending that, as there is not any express grant of toll DROGHEDA.
immediately annexed to the fairs granted by the charter of the 7 James I., no toll whatever is Toll on Fair and
payable at them; and that, as to the modern fairs, the general grant of “reasonable toll, Market Days.
&c.,” cannot carry rights so extensive as the corporation exercise.
The corporation have lately made some alteration in the mode of charging the toll on
cattle on fairs, and cattle-market days. At present, on those days, generally speaking, cattle
are not charged gate custom on coming into the town; but, if they are sold, the custom is
levied on going out. If they are driven over the bridge, pontage is taken, both passing and
repassing, and whether sold or not.
In case of being brought out at one of the gates, the course is to stop them for payment of
the custom ; and if the parties assert that the cattle were not sold, the collector refers the
dispute to one of the magistrates, without a “pass” or docket from whom, the collectors,
if they conceive there has been a sale, will not permit the cattle to be driven out, unless upon
payment of the toll.
165. The collection of tolls and customs has been at Drogheda one of the most fertile sources Remarks.
of riot and dissension. The opposition to them is attributable, not merely to objections,
sufficiently numerous and important, to the manner in which the greater part of the im-
posts were levied in detail, but still more to a general impression, that opposition was justi-
fiable, the expenditure of the corporation in the repairs of the bridge, walls, streets, and
quays, not being at all commensurate with the proceeds of the tolls.
The difficulties and the unpopularity of the collection were at length such as to make the
corporation, for a time, desirous of abandoning it altogether; and in May 1829, a Committee
of the General Assembly reported, in the following terms, upon the amount of the receipts
and disbursements, and the opinion entertained by them upon the expediency of discontinuing
the collection. They stated the proceeds as follows:
“Gate Customs. Water Customs.
S. Cº. S. Q.
1825 tº - 913 10 0 ge - - 15I 3 2
1826 º - 897 15 0 sº -> - 252 1 II
1827 º - 844 3 7 º º - 241 15 10
1828 tº - 515 l l 1 tº º - 34 17 6 -
They then added,— I .--
“Your Committee have also examined into the expenditure incurred by those objects, which,
by your charter, are particularly pointed out as to be provided for from these funds.
£. s. d.
1825 expenses 637 7 13
1826 - - - - 661 18 11
1827 - - - - 1,063 17 1
1828 - tº tº- - 415 0 4
1829 - - - - 226 18 4
Leaving £1,263 12s. 6d. applicable to other purposes.
“Your Committee cannot close this Report, without calling to your attention the heavy
costs incurred by law proceedings in supporting the claims of the corporation to collect their
tolls, or in defending themselves and servants against proceedings taken against them; these
amount, in the last two years, to £820 12s. 10d., and they regret to state that they see
very little prospect that this cause of expense will diminish. º spirit, which they are well
aware is in existence, renders it probable, that every difficulty that can arise from litigation
will be multiplied; and that the exertions of the corporation and their officers, both personal
and pecuniary, will be constantly called into action in support of this branch of their revenue.
“That, under the circumstances which for some time have attended the collection of gate
and water customs, it appears expedient to this assembly to discontinue the collection of the
same, from and after that time when there shall be provided a fund, to be raised by other
means, sufficient to defray the expense of their works and improvements in the town, which
have heretofore been defraved from the amount of tolls.”
The levy of toll is still continued, the corporation not feeling themselves at liberty to
abandon it; and the opposition and dissatisfaction do not seem likely to be removed, especially
whilst the exclusive privileges and exemptions of the members of the corporation are main-
tained. One merchant, an English Roman Catholic, who has been 25 years engaged in trade
at Drogheda, calculates that he has paid in tolls, at an average, £80 a-year to the corpora-
tion and their lessees, making a total of £2,000, which he should have escaped had he been,
as others in the same trade were, free of the corporation.
166. The mayor, as Clerk of the Market, inspects the weights, beams, and scales, and is assisted Clerk of the
in the general regulation of the markets by the market jury, appointed as already mentioned. Market.
The corporation claim the right of taking the fees, upon Cranage, to their own use, under Market Jury.
the grant of “all assays,” in the charter of 5 Henry VI. Cranage.
Previously to 1827, the receipts formed a portion of the mayor's emoluments. They were
then taken from the mayor, and transferred to the general funds of the corporation, and since
that period the “ cranage” has been annually let by public auction to the highest bidder.
The exaction of illegal cranage fees has prevailed here to a very great extent; thus, 10d.
has been charged for weighing a bag of wool at the crane, on a fair day, and 1%d. for every 20
lbs, of yarn, so that on each 100 lbs. there was a charge of 7%d, instead of 0}d, the legal fee.
An Englishman, Mr. Nicholas Whitworth, who settled in Drogheda as a corn-merchant,
COUNTY OF
848 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Remarks."
Corporate.
PROPERTY.
Landed Estates.
By Charter.
By Purchase,
and who has taken a very active part in opposing tolls and other charges which he conceived
to be illegal, states that, before the commutation for the “cranage” made by the corporation
with the mayor, he attended for a month, daily, at the potatoe market, in order to prevent the
illegal exaction of fees. His presence had the effect of preventing charges being made for
weighing potatoes, but on his going away the collectors charged sometimes Id, and sometimes
1}d. a sack. He states that he went frequently with persons, who had thus been forced to
pay, to the magistrates to seek redress against the craner's charges, but without success.
With a view of teaching the people what they ought to pay, he bid for and obtained the
“cranage” for one year, at a rent of £70. Having confined himself strictly to the fees
allowed by the Acts of Parliament, (4 Ann., c. 14; 25 Geo. II., c. 15,) he found that, at the
end of the year, he had only made £40 over the sums paid by him in wages to the men
attending the cranes; so that he sustained a loss of £30 in that year. The next year he bid
£50, being £10 more than he had actually received in the preceding year, but was outbid by
one of the aldermen. - * -
Finding that the old fees were again exacted, Mr. Whitworth attended at the cranes to point
out what charges were illegal, and occasionally he sent his son to perform the same task. In
one of the angry altercations which this continued exaction of and opposition to the fees
upon weighing occasioned, the then lessee of the crane is alleged to have assaulted the son of
Mr. Whitworth. A complaint was made to the magistrates, and their denial of redress formed
the ground of one of the applications for a criminal information to the King's Bench before
adverted to.
Disturbances at the cranes having grown out of the resistance to those charges, the
town serjeants attended; but it is said their presence served only as a means of enabling the
craners to continue the charges, some of those who resisted them having been committed to
gaol by the town serjeants.
Contradictory statements were made before us as to the present practice, it being asserted,
on the one hand, that the unauthorised fees had been abandoned, and, on the other i. that
they were continued. No schedule of the fees to be taken has at any time been posted up at
the cranes.
The average annual amount of the rent received for cranage for the last five years was
#31 15s. 3d.
167. The system of leasing out the fees of the weighmaster by auction appears to be extremely
objectionable, as it adds to the incentive to exact illegal ſees in order to realise a profit.
Besides, it does not appear to have been contemplated by the statutes referred to that the office
should be farmed out, or should be exercised, as it has been here, by the mayor for his own
profit, when it is in great part his duty, as chief magistrate, to see that the fees are regulated
strictly according to the laws in force respecting them. The tumult and disorder which have
attended the opposition to the illegal charges are, in a great degree, ascribed to the distrust of
the public in the magistracy, which prevailed upon every matter connected with the corporation
or those acting under them.
A good deal of evidence, connected with the exaction of illegal tolls and customs, and cra-
nage fees in Drogheda, was taken before the select committee of the House of Commons, ap-
pointed on the 24th May, 1830, “to inquire into the tolls and customs at markets and fairs
in Ireland, and to report their observations thereon to the House.” This evidence was printed
by order of the House of Commons in August, 1834.
168. The present Property of the Corporation is considered to be holden in three different
W8 WS 3–-
}. Lands, tenements, and rents, granted by charter, or subsequently acquired, and consi-
dered applicable to the sole use of the members of the corporation.
2. Tolls, customs, and pontage, granted for the repairs of the walls, streets, quays, and
bridge.
3. Lands, tenements, money, or rents, granted to the corporation in trust, or by themselves
set apart for charitable purposes.
169. By the Charter of William III. the corporation were confirmed in the possession of large
properties, consisting of lands, houses, tithes, tolls, customs, and duties, and a gross rent of
£47 18s. 7%d. was thereby reserved to the Crown, payable out of the various denominations
in certain proportions.
These properties are not contiguous, but lie scattered in the town of Drogheda and counties
of the town of Drogheda, of Louth, and of Meath.
The want of a general map of the corporation property at, or subsequent to, the dates of the
grants, the vague description given in the charters, and the lapse of time;-render it
extremely difficult to identify the present property with that granted, and, consequently, we
are unable to state, with certainty, whether the corporation has or has not lost any of its
former estate by usurpation or neglect.
Several tenements in West Street, now in the possession of a Mr. Balfour, are alleged to
have been formerly the property of the corporation. Premises answering the description
are granted by the charter of William III., and there is no trace amongst the corporation
records of any grant of those premises having been made. The ancestors of the present
possessor were always connected with the corporation, and filled various offices in it.
A rent of 5s., payable by the vicar of the collegiate church of St. Peter's, in Drogheda, out
of lands specified in the charter, was thereby granted to the corporation, but does not appear
amongst the rents stated to be now annually received by them.
170. Subsequently to the date of the charter of William III. the corporation have acquired
some property by Purchase, but not to any considerable extent. It has been chiefly taken
MUNICIPAL CORPORATIONS IN IRELAND. 849
COUNTY OF
for, and devoted to, public purposes in the town. They pay annual head rents amounting to
£237 14s., and receive from the same premises only £109 19s. 10d., thus sustaining a i.
of £127 14s.2d. annually.
The landed estates of the corporation comprise altogether about 2,032 acres, independently
of their very extensive property in houses and tenements in the town of Drogheda.
This property may be subdivided as follows:
* A. R. P.
Applicable to general corporate purposes sº 1,822 O 38
Aldermen's Acres * sº ſº º sº tº . 16 0 0
Commons land - sº º ºp {º - 154 2 13
Poor of St. John's (about) - sº sº º 40 0 0
- w Total * 2,032 3 II
The first denomination, together with a similar property in houses, is held by tenants to
the corporation under 348 leases or grants, of which 13 are held under grants in fee, or in fee-
farm; 19 for terms exceeding 500 years; and 316 for terms not exceeding 99 years.
The Aldermen's Acres are leased by the year in the manner already described.
The commons land is held under 20 leases for terms not exceeding 61 years.
The estate of the poor of St. John's is held under 17 leases for terms not exceeding
99 years. e
171. The Deeds and counterparts of Leases of the corporation are in the custody of the
town clerk, and, it is stated, are generally in good preservation. The present town clerk
removed all the corporation deeds and documents from the house of his predecessor, where
the town clerk's office was held, to the proper office in the tholsel.
172. When the corporation alien in fee, without any reservation of rent, they do not preserve
a counterpart of the grant, but enter an abstract of the lands, consideration, &c., in a record
book, called in the corporation, “The White Parchment Book.” In it are entered abstracts
of all fee-farm grants and leases made by the corporation.
It commences in 1568, and contains entries of agreements, concordatums, proceedings
of assembly, numerical lists of leases granted by the corporation, with descriptions of the
rº leased, and a summary of the terms of the leases. -
number of the leaves are missing, and appear from entries in it to have been taken out
many years since. - *
One memorandum states that in 1581 the leaves in the White Parchment Book were
counted by Pat. Dowdall, mayor, and were 240 leaves; another entry of date 1701 runs,
“Memorandum, that the 5th January 1701, I reckoned the leaves of the White Parchment
Book, which contain 200 leaves only. And there are no paper leaves in it.
“Alderman JoHN LEIGH, Mayor of the Staple, being present.
“Joseph LovE, &c.”
From examination of this book at the time of our Inquiry, it appeared that there are now
18 old leaves less than in 1701, and some new leaves have been introduced.
Within the last year a new book has been commenced by the present town clerk.
173. In the White Parchment Book of date 18th April 1665, is an entry, or extract, according
to the custom of the corporation, of “a fee-farm having been sealed to Dr. John Hudson, of
the collegiate church of St. Peter's, and his successors, for ever, of -
“Three messuages, three gardens, and 62 acres arable land, with their appurtenances, in
Davidstown. º .
“Three gardens and 60 acres of land in Lisranymore.
“ Also lands in Plaradon and Lisrany the Less.
“One messuage with garden, and seven acres of land, in Hurstown.
“Three acres, arable land in Reynoldstown.
“Two messuages and two gardens in the franchises of Dundalk.
“One house without Warren's Gate, and some other messuages, and intermixt parcels of
lands, within the town and franchises of Dundalk, and one garden with a housestead joining
to Seatown Gate. -
“ Four acres of land in Reynoldstown.
“Eleven acres of land in Laggyah or flaggah.
“Three hundred acres land, several tenements, situate and being in and about the town of
Carlingford, together with the reserved rent out of the lands of Heighlin.”
174. From the date of the Charter (A. D. 1698) to the present period, the corporation have
made 11 alienations of property in fee. -
175. Two of these grants were made for valuable considerations, and of the remaining nine, four
were made to members of the corporation, at nominal reservations.
176. The remainder were for public purposes. …
Of the grants for Public Purposes, one, in 1702, was to the vicar of St. Peter's, and his
successors, as part of the glebe. . ſº
Another, in 1720, was made to the Primate as an accommodation to his archiepiscopal
residence in the town. But Armagh has been resumed as the place of the see, and the
Primates have long since ceased to reside, or hold any visitations, at Drogheda. The
property, however, has not been restored to the corporation, and is still held under the see
of Armagh. *
The third was a grant made in 1770 to the Rev. Robert Leving, and his heirs, in trust for
a market or hall for the linen trade. . * ,
M. C. I. - 10 F
THE TOWN
OF
DROG HEDA.
Deeds and Leases.
White Parchment
Book.
Management of
the Property.
Grants in Fee.
Before the Charter
of 1698.
Since the Charter.
For Private
Purposes.
For Public
Purposes.
* COUNTY OF •
850 * REPORTS FROM CG)MMISSIONERS ON
.*
THE TOWN
OF
DROGHEDA.
Auditors and
Viewers.
Leases for Terms
of Years,
The fourth was a grant in 1810 of a dwelling-house, offiees, and garden, to the vicar of
St. Mary's, for a glebe.
And the last was a grant in 1830, to the officers of ordnance.
177. In the general disposition of their property, and particularly in making leases, the corpo-
ration appear to have taken measures, previously, to ascertain the actual value of the
premises. e -
For that purpose, from an early period, members of the assembly, called “Auditors and
Viewers,” are annually elected by that body to value and report upon all property belonging
to the corporation, which may be referred by the assembly to their valuation, during their
year of office. They are 15 in number, and consist of six aldermen and nine common
councilmen. -
They are elected by ballot, and five form a quorum.
Being a tenant under the corporation is not considered any objection to appointment to the
office, but by order of assembly in 1798, any auditor or viewer looking for a renewal of his
own lease is obliged to resign before his petition will be entertained.
The office has not, at present, any emoluments attached to it.
Formerly each received a fee upon bringing in the report. Thus on 25th January, 1802,
It was resolved, “that every auditor and viewer making and subscribing a report certified by
affidavit, as required by the present rules, shall be paid 10s. 6d. for each report, provided
such report shall be acceded to by all parties, and such expense to be defrayed by the tenants
sealing and accepting such renewal.”
According to the present practice, the auditors and viewers are not sworn, and the same
ersons have continued to fill the office for more than one year. ... * *
178. The Terms for which Leases have been granted were for 999, 99, and 61 years, at the
discretion of the assembly, up to the 7th October 1796, when it was resolved “ that in future
all lands, the property of this corporation, be set for a term of 99 years, and one-half of
the rent fined down at 20 years' purchase; and that houses and building ground in this town
Raising Money by
way of Fine.
and suburbs be set for 99 years; and one-half of the rent be fined down at 10 years'
purchase :” since which period leases have been, (with three exceptions, for public purposes,)
granted for 99 years; that part of the resolution respecting the fining down of the rent
has been subsequently varied.
179. The corporation have occasionally adopted the expedient of disposing of part of their
property for long terms of years, taking large Fines, and reserving, comparatively, nominal
rents. In July 1736, by order of assembly, the lands of Killineer, containing 445 acres, were
thus disposed of on leases for 999 years, in five lots, for the purpose, as alleged, of raising a
fund for the rebuilding of the bridge. \ -
In this case, one of the principal purchasers of the lands (Alderman Leigh) was one of the
quorum of the committee of auditors and viewers who divided the lands, and settled upon
the terms of sale. The amount of fine then received was £2,693 13.8d.; the rent reserved,
#22 10s. The present annual value of the lands is stated to be £1,133.
Upon a similar exigency, by order 20th April 1787, it was resolved, “ That the assembly
having taken into consideration the present income and debt of their corporation, and finding
that several large sums of money will be wanted for the intended corn market, the improve-
ment of the river, and the linen hall, are of opinion, that in order to prevent an increase of
their present debt, it would be much for the advantage of the corporation to allow such of the
tenants entitled to renewals as have leases of lands or houses of which 31 years at least are
expired, to lay the same before the auditors and viewers, who are hereby authorized and
required in future to report to the them next general assembly, after any such application shall
be made to them for that purpose, what sum or sums of money, by way of fine, such tenant
or tenants shall pay for a renewal of such lease, or leases, at the present reserved yearly rent,
for 99 years from the Easter then last past preceding such application.
In pursuance of this resolution some leases were renewed upon terms which are considered
by the corporation to be greatly under value.
Thus, in 1791 a lease for 99 years was granted to Jeremiah Smith of 49 A. 2 R. of the land
of Corballis, in the county of Meath, and 7A. 2 R. of land at the Poor Man's Causeway, in all
fifty-seven acres, at a yearly rent of £1 15s., and a fine of £171. Twenty-six years of a
former lease were unexpired in 1791. The principle upon which the lease was made, at so
great an undervalue, cannot be explained by the corporation.
Two leases immediately follow, which appear to have been made at gross undervalue, and
the report upon them is not signed by the auditors and viewers of this year.
By resolution of assembly, 5th October 1770, it was ordered, “That the auditors and
viewers do forthwith cause a fair map of the lands of Manninore to be made and lodged in
the town clerk's office, distinguishing the same into such lots as they shall think most
eligible to divide and set it in; and that an advertisement be published for letting them at
next October general assembly, by the acre, to the highest bidder, being a free member of
this corporation, for 61 years, to commence from the expiration of the lease, now in being, of
said lands, one-half of the rent to be fined off at 14 years' purchase; one moiety of such fine
to be paid down at the time of sale, and the other moiety upon the perfection of the leases.”
These lands, containing 162 A. 1 R. 3 P., were divided into 20 lots.
The rent reserved upon the whole was £350 13s. 3d, and the amount of fines received
$4,909 6s. 1d.
All the tenants were aldermen or members of the assembly, except five who were freemen.
In a few years after, 1785, the tenants of these lands having got into arrear, petitioned the
corporation for a reduction of the rent. It was referred to the auditors and viewers, who
MUNICIPAL CORPORATIONS IN IRELAND. 851
COUNTY OF
reported, that “the lands were let considerably above their real value; and in order to relieve
the petitioners from any losses they may have sustained, and, at the same time, to prevent
such arrear appearing upon the accounts of this corporation, recommended that new leases
should be made for 99 years, to commence from Easter 1784, to such as should, before
1st May next, pay all rent, and arrears of rent, out of their respective holdings, at Easter
1784 aforesaid, with liberty to fine off one-half of their present rent at eight years' purchase,
or to have an abatement of 20 per cent of the rent which they now pay;” signed by seven
auditors and viewers. This report was acted upon. - :
180. The General, Practice of the corporation in demising their property in all cases where
former leases have expired, and a right of renewal is not recognised, as subsisting under the
privilege called “ the Freeman's Right,” has been, to set up, the premises, to be let by
public auction. But until an extremely recent period, the right of bidding at these auctions
was confined exclusively to Freemen. We have not been able to trace the origin of this
Privilege, which, in effect, excluded Roman Catholics from appearing at the lettings; nor
could the members of the corporation refer to any ground, for it, except a resolution entered
into in 1688, ordering “ that there be a letter written to the recorder to desire his advice
what is proper for the corporation to do...in, relation to the leases of Papists from this.rcor-
poration which are forfeited to their Majesties by the late rebellion, and to desire him to
inquire what course the city of Dublin takes in theirs, that this corporation take the like.”
The resolution rescinding the former usage is dated the 19th April 1833, and is in these
terms: “Alderman St. George Smith moves on the notice given by him, &c., that, from
Easter last, all sales and lettings be open to the public generally, whether freemen: or not,
reserving the right of renewals, to all persons, previously entitled under the ancient bye-laws
of this corporation; which being seconded a ballot was demanded, when there appeared, for
the motion 20 white beans, and against it 4 ; majority 16.”
Previously to this order, it had frequently happened that persons free of the corporation
bid in trust for Roman Catholics. In many instances freemen were found, who, on obtaining
the benefit of their privilege, immediately upon getting the leases, sold their interest
to Roman Catholics for a sum of money generally inconsiderable. In this manner the
exclusive and sectarian rules of the corporation were evaded; Roman Catholics, in proportion
to their increasing wealth, in many cases reaping the advantage intended by the corporation.
for freemen only. . #
Finding it impossible to uphold exclusive biddings, or to check, this system of evading
their rules, and condemning, it is said, the practice “ as a shameful and petty instance of a
man making money of his privilege for a sum of money generally small,” the corporation
finally resolved upon openly sanctioning a practice which they had not the power to control.
Still, however, a privilege is conceded to freemen thus becoming tenants to the corporation,
of fining down one-fourth of the “bidding” at the rate of 10 years' purchase for houses, and
17 years' purchase for land; the three-fourths remaining being the reserved rent.
181. The freeman may, besides, if he conceives the terms at which he has taken the pro-
perty are too high, memorial the assembly for a Reduction. This petition is referred to the
THE TOWN
OF
General Practice
upon new Lettings.
Exclusive Privilege
of Freemen to bid.
Rescinded.
Reduction in Rent.
auditors and viewers for their report; but even their report upon, the value is not conclusive,
but may be appealed from to the assembly. It is said that such applications are not of
frequent occurrence, are seldom favourably received, and that the corporation make reductions
only upon the same grounds as landlords generally make abatements. 3-
However, the assembly reserve the discretion, and have extended the privilege with
respect to the portion of the rent which the tenant may fine down. Thus upon a petition
in August 1815, praying for a reduction of rent, it was resolved “ that petitioners having
fined down one-fourth of the rent at 17 years' purchase at the time of sale; it is resolved
further, that they be allowed to fine down another fourth of the rent at 10 years' purchase.”
182. As in making original leases of their lands the corporation have been governed by the
Renewals."
principle of demising to freemen only, so the representative of the freemen has been considered,
entitled, by usage, to a Renewal, provided the interest, as at first demised, has not left the
possession of a Freeman; and this “Right” was expressly saved by the resolution of April
1833, throwing the biddings, at new lettings, open to the public.
The mode of obtaining a renewal is by memorial to the assembly, setting out the claim of
“The Freeman’s
Right.”
right, and the lease. By the “ claim of right” is meant that the lease had been made to a
freeman, had not passed out of the hands of a freeman, and is still vested in a freeman.
If the applicant has not forfeited his right to a renewal, the memorial is referred to the auditors
and viewers, to determine the terms upon which the renewal of the lease is to be granted.
After, an inspection of the premises, and a valuation of the term surrendered, of which there
is always some part unexpired, the auditors and viewers report to the assembly the yearly
value of the premises, and they are said, to be governed by a calculation of the fair rent value
at the time, “ as between man and man.” The rent so ascertained is divided into two parts;
one-half is sunk, and is called “the Right of the Freeman;” the other half is again subdivided
into two parts, one of which is made the future rent, and the other is fined down at 10 years'
purchase for houses, and 17 years for lands; and a lease for 99 years is granted upon the tenant's
surrendering the unexpired portion of his former term; this is called the freeman’s “right.”
although there is no covenant for renewal in the lease. In addition each tenant in consider-
ation of the renewal contributes, in proportion to the amount of fine paid by him, to defraying
the expenses of a “ sealing dinner,” to be given to the members of the assembly whenever a
sufficient number of renewals have been taken out to make the expense moderate upon each
subscribing tenant. The mayor orders the dinner, and the tenants, contribute to this enter-
tainment without objection. The last sealing dinner was in 1827.
M. C. I. 10 G.
UOUNTY OF
852 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Bye-laws.
Of April 1801.
January 1812.
anuary 1828.
Aldermen's Acres.
Tolls and Customs.
Commons.
This right is stated to be so recognised by usage as to be considered a vested interest; the
representative of such original freeman, (by devise or purchase,) being himself a freeman,
considering himself equitably entitled to a renewal upon these very advantageous terms. And
roperty, it is said, is constantly advertised with a statement of the existence of such a right,
which is thus held out as an inducement to freemen to purchase. ~
The following letting will afford an illustration of the mode of renewing leases in the
corporation: *
18th April 1828. A house in Shop-street was let. The valuation of the auditors and
viewers, “as between man and man,” was £40 a-year. Upon the new lease the rent reserved
was £10, and the fine received was £100. -
An instance has occurred of a member of the corporation having refused to take a renewal
upon the terms recommended by the auditors and viewers.
18th January 1824. The late Mr. Justice Jebb, claiming his right as a freeman, petitioned
for a renewal of a lease which would expire in 1825. Upon the report of the auditors and
viewers coming in, he refused to take the renewal upon the terms offered, and the premises
were set up to public auction, and sold to Alderman Fairtlough upon the usual terms,
183. This singular usage has prevailed in the corporation for a considerable period, and
appears to be at present regulated by the three following resolutions of the general assembly:
* 20th April 1801. Resolved, That it be an instruction from this assembly to the
auditors and viewers on reporting upon petitions for renewals of houses, lands, or other
premises, that they shall first take into their consideration and value the said premises at the
full value between man and man; and that the petitioner so applying shall then be entitled
to a renewal of the lease for 99 years, at one-fourth of the full annual value, as a rent. And
on paying, or fining down, another, or second fourth, at 17 years' purchase for lands, and 10
years' purchase for houses, always obliging the petitioner for renewal of a lease of one house,
or houses, by a special covenant, and any other necessary legal deed, to build or rebuild,
within five years after the expiration of the term of years in his old lease, under a forfeiture
of his new lease, or payment of treble rent, as the corporation may think fit; giving it also as
a matter of instruction to the auditors and viewers that they specially report on oath on each
particular case what sum or compensation the petitioner appears to them to be justly entitled
to (if any) for the term he proposes to surrender on obtaining a renewal, and that all reports
shall hereafter be received at one assembly, and taken into consideration not sooner than the
them next quarterly assembly.” -
“January 29th 1812. Resolved, That it be considered the bye-laws of this corporation,
by which the renewal of leases has heretofore been regulated, are wise and salutary in their
effects, and that any departure from the mode pointed out by them is highly injurious to the
welfare of this corporation. Resolved, That in future all petitions, or memorials, for the
renewal of leases be referred to the auditors and viewers, who are required, in the first place,
to inquire and examine the right or title which petitioners, or memorialists, may have for
such renewal under the existing laws of this corporation; and if it shall appear to the auditors
and viewers that petitioner or memorialist is not thereto so entitled, they shall report the
same to the general assembly at its next meeting, and that, after such report shall have been
made and approved of, no petition or memorial for the renewal of such premises shall be
received by the general assembly, or suffered to be read therein.”
“ 18th day of January 1828. Resolved, upon the motion of Alderman Henry Fairtlough,
pursuant to notice given at last October assembly, that no lease be renewed by this corporation
until the premises are within five years of expiration.”
The above observations apply to the mode of letting the general estates of the corporation,
as well that granted by charter, as that subsequently obtained by purchase.
184. The lands called the “Aldermen's Acres” are not leased by the corporation, but the
aldermen succeeding to them usually make annual lettings of them at £3 for the acre, as
already described.
185. The mode of letting the Tolls and Customs, by annual auction, open to the public, has
been already noticed. -
186. The lettings of the premises called the North Commons, and the South Commons, or
Cowleys, and the estate appropriated to a charity denominated “ the Poor of St. John's,”
have been subject to separate regulations.
In 1702, shortly after the original enclosure of the Commons, (which took place in 1699,)
the lands were let by public cant, and leases, which were obtained by certain of the aldermen,
were made for 21 years.
In October 1717, it was resolved “ that the said lands be set only to Protestant freemen
of this town.” -
In January 1719, it was ordered, “That the commons on the north side of this town be set
by public cant for 61 years from the 25th of March next to the highest-bidder, on the first
Monday in March, at two o'clock in the afternoon, pursuant to former acts of assembly, to
Protestant freemen inhabiting in the town; that the same be posted up a fortnight, and that
it be mentioned that whoever takes same shall give good security for the rents thereof.”
Renewals are not made of the leases of this property. Upon the expiration of the leases
the lands are set up to auction; the power of bidding is not at present confined to any
particular class of persons, the highest bidder (being a solvent tenant) having a lease made
to him for a term of 61 years upon payment of a fine equal to two years' rent. The latest
lease appears to have been made in 1821.
We did not discover a direct order for removing the restriction against non-freemen to bid
at the auctions of this property; the reason for opening them to competition is, that the
MUNICIPAL CORPORATIONS IN IRELAND. 853 COUNTY OF
THE TOWN
. . * * s <& tº * OF
rents being applied for charitable purposes, “ the corporation feel themselves bound to set IDROG HEDA.
them at the highest rent, and by public letting, in order to increase the fund, being in the
situation of trustees, and they do not consider this applies to the other property over which
they have considered themselves entitled to exercise unlimited control.”
The fines taken are brought to the general account of the corporation.
187. The lettings made of the property of “The Poor of St. John’s” are conducted similarly Poor of St. John's,
to those of the commons, except that, in some instances, leases are made for 99 years, and to
commence in futuro ; which is said to be done with a view, as far as possible, to prevent
dilapidations to houses.
188. The corporation do not now possess any beneficial property in Tithes. In the year 1826 Tithes.
they made a lease to the Lord Primate of the tithes of Ennismoth, in the barony of Slane,
and county of Louth, for 999 years, at the yearly rent of £1, for the support of a chapel of
ease in Drogheda. Before that period the corporation were receiving £15 a-year from the
Ogle family, as tenants of these tithes. This family united with the corporation in making
this lease to the Primate, and so surrendered their interest under the corporation. The
estimated value, at present, is £60 a-year.
189. The corporation claim the exclusive right of Fishing in the river Boyne from the western Fishery.
boundary of the county of the town, (about half-a-mile above the bridge,) to the “Maiden
Tower,” at the bar of the mouth of the river, (about four miles below the bridge and town.)
The public have enjoyed an uninterrupted use of this fishery for a great many years,
originally permitted (it is alleged) by the corporation to benefit the town.
The right of the corporation has been disputed in that part of the river above the bridge
by the proprietor in fee of the land at the opposite side.
With a view of asserting their right, the corporation, by resolution, 14th April 1830,
advertised the fishery to be set, but no one has taken it.
The last letting of which we received any account was on 4th May 1801, when a resolution
was passed: “That the fishery of the river Boyne, from the bridge of Drogheda to the sea,
be set from the 1st day of May, for one year, to a free member of this corporation, and that.
the tenant shall not at all interfere with the fishery at Baltray and Mornington, and that
same be set by public sale at the tholsel, on Monday next, 11th instant, at noon, the purchase
money to be paid down immediately after the sale in cash or bank notes.” And upon the
“ 11th instant” an entry appears, that “ the fishery of the river Boyne, from the bridge of
Drogheda to the sea, was this day set up by public cant at the tholsel for one year, from
1st instant, to Mr. George Coulter, a free member, for the sum of £6.5s., saving the right
of Mornington and Baltray to fish as heretofore.”
190. A return of a very comprehensive mature was ordered by the House of Commons in July Rentals.
1833, upon the motion of A. C. O'Dwyer, Esq., and was made and sentin, but not printed. We
obtained a copy of it, and have been enabled to add to the details some particulars which it
did not contain. The following Rentals have been extracted from the return, and we have
inserted the quantities of land conveyed or demised, as set forth in the grants and leases
made by the corporation.
à
; :
No. 1.—RENTAL of the Estates and PROPERTIES of the Corporation of DROGHEDA, derived und
er their Charters, and claimed by them as applicable to the sole and separate use of the Members:
of the Corporation, in such manner as they may, by order of Assembly, direct.” - - … . . . . . . . . . . . - ::: .
.
g
-
|
Names of the present
Names of Parties to
Dates of Leases,
Beeds, or Grants,
***-* 3, *
'aº, .*.
Amount of Rent
No. Tenants. Denominations of Property. wº ºº Ina de by the Tenurº, consideration given. * reserved."
“” | Corporation. ... t .
Currency. Currency.
- £. s. d. # s.” “d.”
Michael Chester. House and premises, east side of Shop-street. John Bolton. 6th June 1785. 99 years, Michaelmas 1785. 5 0 0 Irish. #5 0 0 Irish.
Vicar of St. Peter's, Dro-|A pair of old walls in St. Peter's church yard, Rev. Thomas Cox. 25th May 1702, For ever, 25th-May 1702. * “ , ” . o 0. 5 , ,
gheda. and a pair of old walls in Magdalen-street, - . - - , , * . . . . . . . . . . . . . -, * * ~. <!
º with a garden between.
Same. Ground, with coach-house thereon, west side Rev. S. Loftus, Vicar of 25th October 1780.999 years, Easter 1779. & e * g 0 1 0 , ,
Peter's church yard. St. Peter's. - - :* - . - . . . . . . - ^. f'
Same. Park, without Sunday’s gate, adjoining new road Rev. Wardlow Ball and 24th October 1821. For ever, 24th October 1821. 500 0 0 Irish, and surrender of 9 0 0 , ,
to Termonfeckin. his successors. 2. - - - . . . . . . ... -- . . . . . . . ‘. . * * a formerlease; s
Same. Temergents and gardens, west side Bolton-street, Same. 4th July 1825, 1999 years, Michaelmas 1820. 0 0 0 , ; ; ; ,” 0 0 6 , ,
with "covenant to erect and maintain a Protes- . . . - X: . . . "“ . . . . , ". . . & **
tant free school for St. Peter’s parish. - -
William Graham. House and premises, north side of William-street. William Graham. 13th Dec. 1815. 99 years, Easter 1816. 392 0 0 , , > 3 28 0 0 , ,
John Chester. Tenement and garden out James's gate, and lot | Alderman Wm. Gibbons. 29th July 1793. 99 years, Michaelmas 1792. 13 13 0 , , 5 2 *l 10 0 , ,
- of ground in Irish-street. . . . . . . . . . . : " . . . . . . . . . . . . . . . . . . º -
Francis Donagh. Two tenements and gardens out James's Gate. Alderman Philip Donagh. 12th August 1778. 99 years, Michaelmas 1777. 1 0 0 , , 2 5 1 0 0 , ,
Same. Ground, south side of Laurence’s-street. Same. * * 12th August 1778, 99 years, Easter 1778. 0 10 0 , , , , 0 10 0 , ,
Same. Several parks at Landsharragh, two crofts in the Same. 4th Nov. 1789. 99 years, Easter 1789. 432 0 0 , , , , 4 0 0 , ,
Dale, and a tenement in Duleek-street. . . . . . . . . . . . . . . ." § . . . . . . - # * . .
Same. Pººl. º, situate at Kilslatry, in the county Same. 18th Dec. 1818, 99 years, Easter 1818. 100 0 0 , , 3 2 9 2 0 , ,
of Louth. - . . . . . . . . . . . . . . . * * . .: . -
Owen Boyle. Several parks out Duleek Gate. William Dardis. 17th March 1801. 99 years, Easter 1805. 253 0 0 Irish. 12 13 0 , ,
William M. Smyth. Dwelling-house, back ground and garden, north James Barlow. 4th June 1777. 99 years, Easter 1777. 2 0 0 , ,” 5 5 2 0 0 , ,
t side of West-street. - . . . - - . . * . '. -
Same. House and premises, south side of West-street. Same. 12th August 1778.61 years, Michaelmas 1777. 4 0 0 , , 2 3 4 0 0 , ,
Same. Dwelling-house, with ground at rear, south side William M. Smyth. 14th Feb. 1825. 99 years, Easter 1823. 37 10 0 Irish. 3 15 0 , ;
. of Laurence’s-street. o . ‘. . . . . . . . . . . . . . - -
Same. Tº houses, with garden at rear, north side of Same. 4th July 1825. 99 years, Easter 1823. 87 10 0 Irish. 8 15 0 , ,
est-street. - - : . . . . . # . . . • .
Same. Four dwelling-houses, with gardens at rear, Same. 4th July 1825. 99 years, Easter 1823. 275 0 0 , , 27 10 0 , ,
south side of Fair-street. . . . ‘. . . . . . - - -: * : ‘. .
Obadiah Wisdom. Two houses in Magdalen-street. James Davis. 31st October 1797.|99 years, Michaelmas 1797. 4 0 0 , , 5 5 4 0 0 , ,
Jane Armstrong. House, west side of Peter-street. Obadiah Wisdom. 3d March 1829. 99 years, Michaelmas 1828. 37 10 0 British. 11 5 0 British.
— Blundel, Esq. Spot of ground in Shop-street. Chr. Pippard Fitz George. 24th Feb. 1695. For ever, 24th Feb. 1695. . . . . . . . . • 0 1 0 Irish. .
The Lord Primate. Pair of old walls near Laurence’s Gate. The Lord Primate. 15th August 1706. 999 years, Easter 1706. ... • s º tº 0 1 0 . , ;
Same. Tenement and garden adjoining town wall in Same. 9th May 1720. For ever, 9th May 1720. c * o tº gº T 10 0 , ,
Laurence’s-street. - - • ‘ . . .
Same. Tithes of the parish of Ennismoth, barony of Same. 4th January 1826. 999 years, Easter 1826. © & º 0 1 0 , ,
Slane.
.* -
Acreable
Conténts.
A. R. P.
5 2 0
0 0 22
30 2 32
14 2 10
7
0 38
f





Rental of the Estates and Properties of the Corporation
of Drogheda—continued,
. - - - ~ .. r Dates of Leases
Names of Parties to whom >es;
No. Name: the present Denominations of Property. the Leases, Deeds, or Deeds, or Grants, Tenures. Consideration given. . Amount of Rent Acreable
enants. Grants were made made by the & - 4 reserved. . . Contents.
. * wº Corporati r *
Uorporation.
Currency. Currency. A. R. P.
. . . . . . . . . . - i . £. s. d. g - º it. s. d. - -
John Bashford, and Mary Four parks at Yellow Batter. Ald. Edward Norman. 21st June 1773. 61 years, Easter 1772. 3 5 0 Irish, and surrender of 6 10 0 Irish. 13 3 27 zº
his wife. - a former lease. s:
Joseph Harpur. Fifth lot of Killineer. Sir Thomas Taylor. 4th April 1738. 1999 years, Easter 1738. 749 2 6 Irish. 4 10 0 , , 68 2 6) e
Rev. Samuel Sandiford. House, north side of Bachelor's-lane. James Sandiford. 4th June 1777. 61 years, Easter 1777. 1 0 0 , , 2 3 1 0 0 , , 2.
Same. One park between Mannimore and Twenties, and Same. 6th Sept. 1784. 61 years, Easter 1784. 11 10 0 , , 2 3 11 10 0 , , 11 2 14 H
one park at Green Batter. - - . , , - - G
Same. One house, south side of the Bull Ring, also Rev. James Sandiford. 6th June 1814. 99 years, Easter 1811. 182 0 0 , , 3 × 13 0 0 , , Hö
houses and premises south side of Dyer-street. . 3-
Same. Lot of ground, west side old Corn-Market Hill, Same. 6th June 1814. 99 years Easter 1811. 290 17, 6 , , 5 5 20 11 3 , , H
. . . . . . . . . . . . also a parcel of land out Duleek Gate. . . . - ! , . . . . . . . . . • ‘ . -
Henry B. Conroy, and Parcel of land out Sunday’s gate, north side of John Leland and Alex. 12th August 1801. 99 years from Easter 1801, 59 10 0 , , 3 10 0 , , 3 3 17 3 e
Margaret his wife, and Patrick-street. Munkittrick, guardians - º;
Lucy Allen, widow. of Margaret and Mary H5
- * . . . . . . . . . . . . - Jane Elliott. . O
Governors of Erasmus Lot of ground, north side of Laurence's-street. Sydenham Singleton. g º & Fee-farm grant. e © º te 3 0 0 , , º
Smith’s School. being an abatement *
Judith-Kegan. House in Shop-street. William Kegan. 23d Jan. 1800. 99 years, 23d Jan. 1800. 65 0 0 Irish. 6, 10 0 Irish. H
Bºne and James Ground, south side road to Green Hills. William Jocelyn Shaw. |11th August 1783. 61 years Michaelmas 1785. 22 8 0 Irish. 1 12 0 , , 3.
* 2.Il Ol. , . i
Burton Tandy. Park out West Gate. . . . John Bolton. 6th June 1785. 61 years, Michaelmas 1785. 6 16 6 , , 5 3 6 16 6 , , 2 0, 0 (a
Same. Parcel of land at Blackbush-lane. Burton Tandy. 7th Nov. 1780. 61 years, Michaelmas 1780. 16 4 9 Irish. l 3 2° 2, 2 2 7 H
Same. Part of the lands at Mannimore. • Same. 4th Nov. 1789. 99 years, Michaelmas 1789. 84 9 8 , , j 10 11 2%. , , S 3 23 2.
Same. Several tenements and gardens, west side of Same. 4th Nov. 1791. 61 years, Michaelmas 1790. 45 10 0 Irish. 3 5 0 , , }*s
- - - - , Morgan's-lane. . } . . * ad
... 3...? §ame. ... House and premises, west side of New Quay. . . . Same. 4th July 1796. 99 years, 1st May 1795. 22 15 0 , , , 11 7 6 , , , .* tr;
Fråncis William Leland. Piece of ground out Duleek Gate, and one other Ald. Edward Norman. 25th October 1773.61 years, Easter 1773. I 10 0 , , 3 5 1 10 0 , , I 1 24 H
lot of ground out John’s Gate. : : • - - >
Same. Several houses and premises out West Gate. James Metcalf. 11th August 1783. 61 years, Michaelmas 1785. 112 7 0 Irish. 8 0 6, , , . 2.
Same. Parcel of land without Duleek Gate. Ald. Henry Metcalf. 13th Nov. 1820. 99 years, Michaelmas 1813. 133 10 7 , , , , 9 5 11 , , 7 0 30 t
. #if: % - Part of the Marsh of St. James's. . . . ' | Thomas Winslow, 4th June 1766. 99 years, Michaelmas 1765. 10 17 0 Irish. 0 15 6 , , 2 3 22 •
B. Balfour, R. Smyth, and One messuage and garden near Mary's Church Wm. M. Ogle, G. Schoales, 4th Nov. 1791. 99 years, Michaelmas 1791. 80 0 0 , , } } 0 1 1 0 , , 4 3 9
others. Style, one firry park at the Fisher’s Batter, one R. Cooper, and Jerem.
messuage outduleek Gate, one thatched tene- Smith.
ment in John’s-street, and also the Rottén-row. -
Same. Several dwelling houses, back ground office, &c. Same. 1st Nov. 1803. 99 years, Easter 1803. 50 0 0 , , 5 y 10 0 0 , ,
* … . . . north side James’s-street. . . . : . i . } - - -
Patrick Preſidergast. Gº and tenements thereon, out Laurence’s | Thomas Elliott. 7th Nov. 1785. 61 years, Michaelmas 1785. 2 0 0 , , 3 3 2 0 0 , ;
- , Gate. : - - • '- '• - r: . . . . . . . . . . J. - - -
James Malone. A field on the north side of Scarlet-lane. Rev. John Smyth. 24th Jan. 1828. 99 years, Michaelmas 1827. 57 7 6 British. 10 2 6 British. 2 2 32 go
tº HQ
: , ; 9
9. .* . tº: c
#3:
1 tº *
- |; 33.

:
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§ 2.
Rental of the Estates and Properties of the Corporation of Drogheda—continued. gº
- OS
tº Dates of Leases
Names of Parties to 5 a
a s " ' ds. or Grants - * g *
No. Namtºn Denominations of Portly wº, "ºº" tº consideration given. *...* | *.
dº Corporation.
*
Currency. Currency. A. R. P.
£. s. d. £. s. d.
Graves Ackland, House and premises, north side of West-street. Ald. William Cheshire. 16th May 1810. 99 years, Easter 1810. 99 5 0 hiº. * of 11 7 6 Irish.
- a. IOTſner 1681Se,
Mrs. Balfour. Park out Duleek Gate, and a tenement, old walls, John Leigh. 4th June 1777. 61 years, Easter 1776. 3 8 2 3 x 3 3 8 3 , , 2 3 24
and garden, west side of Castle-street. tº "- . . - º
Same. Lot of the lands of Townrath. Same. 27th March 1786. 61 years, Michaelmas 1785. 208 5 10 Irish. 24 15 11 , , 49 2. 15 tr;
Hugh O’Reilly. Fourth lot of Killineer. Thomas Tennison. 4th April 1738. 1999 years, Michaelmas 1738. 664 6 8 , , 4 10 0 , , 89 2 20 H3
Richard Tighe. \ Third lot of Killineer. Samuel Clarke. 4th April 1738. 1999 years, Easter 1738. 410 4 5 y 4 10 0 , , 61 1 0 O
Mrs. Murray. Part of the strand, north side of the river Boyne, Townley Patten. 17th Feb. 1728. 1999 years. s ſº ſº e tº 0 5 0 , , º
east side of the rails in Stockwell-lane. * * * * * * * - • § - H
Mrs. George Hardman. Tenement and garden, west side Leatherwell- Ald, William Cheshire. 16th May 1810. 99 years, Easter 1810. 43 13 0 , , 2 3 5 0 4 , , CMD
lane, out Laurence’s Gate, also several tene- Hº!
ments and gardens, west side of Morgan's-lane. tº sº ºf ſº ºd
Messrs. Alley and Wood- Park in Helen's Meadow, adjoining the Twen- Ald. Philip Donagh. |5th June 1775. 61 years, Easter 1775. 15 15 7 Irish. 1 2 6%. , , 1 0 25 O
roffe, ties. - -
Same. Two houses and background, south side of Dyer- || Ald. Oliver Fairtlough. 1st March 1780. 99 years, Easter 1778. 0 10 0 , , 0 10 0 , , 3.
street. -
Same. Spot of ground in Duleek-street. Same. 1st March 1780. 61 years, Easter 1779. 8 15 0 , , 0 17 6 , , 3
Same. Lot of ground without Sunday’s Gate. Same. 4th Nov. 1789. 999 years, Easter 1789. 0 5 0 , , 0 5 0 , , 0 1 S 3.
Same. Parks, called St. Laurence’s park, near the Twen- Same. 12th August 1801.99 years, Easter 1801. > 5 2 3 20 0 6 , , 18 1 I 3.
ties, also two plots of ground out Duleek Gate. fº & }=!
Rev. John Smyth. Part of a coach-house at West Gate. Rev. John Smyth. 4th Jan. 1826. 99 years, Michaelmas 1825. tº : - . .” g tº 0 9 3 British Oſ)
Elizabeth Waters. Three dwelling-houses, west side of Shop-street, Ald. William Gibbons, 12th August 1801.99 years, Easter 1805. 275 0 0 Irish. 27 10 0 Irish. C/D
also a lot of ground, called heretofore the site as -
of the ruined church of St. Saviour, also the 2.
ground west of the church of St. Saviour. tº:
Mrs. Kegan. House and garden, south side, also house and Ald. William Holmes. 16th October 1786.99 years, Michaelmas 1786, 2 3 2 2 4 11 0 9, º
back ground, north side of John-street, and a C/2
. small croft of land out Duleek Gate. - -
Patrick Hardman. Land at Green Batter, and tenements and George Tandy. 21st April 1790. 99 years, Michaelmas 1789. 34 2 6 , , 2 5 *...* 4 10 0 , , 7 2 16 O
gardens, east side of Bolton-street. Z
William Leland, John Strip of ground, south side of the Tholsel. Ald. Henry Leland. 7th Jan. 1771. 61 years, Easter 1768. G º tº s * , 0 1 0 , ,
Leland, Frederick Le- -
land, Greene, and
Mary Ann his wife. * +.
Same. Lot of ground, west side of Patrick’s Well-lane. Same. 1st March 1780. 99 years, Michaelmas 1779. 3 5 5 5 5 5 3 0 0 , ,
Same. Ground, east side of Linen Hall. This lot of Same. 16th October 1786.993 years, 1st May 1786. * © à tº tº 4 6 S , ,
ground is part of Mrs. Pounteney's demise to -
- the corporation. * .
Sarah Cheshire, spinster, Park out John's Gate, called the Mutton Park, Ald. Edward Cheshire and 22d Feb. 1810. 99 years, Easter 1810. 3 0 0 , , 2 5 3 0 0 , , 2 3 28
and Eliza Hardman, tenements and gardens out Duleek Gate, and Peter Van Homrigh.
widow. a small park out Duleek Gate. - d 1 *

f
Rental of the Estates and Properties of the Corporation of Drogheda—continued.
N f th t - Names of Parties to #. º: º: e ſº Amount of Rent | Acreable
No. ** Denominations of Property. wº the Leases, º made by the 5 Tenures. Consideration given. reserved. Contents.
or Grants were made. Corporation.
Currency. Currency. A. R. P.
£. S. £. s. d. tº
Joseph Holmes. Strip of ground out Duleek Gate. Ald; William Holmes. 5th June 1775. 61 years, Easter 1774. f * of 0 5 0 Irish.
3. (Ormer 162a Sê.
Same. Small park out Duleek Gate. Same. 11th August 1783.61 years, Michaelmas 1785. 21 0 0 Irish. 1 10 0 , , 3:
James Greene. Park, part of Mannimore. Ald. Henry Leland. 6th June 1785. 99 years, Easter 1784. 59 2 0 , , 5 5 7 7 9 , , 4 3 28 c.
William Filgate. One park, part of Mannimore. John Fairtlough. 17th Jan. 1771. 61 years, Easter 1772. 93 l 0 2 Irish. 6 13 7 , , 2 3 19 | 2.
Susanna Fairtlough,widow. Several parks at Mannimore. Rev. Joseph Fairtlough. 6th June 1785. 99 years, Easter 1784. º º * @ e 48 15 3 , , 27 2 9 }=1
Laurence Finegan. Plot of ground, called “Blake's Rampier,” with Ald. Cheshire. 25th October 1780.61 years, Easter 1780. 1 10 0 , , 1 10 0 , , O
tenements and gardens thereon, west side of º
Barrack-lane. -
Ellen Lamb, widow. Lot of ground and premises, south side of Bar- | Thomas Winslow. 25th July 1803. 99 years, Easter 1802. 40 0 0 , , 4 0 0 , , E-
rack-lane.
Peter Markey. Dwelling house and premises, north side of Ald. William Coddington. 1st August 1778. 99 years, Easter 1778. 1 10 0 , , 5 5 1 10 0 , , 3
Laurence’s-street.
Lord Ferrard. Two parks at Mannimore. Right Hon. John Foster. 3d November 1788.99 years, Easter 1787. 79 11 2 , , 2 3 9 18 10} , , 7 3 23 ºf
Francis Forde. Several houses, north side of Fair-street, also | Ald, James Forde. 4th June 1777. 99 years, Easter 1775. 2 3 2 3 2 3 4 0 0 , , Hj
several houses with gardens, south side of O
Fair-street, and east side of Mass-lane. - ºd
Same. Piece of ground at James's Gate. Same. 1st March 1780. 61 years, Easter 1779. 15 18 6 Irish: 1 2 9 , , 0 3 12 º-
Same. Several tenements and gardens, west side of Same. 11th August 1783. 61 years, Easter 1782. 33 5 0 , , 3 6 6 , , H
Castle-street.
Same. Three parks at Mannimore. Same. 6th June 1785. 99 years, Ea 1784. 40 14 0 , , 2 3 5 1 10 , , 4 2 38 9
Thomas Carty. House and background, south side of John-street. Edward Brunton. 21st June 1773. 61 years, Ea 1773. 57 10 0 Irish. 5 15 0 , , Cſ)
Peter Markey. Several parks of Mannimore. John Marshall. 7th Jan. 1771. 61 years, Ea 1772. 211 15 7 , , 15 2 6%. , , 6 1 30 }*{
C. Nicholson. Parcel of land at Landsarragh. John Jebb. 5th June 1775. 61 years, Ea 1775. . 68 13 9 , , 4 18 13, , , 4 3 25 2.
Michael Bird. Ground, east side Hide Market and Linen James Bird. 6th Sept. 1784. |997 years, 1 May, 1784. º © tº g e 3 8 3} , ,
Hall Market. - 1. * }=!
James Forde. Lot of ground, east side of Duleek-street. Roger Forde. 11th August 1783.99 years, Easter 1783. 21 10 0 , , 2 3 0 , , ºd
Trustees of Patrician |Lot of ground out West Gate. William Dardis, C. Dela- 17th March 1801. 99 years, Easter 1800. * © © © {º 3 5 0 , , tr;
School. hoyde, and Roger Ha- º
mill, trustees.
Same. Lot of ground, north side of Trinity-street. Thº, Brodigan, P. Boylan, 4th July 1825. 74% years,Michaelmas 1824. © e e º º 5 0 0 , ; 3
and B. Kelly, trustees. - tº
RepresentativesofP.Carney House and premises, south side of John-street. George #.3. 7th Sept. 1784. 99 years, Michaelmas 1785. 95 0 0 , , 9 10 0 , ,
Robert Thompson. Several premises and tenements, north side of John Ackland. 11th Aug. 1783. 99 years, Easter 1782. 0 10 0 , , 0 10 0 , ,
William-street, with covenant to widen the -
- street and lane. -
Same. Park out James’s Gate. George Evans. 6th June 1785. 61 years, Michaelmas 1785. 70 16 4 , , 5 1 2 , , 3 3 23
Same. Parcel of land at Blackbush-lane. Same, 7th Nov. 1785. 61 years, Michaelmas 1785. | 67 11 7 , , 4 16 6 , , 8 l 16
Same. Dwelling-house, east side of Shop-street. Same. 12th Aug. 1801. 99 years, Easter 1805. 40 0 0 , , 4 0 0 , ,
Same. Dwelling-house, with the yard, &c., south side Same. 19th Jan, 1824. 99 years, Michaelmas 1823. 107 10 0 , , 32 5 0 , , -
..of Dyer-street, - OO
QJY
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Q 5 &
SB O 2.
E. : : H
tº "O Hº!
Sº so
tº 23

y
!
Rental of the
Estates and Properties of the Corporation of Drogheda—continued.
|
s
;

Names of the present
Denominations of Property.
Names of Parties to
whom the Leases, Deeds,
Dates of Leases,
Deeds, or Grants,
Amount of Rent
Acreable
- T 0. º * o a - -
Tenants. or Grants were made. º: by the €Ilures Consideration given reserved. Contents.
orporation.
Currency. Currency. A. R. P.
& vi º g - £. S. d. 36. S. d.
Henrietta Twiss, widow. Park out Laurence’s Gate. John William Foster. 23d Jan. 1800. 99 years, 1st May 1799. 215 - 1 3 Irish. - - 10 15 0 Irish. 3 3 20
Same. The moat park out Laurence's Gate. Same. 1st Nov. 1803. 99 years, Easter 1803. 117 14 0 Irish, and surrender of 8 2 0 , , 3 2 10
- a former lease.
John Clarke. Premises on the east side of the Old Hill. Ald, Philip Pendleton. 16th October 1786.99 years, Michaelmas 1786. • • . . . - -- 0 5 0 , ,
John Coulson. Land out Duleek Gate, called “Trim’s Land.” Ald, Edward Chesshire. 16th October 1786.61 years, Easter 1787. 68 7 11 Irish. 4 17 8 , , 7 0 17
Peter Markey. Park at Mannimore. Ald. Graves Chamney. 16th October 1786.99 years, Easter 1784. 5 3 5 5 15 14 6 , , 6 3 14
Mrs. Duff. Spot of ground on the North Quay. Graves Chamney. 21st June 1773. 37 E: % * lives, & g º • • 0 0 6 , ,
aster 1772. -
Same. House and premises, east side of Rotten-row, Same. 6th Sept. 1784. 99 years, Michaelmas 1785. 31 10 0 Irish. 3 3 0 , ,
also ground, north side of James's-street. gº tº º
Same. Old gaol premises, south side of James's-street. The Commissioners for 20th March 1819, 1999 years,Michaelmas 1818. Q ſº ſº tº 0 0 6 , ,
building new gaol in trust.
Francis Skelly. Park without Duleek Gate, called “Thorny Graves Chamney. 6th Sept. 1784. 61 years, Michaelmas 1785. 61 18 liº Irish. 4 18 5 , , 3 1 5
Park.” - -
William Foskey. Parcel of lands near the Twenties. Ald. Henry Pentland. 30th Dec. 1815, 199 years, Michaelmas 1817. 120 16 10 , , 21 12 7 , , 6 0 8
Lathum B. Hamlin. Lot of ground without Sunday's Gate. William L. Blacker. 4th Nov. 1789. 61 years, Easter 1789. 0 5 0 , , 0 5 0 , ,
John Ball. Dwelling-house and premises west side of Shop- || John Ball. 30th Dec. 1815. 99 years, Easter 1815. . 160 0 0 , , 2 3 15 0 0 , ,
street. -
William Graves. Parcel of land at Landsharragh. Francis Graves. 4th Nov. 1791. 61 years, Michaelmas 1790. 119 0 0 Irish. 8 10 0 , , 8 2 0
Cope Garnet. Three parks at Mannimore. Ald. Edward Chesshire. 16th October 1786. 99 years, Easter, 1784. 5 3 5 5 22 12 10%. , , 12 2 36
Joseph Leland. Lot of the land at St. James's. * George Tandy. 4th Nov. 1791. 99 years, Michaelmas 1791. 51 0 , , j 8 19 4 , , 10 I 0
Mrs. M'Conchy. Houses and premises, north side of West-street. || Ald. James Schoales. 4th July 1796. 99 years, Easter 1796, 122 10 0 Irish. 11 5 0 , ,
Robert Pentland. Lot of ground, north side of Bessexwell-lane. Henry Pentland. 23d Jan. 1800. 99 years, Easter 1798. 49 7 6 , , 4 18 9 , ,
William Cairnes. Park adjoining the town wall at Mary's church- || Anthony Sillery. 5th June 1775. 61 years, Easter 1775. 25 18 0 , , , 1 17 0 , , 0 3 25
yard. -
Francis Collins. Two lots of ground out Sunday's Gate. Ald. William Gibbons. 17th March 1801. 99 years, Easter 1800. 2 10 6 , , 2 : 0 10 0 , , -
Rev. William Power. Park out Laurence’s Gate. James Sandiford. 4th June 1777. 61 years, Michaelmas 1776. 5 3 6 , , 5 5 5 3 6 , , 5 0 28
Mrs. Park. Lot of ground, east side of old Corn Market Andrew Boyd. 19th Jan. 1824, 99 years, Michaelmas 1824, 21 0 0 Irish. 4 10 0 , ,
Hill. -
Edward Wakefield, John Dwelling-house, south side of Fair-street. Edward A. Hamilton. 25th July 1803. 99 years, Michaelmas 1802. 113 15 0 , , 11 7 6 , ,
Henry, and Jane Ha- - -
milton. - e
John Booth. Dwelling-house, garden, &c., south side of Fair- || Ald. William Gibbons. [12th August 1801. 99 years, Easter 1801. 2 3 5 5 3 8 3 , ,
street.
Elizabeth Furegan, widow. Dwelling-house and back ground, west side of Henry Ackland. 2d Sept. 1805. 99 years, Easter 1804. 56 0 0 , , 6 5 0 , ,
Shop-street. - -
Vicar of Saint Mary's. Dwelling-house, offices, and garden, south side Rev. Charles Crawford, 18th Jan. 1810. For ever, 18th Jan. 1810. 9 J 0 5 0 , ,
of Dublin Road, for a glebe house. Vicar of St. Mary’s. -
Charles Collins. House, garden, &c., south side of Dublin Road. | William Knipe. 22d Feb. 1810. 99 years, Easter 1810. 5 5 > 3 0 5 0 , ,
John Leland. One park of Mannimore. Abraham Knight. 7th Jan. 1771. 61 years, Easter 1772. 126 10 6 Irish. 9 0 9 , , 4 0 10
s
s
Rental of the Estates and Properties of the Corporation of Drogheda—continued.
Names of Parties to # º of º: Amount tR t Acreable'
No. Name,º: * pºint Denominations of Property. vº,the Leases, º º it; * Tenures. Consideration given. º: €Il é.
or Grants were made. Corporation. -
* Currency. Currencv. A. R. P
* £. s. d. y £. s. d. y -
William Foskey. Part of the lands of Mannimore. William Foskey. 24th July 1824. 99 years, Easter 1823. 116 15 4% Irish. 20 12 3 Irish. 5 3 26 3:
Mrs. Kegan. Two houses, corner of West-street and Peter- || James Kegan. 17th March 1801. 99 years, Easter 1802. 568 15 0 , , 3 0 0 , , c;
street. = [y
Same. House and garden, west side of Duleek-street. Same. 25th Sept. 1815. 99 years, Michaelmas 1815. 5 0 0 , , 1 10 0 , , 2.
Same. House and tan-yard, south side of John-street. Same. 30th Dec. 1815. 99 years, Michaelmas 1815. 56 17 6 , , 17 1 3 32. as
Same. Small piece of ground to the rear of premises, Same, 24th Jan. 1828. 62 years, Easter 1826. wº ge tº º © 2 10 0 British. hºst
south side of Dyer-street. - & H3
Same. House and premises, south side of Dyer-street. || William Kegan. 16th Oct. 1786. 99 years, Easter 1788. 74 0 0 , , 7 8 0 Irish. *
Same. Parcel of ground, west side of the Old Hill. John Kegan. 11th August 1783. 99 years, Easter 1783. 15 5 0 , , 1 10 6 , , E-
James Fairtlough. Land ºthout #est Gate, called “Justice’s | Samuel Fairtlough. 4th Nov. 1791. 99 years, Michaelmas 1791. 103 10 0 hiº and * of 12 0 0 , , 17 l 10 C
Park.” g a. [Or II, CI 108. See -
Same. Park out James’s Gate, near Cromwell’s Mount. | Edward Chesshire. 6th Sept. 1784. 61 years, Michaelmas 1785. 40 5 0 Irish. 2 17 6 , , 1 1 0 %
Rev. Sam. G. Fairtlough. Ground fronting Patrick’s Well-lane, the eastern- || William Chesshire. 22d Feb. 1810. 99 years, Easter 1810. 86 15 0 , , 3 3 15 0 0 , , H5
most part of the Augustine Friary. # +. O
Alderman Edward Fairt- Two tenements and gardens out West Gate, one | Rev. Thomas Fairtlough, 25th July 1803. 99 years, Michaelmas 1802. 157 3 0 , , 5 5 13 6 0 , , 4 0 25 ºd
lough. parcel of land, and Shamrock Park, east side and Edward Fairtlough, - *
of Windmill-lane, also three parks at Land- administrators of Ald. ºp H
sharra. Oliver Fairtlough, - - - g * -
Same. on, dwelling-house, offices, &c., south side of Same. 14th May 1804, 99 years, Easter, 1804, 112 11 0 Irish. 12 10 0 , , 3
est-street.
Same. House and concerns, west side of Shop-street. Same. 18th Dec. 1818. 99 years, Easter 1819. 124 11 0 , , * > 10 0 0 , , C/D
Same. House and concerns, south side of West-street. Same. 18th Dec. 1818. 99 years, Easter 1819. 114 5 0 , , 5 2. 11 7 6 , , H==
Same. A parcel of land without West Gate, called Same. 18th Dec. 1818. 99 years, Easter 1819. 126 4 l l , , 2 3 9 9 1 , , 2.
ſº “Fairtlough's Field.” Hºmº
Alºn William Fairt- Several parks at Landsharragh. Edward Chesshire, 25th Oct. 1780. 61 years, Easter 1780. 2 14 4 Irish. 2 14 4 , , 7 1 0 25
Ougn. br;
Same. Several parks at Mannimore. William Fairtlough and 6th June 1785. 99 years, Easter 1784, 112 7 8 , , 2 3 14 0 11%. , , 13 l 19 b-
Eliz. his wiſe, Charles º-
Evans and Frances his 2.
wife. • *. fº t
Same. Park at Mannimore. William Fairtlough. 16th October 1786.61 years, Easter 1787. 42 6 5 Irish. 3 0 5 , , 2 3 38 º
Same. Ground, east side Linen Hall or Hyde Market, Same. 16th October 1786.993 years, 1st May 1786. © d gº sº & 8 13 4 , , * .
part of Mrs. Pounteney’s demise. * - .
Same. Parcel of land without Sunday’s Gate, opposite Same. 24th Jan. 1826. 99 years, Michaelmas 1825. 137 9 0%. , , 24 5 2 , , 6 1 35
“Hardman’s Garden.” -
Same. Plot of ground adjoining Alderman’s Acres, Same. 24th July 1824, 99 years, Michaelmas 1822. 6 11 9 , , 1 3 3 , , 0 1 25
tº ge called “Serjeant's Stang.” - -
John Crawford, surviving Dwelling-house, back ground, and offices, north || Ald, William Holmes. 1st Now, 1803. 99 years, Easter 1803. 40 0 0 , , > 5 6 0 0 , ,
executor of George side Laurence's street. -
Holmes. 3.
- So
tº Ho
§ 53
#3:33
§ gº
ºf ; ; 3
J i. g ºr

Rental of the Estates and Properties of the Corporation of Drogheda—continued.
3.
:
- Names of Parties to #º: º: º: A t of R.
No Names of the present Denominations of Property, whom the Leases, Deeds, 5 5 Tenures. Consideration given. mount of Rent | Acreable
º Tenants. h made by the - reserved. Contents.
* or Grants were made. g
Corporation. -
£. Currency. - Currency. As R. P.
• Se . S. d.
‘John Crawford, surviving Quick’s park, east side of Yellow Batter, two | Ald. William Holmes. 29th October 1804.99 years, Easter 1804. 105 15 2 Irish, and surrender of 15 6 9 Irish. 10 0 21
executor of George tenements and garden in Morgan's-lane, one a former lease. -
Holmes. meadow, west side of Yellow Batter Bridge, Q.
and two parks out Duleek Gate.
Same. House and premises, north side of Laurence's- | Patrick MºEntegart, 11th August 1783, 61 years, Easter 1782. 6 0 0 Irish. 6 0 0 , ,
street. *
Mrs. Crookes, Land out James's Gate, also tenement and gar- James Davis. 6th June 1814. 99 years, Easter 1812. 100 0 0 , , 9 3 20 0 0 , ,
den out Laurence’s Gate. º - .
Harry Brabazon. Park of land without Duleek Gate, called “Harp Wallop H. Brabazon. 25th Sept. 1815. 99 years, Michaelmas 1815. 46 13 7 Irish. 8 4 9% , , I 3 1
Park.” -
James Flood. Lot of ground, south side of his premises in James Flood. No lease executed. 96% years, Easter 1826. © º ſº o O 0 0 6 , ,
Dyer-street, adjoining the river, used as a
wharf or landing place. &
Ald. T. B. Hardman. House and garden, east side of Duleek-street, Ald. T. B. Hardman, 25th Sept. 1815. 99 years, Michaelmas 1815. 13 2 6 Irish, in two payments 1 6 3 , ,
in Sept. 1815, and
- - tº Jan. 1817.
Same. Parcel of land without Sunday's Gate. Same. 30th Dec. 1815. 99 years, Michaelmas 1817.| 478 14 7 Irish, in 3 payments, 12 18 9}, , , 5 2 20
* - in Dec. 1815, Jan.
º 1817, and Oct. 1823.
Same. House and concerns, west side of Shop-street. Same. 18th October 1822.99 years, Michaelmas 1820. 50 0 0 Irish, and surrender of 5 0 - 0 , ,
a former lease.
Same. Dwelling-house, east side of Shop-street. Same. 3d March 1829. 99 years, Easter 1828. 100 0 0 British. 10 0 0 British.
Same. Lot of ground, ºrth side road to Duleek. Same. 3d March 1829. 99 years, Easter 1828. 18 1 3 , , 1 I 5 5 1 1 27
Same. Two lots of ground, one near road to Listoke, Same. 13th July 1833. 99 years, Easter 1831. 221 17 0 , , 15 6 3 5 13 0 3
the other east side Yellow Batter-lane. -
Same. Houses and premises, south side of Magdalen- Same. 13th July 1833. 99 years, Easter 1831. 13 0 0 , , 1 6 0 , , Af
street. w
Same. Two lots of ground, south side of Scarlet-lane. Same. 13th July 1833. , 99 years, Easter 1831. 53 là 0 , , 5 7 6 , ,
Same. - A lot of the lands of Townrath. Ald. E. Hardman. 7th Nov. 1785. 61 years, Michaelmas 1785. 32 14 10 Irish. 32 14 10 Irish. 54 2 12
Same. Lot of ground without Sunday's Gate. Same. 4th Nov. 1789. 999 years, Easter 1789. 0 10 0 , , 0 10 0 , , 0 2 21
Same. Land out Duleek Gate, adjoining Rathmullen, Same. 12th August 1801. 99 years, Easter 1801. 25 10 0 , , 5 5 1 10 0 , , 2 2 35
and tenements and gardens, west side Duleek- -
street. ºx. -
Joseph Harpur. Dwelling-house and yard, west side of Bull Jºseph Harpur. 30th Dec. 1815. 99 years, Michaelmas 1815. 95 0 0 , , , 9 10 0 , ,
Ring.
Same. Dwelling-house and premises, west side of the Same. 30th Dec. 1815. 99 years, Michaelmas 1815. 175 0 0 , , 17 10 0 , ,
Bull Ring.
Same. Lot of ground, west side of the Bull Ring. Same. 19th Jan. 1824. 99 years, Easter 1823. 10 0 0 , , 3 0 0 ,
Patrick Walsh. Dwelling-house, west side of the Bull Ring. John Bell. 30th Dec. 1815. 99 years, Michaelmas 1815. 72 10 0 , , 21 15 0 , ,
#
*


Rental of the Estates and Properties of the Corporation
of Drogheda—continued.
Names of the present Names of Parties to 5. º Amount of Rent Acreable
No. Denominations of Property. whom the Leases, Deeds, 5 5 Tenures. Consideration given.
Tenants. y or Grants were made. ë. 8 reserved. Contents.
Currency. Currency. As R. P.
- £. s. d. £. s. d. <-->
Patrick MºRenna, executor ||Land, called “The Big Lady Park,” near Yellow Wakefield Hamilton. 30th Dec. 1815. 99 years, Michaelmas 1815. 268 14 4 Irish, in 3 payments, 7 13 7% Irish. 6 0 0
in trust for Edward | Batter. § in Dec. 1815, Jan. #:
Wakefield, John Henry, 1817,and April 1823.
and Jane Hamilton. - c;
Same. Parcel of land at Yellow Batter. Same. 30th Dec. 1815. 99 years, Michaelmas 1816. 75 19 7 Irish, in 3 payments, 2 3 5 , , 1 1 16 2.
in Dec. 1815, Jan. as
g 1817,and April 1823. H
Ald. Edward Fairtlough, Parcel of land without Sunday’s Gate, called Ald. Edward Fairtlough, 30th Dec. 1815. 99 years, Michaelmas 1817. 443 15 4% Irish, in 3 payments, 11 19 11 , , 7 1 21 Hü
** Dr. Bath’s Park.” in Dec. 1815, Jan. º-
- 1817, and Oct. 1823. b-
Same. Parcel of land without Sunday's Gate. Same. 30th Nov. 1820. 99 years, Easter 1821. 155 0 6 Irish, in 2 payments, 11 9 8 , , 4 1 20 C
- in Nov. 1820, and O
- Oct. 1823. ºf
Thomas North. Parcel of land near Green Batter, Thomas North, deceased. |30th Dec. 1815. 99 years, Michaelmas 1817. 53 15 3 Irish. 9 9 10 , , 2 3 10 He;
James M*Cann. Parcel of land without Duleek Gate. Ninian Rodger. 30th Dec. 1815. 99 years, Michaelmas 1816. 67 14 4 , , 11 19 1 , , 2 2 8 O
Samuel M'Caul, surviving Several parks at the Yellow Batter. Ald. William Holmes. 6th Sept. 1784. 61 years, Michaelmas 1785. 122 19 4 3, 8 15 8 , , 5 3 l º
executor of John M*Caul, - *
deceased. H
Same. Several parks at Blackbush-lane. Same. 7th Nov. 1785. 61 years, Michaelmas 1785. 89 1 6 , , 6 7 3 , , 11 0 30 &
Same. Dwelling-house and concerns, north side of James Davis. 30th Dec. 1815. 99 years, Michaelmas 1817. 30 0 0 , , 9 0 0 , , 2.
West-street. -
Same. Parcel of land at Green Batter. John M'Caul. 19th Jan. 1824. 99 years, Michaelmas 1824. 62 7 4} , , 11 0 3 , , 3 1 20 CO
Same. House and concerns, north side of Laurence's- | Same. 4th July 1825. 99 years, Michaelmas 1825. 26 11 3 , , 7 19 4%. , , P
street. - *
George William Evans. Lot of the mountain of St. James's. Ald, William Holmes, 4th Nov. 1791. 99 years, Michaelmas 1791. 68 2 6 Irish, and surrender of 10 14 0 , , 13 1. 20 :
a former lease. -
Joseph Holmes. House and back ground, north side of West- || Ald. William Gibbons. 13th August 1770. 61 years, Easter 1784. & e c tº 0 12 0 , , tr;
street, called the “Old Shambles.” 1.1 b-
Same. Four dwelling-houses, with concerns, south side Ald. William Holmes. 12th August 1778. 99 years, Easter 1778. 2 0 0 , , 2 3 2 0 0 , , 5-
of Laurence’s-street. ºz
Same. House and back ground, north side of West- Same. 1st March 1780. 99 years, Michaelmas 1779. 3 0 0 , , 5 5 3 0 0 , , t;
street. ge
Same. Two lots of the lands of Townrath. Same. 7th Nov. 1785. 61 years, Michaelmas 1785. 874 11 3 Irish. 62 9 4 , *... 106 1 28
William Clinton. Dwelling-house and concerns, south side of West- || Ald. Charles Evans. 4th Jan. 1826. 99 years, Easter 1827. 237 10 0 , , 65 15 4; British.
street.
Same. A lot of ground, south side of premises in Dyer- || William Clinton. No lease executed. 96% years, Easter 1826. Ç ſº Qº wº tº 2 10 0 , ,
street, in lease to George Evans, next adjoin-
ing the river. e
Peter M'Conchy. Lot of ground, north side of Dyer-street. Peter M'Conchy. 30th Nov. 1820. 99 years, Michaelmas 1821. 25 0 0 , , 7 10 0 Irish.
Same. Dwelling-house and concerns, west side of Shop- Same. 30th Nov. 1820. 99 years, Easter 1820. 87 10 0 , , 26 5 0 , ,
S ſº
treet 3?
H.
E. H. 92
# #3
£333
| ##3:
5 *S*
5 #o
º | > 2 ºf

- C
* : 33.
O #
ºs * ºf oil. 3.
£43:
§ 43
* | F- #3
Rental of the Estates and Properties of the Corporation of Drogheda—continued. 3.
Nº)
* Dates of Leases
Names of Parties to . . .
No. Names of the present Denominations of Property. whom the Leases, Deeds, Pºiº º ts, Tenures. Consideration given. Amount of Rent Acreable
Tenants. or Grants were made. C y reserved. Contents.
orporation.
ºney. Currency. A. R. Ps
- • 8. Cl. !. s. d.
Peter M'Conchy. The “ east division” of the lands of St. James's. | Peter M'Conchy. 30th Nov. 1820. 99 years, Michaelmas 1820. 454 17 7 Irish, in 2 payments, 33 14 0 Irish, 12 3 14
in Nov. 1820, and
Michaelmas 1823.
Same. Two dwelling-houses, corner of South Quay and Same. 19th Jan. 1824, 99 years, Easter 1824. 42 10 0 Irish. 12 15 0 , , 25
Bull Ring. -
John Ackland. The house division of the lands of St. James's. George Coulter. 6th May 1824. 99 years, Michaelmas 1820. 104 2 2 , , 67 16 11 , , 13 3 30 tºd
Robert Thompson. Lot of ground, west side of Kezar's-lane. Robert Thompson. 30th Nov. 1820. 99 years, Michaelmas 1820. 11 13 9 , , 2 1 3 , , . 3
Mrs. M'Donnell. Two parks out Sunday's Gate, also a garden James Davis. 6th June 1814. 99 years, Easter 1812. 30 0 0 Irish, and surrender of 10 0 0 , , 2 1 31 p3
º and tenement near St. Peter’s church-yard. º a former lease. H
Lucy Allen, widow. Part of the west division of the lands of St. Peter B. Carter and John |18th October 1822.99 years, Michaelmas 1820. 163 2 6 Irish, in 2 payments, 11 19 2 , , 4 1 0 CD
James’s. Allen, executors of in Oct. 1822, and
James Davis. Oct. 1823. H:
Same. Part of the west division of the lands of St. Same. 18th October 1822.99 years, Michaelmas 1820. 175 3 3 Irish, in 2 payments, 12 19 6 , , 4 2 10 :0
James's. - in Oct. 1822, and O
Oct. 1823, 3.
Messrs. R. Smyth and Lot of ground, with buildings, south side of Messrs. Smyth and Smyth. 30th Nov. 1820. 99 years, Easter 1821. 37 10 0 Irish. 11 5 0 , , C
St. George Smyth. Bachelor's-lane. O
Same. House and concerns, south side of Bachelor's-lane. Same. 4th July 1825. 99 years, September 1825. 10 0 0 , , 3 0 0 , , 3.
Same. Lot of the Ash Park, with cabins, north side of Ald. R. Smyth, junior. 19th Jan. 1824. 99 years, Michaelmas 1824. 21 0 3 5 4 10 0 , , 3.
Chester's-lane.
Same. Lot (No. 4) of the Ash Park, north side of Same. 4th July 1825. 99 years, Michaelmas 1824. 70 0 0 , , 15 0 0 , , 7.
* Trinity-street. * ÚO
Alderman Ralph Smyth. Parcel of land at Yellow Batter Same. 13th Nov. 1820. 99 years, Easter 1821. 173 14 6 Irish, in 2 payments, 12 17 8 , , 5 1 28 &
in Nov. 1820, and Z
Oct. 1823. -
Same. Park of land, adjoining lands of Beamore. Same. 19th Jan. 1824. 99 years, Michaelmas 1821. 5 6 3 Irish. 0 18 9 , , 0 3 15 s:
Same. Park of land without Duleek Gate. George Schoales Smyth. 25th Sept. 1815. 99 years, Michaelmas 1815. 198 17 6 Irish, in 3 payments, 5 7 6 , , 3 3 5 §
- in Sept. 1815, Jan.
º 1817, and Oct. 1823. O
Same. Ground at Legavoran. B. James Van Homrigh. 31st October 1797. 99 years, Easter 1797. 160 18 9 Irish. 8 0 11 , , 7 0 20 Z
Same. Tenement and garden out Laurence's Gate. Ald. R. Smyth. 22d Feb. 1810. 99 years, Michaelmas 1817. º e e ë º 5 13 9 , ,
Same. Park, part of Mannimore. Ald, George Schoales. 6th June 1785. 99 years, Easter 1784. 31 10 0 Irish, and surrender of 3 18 9 , , 3 3 30
a former lease.
Same. Part of the town and lands of Hacklin, county Same. 27th March 1786. 61 years, Michaelmas 1786. 437 1 2 3 , , 62 8 9 , , 138 3 2
of Louth.
Same. Two parks at Fisher's Batter, and two tenements Same. 4th Nov. 1789. 99 years, Easter 1789. 70 0 0 , , 5 5 1 10 0 , , 7 1 24
out James’s Gate. *
Same. Parcel of land at Yellow Batter, and house and Same. 4th Nov. 1789. 99 years, Easter 1789. 30 0 0 , , 5 3 1 10 0 , , 5 0 0
tan-yard, north side John-street. *
Same. House and premises, west side of Corn Market Same. 4th Nov. 1789, 99 years, Easter, 1789. 20 0 0 , , 5 3. 4 0 0 , ,
Hill. -

Rental of the Estates and Properties of the Corporation of Drogheda—continued.
N f the present Names of Parties to É . of º: Amount of Rent Acreabl
No. amº S6 Denominations of Property. whom the Leases, Deeds, º j 5 Tenures. Consideration given. reserved. Č.
| or Grants were made. C :
orporation.
Currency. Currency. A. R. P
£. s. d. £. s. d.
Ald. Ralph Smyth. Cabins in Irish-street, park in Green Batter, Ald. George Schoales. 4th Nov. 1791. 99 years, Michaelmas 1791. 60 18 9 Irish. 9 18 9 Irish, 3.
tenement and garden out Laurence’s Gate, and c
the firry park out Duleek Gate. 2.
Mary Bowden. Parcel of land at Yellow Batter. Edward Bowden. 14th Feb. 1825. 62% years, Michaelmas 1823. 161 17 9 Irish, in 2 payments, 11 19 11 , , 5 0 8 }=
in Easter 1821, and O
Michaelmas 1823. AE
James Gernon. Small piece of strand between his garden in Ald. George Schoales. 1st March 1763. |For ever, Easter 1763. o de © ſº 0 0 6 , , P-
West-street, and low-water mark of river Boyne. H
John Woolsey. Parcel of ground, with houses, north side of John Woolsey. 13th Nov. 1820. 99 years, Easter 1821. 70 0 0 Irish. 21 0 0 , , O
Dver-street. -
Rev. James Crawford. Tº: without St. James's Gate. Rev. Charles Crawford. 13th Nov. 1820. 99 years, Easter 1821. 79 1 0 , , 13 19 0 , , 2 3 ] O
William Rodger. Lot of ground, north side of Dyer-street, now | William Rodger. 13th Nov. 1820. 99 years, Michaelmas 1821. 18 15 0 , , 5 12 6 , , º
part of the meat market. 3
Same. Parcel of ground without Duleek Gate. Same. 13th Nov. 1820. 99 years, Easter 1821. 43 17 6 Irish, in 2 payments, 3 5 0 , , 0 2 38
& -- in Nov. 1820, and º
Michaelmas 1823. P-
Same. Lot of ground near Cowleaze Bridge, without Same. 13th Nov. 1820. 99 years, Easter 1821. 42 3 9 Irish, in 2 payments, 3 2 6 , , -:
Duleek Gate. in Nov., 1820, and O
Michaelmas 1823. 2.
Same. Lot of ground without Laurence's Gate. Same. 13th Nov. 1820. 99 years, Easter 1821. 34 11 5% Irish, in 2 payments, 2 l l 3 , , CMD
in Nov. 1820, and |-
Michaelmas 1823. 2.
Same. Two dwelling-houses, south side of Fair-street. Same. 14th Feb. 1825. 99 years, Easter 1826. 162 10 0 Irish. 48 15 0 , ,
Same. Parcel of ground, with cabins, west side of Great Same. 14th Feb. 1825. 99 years, Michaelmas 1824. | 112 0 0 , , 24 0 0 , , }*
George's-street, part of the Ash Park. :
Same. Parcel of ground, with cabins and gardens, north Same. 4th July 1824. 99 years, Easter 1826. 150 0 0 , , 32 5 0 , , tr;
side road to St. James’s. b-
Same. lº of ground, with cabins, west side of Morgan's- || Ald. R. Smyth, junior. 4th July 1825. 99 years, Easter 1826. 18 15 0 , , 5 12 6 , , 2
aiſle.
Same. House and concerns, south side of Laurence’s- || William Rodger. 24th Jan. 1828. 99 years, Michaelmas 1828. 37 10 0 British. ll 5 0 British. º
street.
Same. House and back ground on North Quay. Ald. E. Hardman. 1st March 1780. 99 years, Easter 1779. 2 0 0 Irish. 2 0 0 Irish.
Same. Two parks at Mannimore. Ann Martin. 6th June 1785. 99 years, Easter 1784. } } 5 y surrender of 5 16 2 , , 5 2 3
a former lease.
Same. Strip of ground, west side of Mayoralty-street. Ninian Rodger. 30th Dec. 1815. 99 years, Easter 1815. 5 × 3 × 3 2 0 10 0 , ,
Same. Park of land, with cabins at the north road, also Same. 25th Sept. 1815. 99 years, Easter 1815. 121 0 7%. , , 2 3 12 6 1%. , ,
a lot of ground, with cabins, adjoining the
“Swan,” Carman’s Inn. -
Same. Several tenements and gardens, east side of Same. 30th Dec. 1815. 99 years, Michaelmas 1817. 120 0 0 Irish. 8 0 0 , ,
Morgan's-lane. OO
CS
Cº)
C -s o
3 tº C
© tº c.
Q O 2.
: .33 ±5
g; 9 -3
§ 38
# 23

C -3
ºf , ºr
3.3%
5:43
tr;
ë 3
> z
Rental of the Estates and Properties of the Corporation of Drogheda—continued.
e Dates of Leases
Names of Parties to 5
Names of the present tº 8 & y Deeds, or Grants, º s & Amount of Rent | Acreable
No. º Denominations of Property. wº,ºº º: by the Tenures. Consideration given. reserved. Contents.
orporation.
Currency. Currency. A. R. P
- º £. s. d. £. s. d.
William Rodger. Parcel of land without Duleek Gate. Ninian Rodger. 30th Dec. 1815. 99 years, Michaelmas 1816. 419 2 5% Irish, in 3 payments, 11 6 7 Irish. 9 0 1 0
in Dec. 1815, Jan.
1817,and Oct.1823.
Same. Parcel of land, near Yellow Batter. Same. 30th Dec. 1815. 99 years, Michaelmas 1817. 248 10 4 Irish, in 3 payments, 6 14 4 , , 5 2 25
in Dec. 1815, Jan.
1817, and Oct. 1823.
Same. Dwelling-house, &c., east side of the Bull Ring. Same. 22d Feb. 1810. 99 years, Easter 1807. 180 0 0 Irish, 5 0 0 , ,
James D. Dowd. Warehouse and premises on the South Quay, Messrs. St. George Smyth 13th Nov. 1820. 99 years, Easter 1821. 85 6 2 3 25 11 10 , ,
together with a cellar or vault. and R. Smyth.
Mrs. E. Waters. Tenements and gardens in Crooked-street, with- || Ald. William Gibbons. 12th August 1778. 61 years, Michaelmas 1777. 1 0 0 Irish, and surrender of 1 0 0 , ,
out Duleek Gate. a former lease.
Same. Parcel of land without Duleek Gate. Same. 12th August 1778. 61 years, Easter 1778. 7 0 0 , , 5 5 7 0 0 , , 6 3 10
Same. Piece of ground, south side of John-street. Same. 12th August 1778. 99 years, Easter 1778. 0 5 0 , , 2 3 0 5 0 , ,
Same. House and premises, west side of Shop-street. Same. 11th Angust 1783. 99 years, Easter 1781. 7 14 0 , , 5 5 7 14 0 , ,
Same. Bark of land in Fisher's Batter, three small Same. 4th Nov. 1789. 99 years, Easter 1789. 34 2 6 , , 5 5 0 10 0 , , 5 2 38
crofts in the Dale.
Alderman John Leland. One house and back ground, north side of Dyer- || Robert Taylor. 1st March 1780. 99 years, Easter 1779. 32 10 0 Irish. 3 5 0 , ,
street. -
Same. Several parks at Mannimore. Ald. William Holmes. 6th June 1785. 99 years, Easter 1784. 148 17 6 , , 5 5 18 12 2; , , 19 2 13
Same. The westernmost part of the Augustine Friary, Same, in trust. 4th Nov. 1789. 99 years, Easter 1789. 100 0 0 Irish 1 10 0 , ,
near West Gate.
Same. Parcel of land, with dwelling-house, &c., out John Leland. 1st Nov. 1803. 99 years, Easter 1803. 135 0 0 , , 2 3 12 10 0 , ,
West Gate.
Same. One dwelling-house, west side of Peter-street, Same. 2d Sept. 1805. 99 years, Easter 1805. 50 0 0 , , } % 5 0 0 , ,
one house and back ground, south side of Fair-
street, a strip of ground and small garden in
front to Peter-street.
Same. Parcel of ground, houses, and gardens, without Same. 2d Sept. 1805. 99 years, Easter 1805. 50 0 0 , , 5 5 9 0 0 , ,
West Gate, called the “Old Abbey.”
Same, Parcel of land near the Twenties. Same. 25th Sept. 1815. 99 years, Michaelmas 1815. 314 16 2 Irish, in 3 payments, 8 10 13 , , 6 0 30
in Sept. 1815, Jan.
1817, and Oct. 1823.
Same. Parcel of ground, with cabins, without West Same. 30th Dec. 1815. 99 years, Easter 1816. 143 12 6 Irish. 15 0 0 , ,
Gate.
Same. Two parks of land without West Gate. Same. 18th Dec. 1818. 99 years, Easter 1818. 154 l 3 , , 9 1 3 , , 4 2 5
Same. Malt-house and concerns, north side of Bessex Same. 18th Dec. 1818. 99 years, Easter 1818. 30 0 0 Irish, and surrender of 2 10 0 , ,
Well-lane. a former lease.
Same. Parcel of land without West Gate. Same. 13th Nov. 1820. 99 years, Easter 1819. 191 19 24 Irish, in 2 payments, 14 4 5 , , 4 2 26
in Nov. 1820, and
Michaelmas 1823.

s
:
Rental of the Estates and Properties of the Corporation of Drogheda-continued.
N f th t & Names of Parties to #. º: #. is tº Amount of Rent | Acreable
No. * Denomination of Property. whº,º º made by the "| Tenures. Consideration given. reserved. Contents.
Or Cºra IltS Were IIla.018, Corporation.
Currency. * Currency. A. R. P.
£. s. d. £. s. d.
Alderman John Leland. House, &c., north side of West-street. Henry Ackland. 22d Feb. 1810. 99 years, Easter 1809. 85 6 3 iñº, and * of 8 10 7% Irish.
8. (Orºnel 1628). Se.
Same. Two parks at Mannimore. Thomas Wynne. 6th June 1785. 99 years, Easter 1784. 51 15 4 Irish. 6 9 5 3 3 5 1 7
Same. House, north side of Harp-lane. Graves Chamney. 6th Sept. 1784. 99 years, Easter 1786. 9 3 4 , , 0 18 4 , ,
John Mayne. Dwelling-house, corner of Laurence's-street and John Mayne. 14th Feb. 1825. 99 years, Easter 1824. 100 0 0 , , 30 0 0 , ,
Shop-street, formerly the Wooden House.
Thomas MºEvoy and Parcel of ground, south side road to Green | William Rodger. 19th Jan, 1824, 99 years, Easter 1824. 34 0 0 , , 6 0 0 , ,
Thomas Ennis, execu- || Hills.
tors of Patrick Ennis.
Joseph Holmes. Houses, tenements, and premises, south side of Samuel Batt and Joseph 14th Feb. 1825. 99 years, Easter 1824. 37 10 0 , , 3 15 0 , ,
John-street. Holmes.
Same. Park of land at Landsharragh. Same. 4th Jan. 1826. 99 years, Michaelmas 1825, 9 13 4%. , , 0 11 4} , , 1 0 20
Nathaniel Hill. Tenement and garden out Laurence's Gate. Graves Chamney. 6th Sept. 1784, 61 years, Easter 1786. 17 10 0 , , 1 5 0 , ,
Owen Hanlon. º south side turnpike road, out James’s | Ald. William Holmes. 1st March 1780, 61 years, Easter 1779. 114 10 9 , , 8 3 7 , , 4 2 28
ate.
Hºnd Mary Fairt- Two dwelling-houses, west side of Shop-street. Robert Pentland. 6th Sept. 1784. 99 years, Easter 1786. 100 0 0 , , 10 0 0 , ,
ough.
William , Leland, , John One house and back ground, west side of Peter- || Mr. Henry Leland. 21st April 1790. 99 years, Easter 1790. 3 0 0 , , 5 5 3 0 0 , ,
Leland, Frederick Le- street, another house, west side of said street,
land, and Greene, another house, west side of Magdalen-street,
and Mary his wife. also a tenement or garden at or near the bridge
of Mullary, county of Louth.
Same, Pº adjoining Mannimore, near Aldermen's Rev. Henry Leland, 22d Feb. 1810, 99 years, Easter 1810. 13 0 0 , , 5 5 1 14 1%. , , 0 3 0
CTéS.
Ald. St. George Smith. Dwelling-house and premises, north side of Fair- St. George Smith, 4th July 1825. 95% years, Michaelmas 1829.1006 3 1 British, in 2 payments, 7 17 0 British.
street. in July 1825, and
- Michaelmas 1830.
Same. The farm, called “Liscorry.” Same. 27th Sept. 1830. 95 years, Michaelmas 1829. 650 11 4 British, in 2 payments; 5 8 0 , , 37 3 20
in July 1825, and
. Michaelmas 1830. ~.
Same, Three parcels of the lands of Corballis, in the Jeremiah Smith. 4th Nov. 1791, 99 years, Michaelmas 1791. 171 0 0 Irish. 1 15 0 Irish. 57 0 0
county of Meath, land out Duleek Gate,
John Crawford. Lot (No. 2) of the Ash Park. John Crawford. 19th Jan. 1824. 99 years, Michaelmas 1824. 45 10 0 , , 9 15 0 , ,
Mary Ann Pounteney, Strip of ground in West-street. William Williamson, arch- 28th July 1681. |For ever, 28th July 1681. e º gº © tº 0 1 0 , ,
º deacon of Glendalough.
Same. Wide strand between the river Boyne, and his Rev. William Pounteney, 13th August 1770. 500 years, Easter 1770. o tº * > º § 0 0 6 , ,
tº wº wº is estate, south side of West-street.
William Pentony. à parcel of land, called Legamorey. Robert Park. 4th July 1825. 99 years, Easter 1825. 230 19 9 Irish 40 15 2 , , 21 1 10
Ald. H. B. Fairtlough. Lot of ground, with cabins, west side of Great H. B. Fairflough. 4th July 1825. 99 years, Easter 1825. 24 7 6 , , 7 6 3 , ,
George's-street.
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Rental of the Estates and Properties of the Corporation of Drogheda—continued. §
* Dates of Leases -
Names of the Parties to --sº
No Names of the present Denomination of Property. whom the Leases, deeds, P . º º Tenures, Consideration given. Amount of Rent Acreable
ſº Tenants. or Grants were made. º e by the reserved. Contents.
Ö orporation.
Currency. Currency. A. R. P.
º s, d. £ s. d.
Ald. H. B. Fairtlough. Parcel of land, west side road to Ballymakenny. H. B. Fairtlough. 4th July 1825. 99 years, Easter 1825. 65 5 5 Irish. 11 10 4 Irish. 2 3 28
Same. Lot of ground, with houses and tenements, south Same. 4th Jan. 1826. 99 years, Michaelmas 1825. 50 0. , , 15 0 2 3
side of Magdalen-street.
Same. Lot of ground without Laurence's Gate, south Same. 4th Jan. 1826. 99 years, Michaelmas 1825. 30 0 0 , , 8 6 2 British.
side Green Hills-road.
Same. Two small lots at the Bridge of Green Hills. Same. 3rd March 1829. 99 years, Easter 1826. 28 l 0 British. 4 19 0 , , 1 3 6
Same. Several lots of ground, with dwelling-house, &c., Same. 3d March 1829. 99 years, Easter 1828. 360 17 2 5 63 13 8 , , 15 l 8
west side road to Ballymakenny. ." r - - -
Same. Lot of ground, with dwelling-house, &c., west Edward Bowden. 24th Jan. 1828. 99 years, Easter, 1828. 88 12 11} , , 15 12 10 , , 5 2 10
side road to Ballymakenny. -
George R. Clarke. Parcel of land without West Gate. George R. Clarke. 4th July 1825. 99 years, Easter 1825. 105 3 9 Irish. 18 11 3 Irish. 4 3 32
Same. House and concerns, north side of West-street. Same. 24th Jan. 1828. 99 years, Michaelmas 1827. 32 10 0 British. 9 15 0 British.
William Barker. Parcel of ground, with houses, &c., west side of Thomas Ridgeway. 14th Feb. 1825. 99 years, Easter 1825. 32 10 0 Irish. 9 15 0 Irish,
Great George's-street, called “The Swan Inn.” * * * * * * * -
Francis William Leland. Parcel of land at Mannimore. Francis William Leland. 14th Feb. 1825. 99 years, Michaelmas 1825. 80 15 0 , , 14 5 0 , , 4 0 0
Same. Lot of ground, with houses, &c., south side of Same. 4th Jan. 1826. 99 years, Easter 1825. 25 0 5 3 6 18 5%, British. -
Trinity-street. -
Same, Two ºn parcels of land, with tenements, out | William Chesshire. 24th April 1790. 99 years, Michaelmas 1789. 1 10 0 Irish, and surrender of 1 6 6 Irish.
Duleek Gate. & * a former lease.
Same. Piece of ground, north side of Wellington Quay. Francis William Leland. 27th Sept. 1830. 99 years, Easter 1830. 10 0 0 British. 3 0 0 British.
W. B. Wade. 1st. Lot of Killineer. Francis Leigh. 4th April 1738. 1999 years, Easter 1738. 291 8 4 Irish. 4 10 0 Irish. 99 2 0
Same. 2nd. Lot of Killineer. Same. 4th April 1738. 1999 years, Easter 1738. 578 0 0 , , 4 10' 0 , , 125 1 0
B. T. Balfour, Esq. Park at Mannimore. Richard Cooper. 6th June 1785. 99 years, Easter 1784. 24 6 6 , , 2 3 3 0 10 , , 3 I 36
Same. Lot of the lands at Townrath. Same. 27th March 1786. 61 years, Michaelmas 1785. 212 15 13. , , 25 6 6 , , 50 2 25
Thomas Grendon. Lot of ground, with dwelling-house, west side of | Thomas Grendon. 14th Feb. 1825. 99 years, Easter 1826. 35 0 > 5 10 10 0 , ,
Duke-street.
Same. Park of land, east side lane from Hardman’s Same. 4th July 1825. 99 years, Michaelmas 1825. 69 9 0%. , , 12 15 2 , , 3 1 3
Garden to Green Hills.
Same. Lot of ground, with houses, west side Old Corn Same. 24th Jan. 1828. 99 years, Easter 1828. 21 17 0 British. 6 ll 3 British.
Market Hill. -
Thomas Ridgeway. A ºś º and lot of ground, east || Thomas Ridgeway. 27th Sept. 1830. 99 years, Easter 1830. 135 9 4} , , 23 18 1%. , , 30 0 26
- side Twenties’ Road. -
Samuel Batt. Three parcels of land without Sunday’s Gate, Ald. William Holmes. 29th October 1804,199 years, Easter 1804. 201 7 5 Irish 3.9 23 18 1 Irish.
adjoining Listoke.
Henry Smith. Lot ; ground, with cabins, south side of Sunday- | Henry Smith. 24th Jan. 1828. 99 years, Michaelmas 1827. 10 6 3 British, 3 1 10 British.
street.
Same. Hº: tan-yard, and concerns, south side of Same. 24th Jan. 1828, 199 years, Easter 1828. 60 0 0 , , 18 0 0 , ,
ohn-street. - . -
Same. House and concerns, west side of New Quay. Same. 3rd March 1829, 99 years, 1st Nov. 1828. 35 0 0 , , 10 10 0
Same. Piece of ground on the South Quay. Same. 3rd March 1829. 99 years, Michaelmas 1828. 37 10 5 2 11 5 0 , ,
s
Rental of the Estates and Properties of the Corporation of Drogheda—continued.
Names of Parties to
Dates of Leases,
:
No. Namtºn Denomination of Property. wº: Leases, º Dº ...ts, Tenures. Consideration given. Amº. ;ent. é..
or Grants were made. Corporation.
Currency. Currency. As Ra P.
- £. s. d. . s. d. .*
Ann Boyd. Ground, west side of Magdalen-street, and north Andrew Boyd. 4th July 1796. 99 years, Easter 1796. 25 10 0 Irish. 2 11 0 Irish.
side Irish-street. - g - * ...,
Same. Ground, west side of Magdalen-street, and north Same. 14th May 1804, 99 years, Easter 1803. tº & © & e 10 0 0 , ,
side of Irish-street. - *
Same. Parcel of land at or near Green Batter. Same. 30th Dec. 1815, 199 years, Michaelmas 1816. 99 19 6 Irish, in 3 payments, 2 14 1 , , 2 0 26
in Dec. 1815, Jan. &
. - 1817, and Oct. 1823.
Same. Parcel of land at or near Green Batter. Thomas North. 30th Dec. 1815. 99 years, Michaelmas 1817. 15 7 13 Irish, in 2 payments, 1 2 9 , , 0 2 10
in Dec. 1815, and
Oct. 1823.
Same. Parcel of land, with cabins, east side of Great Andrew Boyd. 18th October 1822.99 years, Easter 1819. 158 9 1 Irish. 27 19 3 , ,
George's-street. - 3. -
Same. Lot of º at Duleek Gate. Same. 18th October 1822.99 years, Michaelmas 1821. 3 17 6 , , 1 3 3 , ,
Same. Parcel of land, corner leading to Carstown, and Same. 19th Jan. 1824, 99 years, Michaelmas 1824, 31 18 11 , , 5 12 9 , , 1 3 3
a lane leading to Green Hills. -
Same. Lot of ground, north side of Blackbut-lane. Same. 14th Feb. 1825. 99 years, Easter 1824. 4 17. 9 , , 0 17 3 3.
Edward Roe. Coach-house and stables, east side of Magdalen- || Edward Roe. 24th Jan. 1828. 99 years, Easter 1828. 23 15 0 British. 7 2 6 British.
street.
William B. Smith, Henry |One park, near Cowleaze Bridge, without Duleek || Ald. Henry M. Ogle, 25th Sept. 1815, 99 years, Easter 1815. 175 10 0 Irish, and surrender of 11 10 0 Irish. 5 3 0
Smith, Wm. M. Smith, Gate. a former lease.
and Rev. John Smith.
Same. The lands, called Prior's Park, near Green Same. 25th Sept. 1815. 99 years, Easter 1815, 104 16 8 , , 6 3 4 ; , 4 0 18
Batter. -
Same. The land called the Bog of Mannimore. Same. 25th Sept. 1815. 99 years, Easter 1815, 94 4 2 , , 5 10 10 , , 19 2 0
Same. The lands at Page's Mill, and parks, containing Same. 25th Sept. 1815. 99 years, Easter 1815. 256 0 0 , , 18 0 0 , , 7 0 32
the windmill and watermill, and St. Laurence’s -
mill, without Sunday's Gate. -
Same. Lot of ground at Yellow Batter. Same. 30th Dec. 1815. 99 years, Easter 1815. 334 0 0 , , 23 16 10%. , , 13 2 20
Same. Tenements and gardens without St.James’s Gate. Same. 18th Dec. 1818. 99 years, Easter 1815. 100 0 0 , , 9 10 2.2. -
Same. Lot of ground without Dublin Gate. John Barlow. 4th Sept. 1829. 99 years, Easter 1826. 98 16 3 British. 5 16 3 British. 5 3 10
Same. Lot of ground, east side of Duleek-street. Same. 4th Sept. 1829. 99 years, Easter 1826. 12 10 0 , , 1 5 0 , , -
Same. Lot of ground, near the Twenties. Same. 4th Sept. 1829. 99 years, Easter 1826. 127 3 73 , , 7 9 7%. , , 6 2 24
Same. Lot of ground without Sunday’s Gate. Same. 4th Sept. 1829. 99 years, Easter 1826. 42 18 10 , , 2 16 10# , ,
Same. Lot of ground, with cabins, north side road to Same. 4th Sept. 1829. 99 years, Easter 1826. 30 0 0 , , 3 0 0 , ,
Green Hills.
Same. Parcel of ground, with dwelling-houses, north Ald. John Ogle, 1st Sept. 1767. 99 years, Easter 1767, with 5 5 2 3 2 3 3 5 0 Irish.
side of Fair-street, and also a garden and - covenant for one life at
back ground. the end of term.
Same. Piece of ground out James’s Gate, with waste Same, 13th August 1770. 99 years, Easter 1770. 0 10 0 , ,
strand on north side thereof.
3 5 9 2 5 5
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Rental of the Estates and Properties of the Corporation of Drogheda—continued.
& Dates of Leases
Names of Parties to º ~~~,
No. Names of the present Denomination of Property. whom the feases, Deeds, Pº, º º Tenures. Consideration given. Amount of Rent Acreable
Tenants. ſº or Grants were made. made y t e - reserved. Contents.
Corporation.
ºney. £ Currency. As R. P
- • S. ft. . s. d.
W. B. Smith, H. Smith, Dwelling-house, back yard, and garden, north || William Meade Ogle. 4th June 1777. 99 years, Easter 1777. 2 0 0 Irish, and surrender of 2 0 0 Irish.
Wm. M. Smith, and Rev. side of West-street. a former lease.
John Smith. -
Same. Land and tenement out Sunday’s Gate. Same. 4th June 1777. 61 years, Easter 1777. 1 0 0 , , 5 5 1 0 0 , ,
Same. Houses and premises, north side of West-street, Same. 1st March 1780. 99 years, Michaelmas 1779. 2 0 0 , , 2 3 2 0 0 , ,
and coach-house at Laurence’s Gate.
Same. Four parks, lying together near Blackbush. Same. 6th Sept. 1784. 61 years, Easter 1784. 6 15 0 , , 5 5 6 15 0 , , 6 3 9
Same. Tenements and premises on Old Corn Market Same. 7th Nov. 1785. 99 years, Michaelmas 1785. 2 0 0 , , 3 3 2 0 0 , ,
Hill, called “The Old Bell House.” -
Same. House and premises, north side of West-street. Same. 4th Nov. 1789. 99 years, Easter 1789. 75 0 0 , , 5 5 0 10 0 , ,
Same. Two houses, north side of West-street, one other Same. 4th Nov. 1789. 99 years, Easter 1789. 130 0 0 , , 3 3 1 18 0 , ,
house, north side of West-street, also one shed -
adjoining James's Gate, one park near Black-
bush, and a small croft in the Dale.
Same. Land at the Twenties, a meadow part of Same. 4th Nov. 1789. 99 years, Easter 1789. 325 0 0 , , 5 5 10 15 10 , , 62 3 20
same, a parcel of land called “Dobbin's Park,”
a meadow adjoining, also one other parcel of
land adjoining the Town Commons. - •
Same. House and back ground, south side of West- Same. 29th October 1804.99 years, Easter 1804. 80 0 0 , , 5 3 15 0 0 , ,
street, called the “Friary.” - -
Same. Park, with cabins, out Sunday's Gate, a park Same, 29th October 1804.99 years, Easter 1804. 397 0 0 , , 5 5 32 14 9 , ,
thereto, adjoining also the White House Park, -
out Laurence's Gate, and another park near
the same, called “Tracy’s Park.” .* -
Same. Land,called “Bath’s Parks,” without Duleek Gate. Same. 22nd Feb. 1810. 99 years, Michaelmas 1809. 278 11 9 , , 5 5 19 1 3 , , 15 1 0
Same. Land out Sunday’s Gate, near Page’s Mill, with Same. 22nd Feb. 1810. 99 years, Michaelmas 1809. 178 14 4} , , 2 3 13 l l 10 , , 5 I 30
buildings. -
Same. Lot of ground, east side King-street. John Barlow. 4th Sept. 1829. 99 years, Michaelmas 1822. 40 0 0 Irish. 2 6 13 British
Same. Lot of ground, west corner of Alderman’s Acres. Same. 4th Sept. 1829. 99 years, Easter 1826. 39 15 93 British. 2 6 9:# , , 2 2 28
Same. Lot of ground near the Twenties. Same. 4th Sept. 1829. 99 years, Easter 1826. 25 10 5 5 . . 1 10 0 , , 1 0 27
Peter Verdom. Two parks of land without West Gate, west || Ald. R. Smith, junior. 4th July 1825. 99 years, Easter 1825. 122 1 7% Irish. 21 10 10%. , , 4 3 8
side of Great George's-street. * - - -
Thomas Hill. Parcel of land, with cabins, north side road to Edward Bowden. 19th Jan. 1824. 99 years, Easter 1824. 52 10 0 , , 11 5 0 , , 1 3 2
Slane, adjoining the lands of Mell.
Principal Officers of the A plot of ground at the north-west angle of Principal Officers of the 27th Sept. 1830. For ever, 27th Sept. 1830. 2 3 5 5 0 0 6 , ,
Ordnance. Millmount Barrack. Ordnance.
Joseph Leland. Parcel of land, with a house and garden out | Ald. John Graham. 1st Sept. 1760. 99 years, Easter 17 6 5 5 y 5 5 0 0 Irish. 5 1 28
James’s Gate.
Rental of the Estates and Properties of the Corporation of Drogheda—continued.
No.
Names of the present
Tenants.
Denomination of Property.
Names of Parties to
whom the Leases, Deeds,
or Grants were made.
Dates of Leases,
Deeds, or Grants,
made by the
Corporation.
Tenures,
Vicar of St. Peter’s,
— Blundel, Esq.
Henry Smith.
The Lord Primate.
Wm. B. Smith, Henry
Smith, Wm. M. Smith,
and Rev. John Smith.
Mrs. Balfour.
Managing Committee of
the Linen Trade in
Drogheda.
George Bale.
Spot of ground in Shop-street.
Laurence’s-street.
Strip of ground, west side of
formerly called Flint-lane.
Warehouse, called the Linen
the Hide Market.
Strip of ground, east side of Magdalen-street.
Piece of ground, south side of the river Boyne,
from the stairs of the said Jeremiah Smith’s
dwelling-house, to the town wall.
Tenement and garden, adjoining town wall in
Waste ground, near Blind Gate.
Mayoralty-street,
Hall, situate in
Lands, &c., without St. John’s Gate.
Rev. Ephraim Cuthbert,
Vicar of St. Peter’s, and
SUICCéSSOI’S.
Chr. Pippard Fitz-George.
Jeremiah Smith.
Dr. Lindsay, Primate of
Armagh.
Ald. James Meade.
John Leigh.
Rev. Robert Leavens.
George Ball.
1st Sept. 1767.
24th Feb. 1695.
24th May 1716.
9th May 1720.
5th August 1725.
13th August 1770.
13th August 1770.
26th April 1811.
99 years, Michaelmas 1766.
For ever, 24th Feb. 1695.
For ever, 24th May 1716.
For ever, 9th May 1720.
For ever, 5th August 1725.
Conveyance for ever.
For ever, in trust as a mar-
ket for the Linen Trade.
For ever, 26th April 1811.
No.
2.—RENTAL of the PROPERTY of the Corporation of DROGHEDA acquired by Purchase.
Denomination of Lands, Houses,
and Tenements.
Date of Lease, Deed,
or Instrument under
which same are held.
PIead Rents
pāyable for same.
Tenants’ Names, and the
Persons in whom the Lease
granted by the Corpora-
tion, as hereafter men-
tioned, are now vested.
Denomination
of Property
demised.
Names of Parties
to whom such
Leases, Deeds, or
Grants were made.
Date of Lease,
Deed, or Grant,
made by this
Corporation.
The garden or piece of ground on the
west end of the Custom House Quay,
containing from north to south 91 feet,
and from east to west 25 feet,
A piece of ground, situate near Bessex
Well-lane, in the parish of St. Peter,
formerly Old Wales, and late a chair
house, Warehouse, and granary, con-
taining in front from north to south 34
feet, and from east to west 25 feet,
whereon part of a large building then
called the Mayoralty-house, belonging
to the corporation of Drogheda, had
been erected.
Lease, dated 8th Sept.
1755, from Jas. Leigh,
Esq. for 500 years
from Easter 1755.
Lease dated 11th June,
1759, from Joyce Kim-
berly and Margaret
Kimberly, spinsters,
for 496 years from
Easter 1759.
£0 5s. 0d. Irish.
36 l 15s. 0d. Irish.
Not demised to any under-
tenant, but applied for the
accommodation of the pub-
lic as part of the Custom
House Quay.
Not demised to any under-
tenant, but forms part of the
public building called the
Mayoralty-house,which had
been rebuilt by the corpora-
tion, and partly occupied as
a public news-room, at the
expense of the corporation,
without any charge being
made for rent or otherwise.
g gº tº Amount of Rent | Acreable
Consideration given, reserved. Contents.
Currency. Currency. A. R. Pe
£. s. d. £. s. d.
tº g gº * © 0 0 6 Irish.
tº © © e © 0 l 0 3 3 :
o ſº e ſº º One pepper corn.
pepp 2.
as
© o º & t 1 10 0 3 3 R;
O & © e & 0 1 0 , , >
b-
& O
0 5 0 Irish, and surrender of O
a former lease. 25
Hºſ
O
s 25
I 137 10 0 Irish. One pepper corn. :*
- 3
O
2.
CO
Amount of 2.
& & In OUlntº, O -
Tenure. Consideration Rent Observations. -
- given. d }=
TeSeTVeOl. zo
br;
b-
5-
2.
p
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cº
33
:
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Rental of the Property of the Corporation of Drogheda acquired by Purchase—continued.
&
:
|

p. Ni. * the Names of Parties Date of Lease,
• . . Date of Lease, Deed Head Rents Persons in whom the Leases. Denomination Deed, or e g -
Denomination of Lands, Houses, Or instrument under' payable for granted by the Corpora- of Property 1. whom such Grant, made Tenure, Consideration Amount of Observations,
g wº sº eases, Deeds, or & given. Rent reserved.
and Tenements. which same are held. Sal Iſle, tion, as hereafter men- demised. Grants de by this
tioned, are now vested. Iant S Were Iſla (16, Corporation.
A lot or parcel of ground, containing 2R. Lease dated 26th Oct. Sixpence Rent, A portion of these premises forms part of the Custom House Quay, and
37P. plantation measure, situate on the 1780, from George and a fine or con- the residue thereof were demised in separate portions to James Bird,
North Quay, the property of George Schoales, Esq., for sideration paid merchant, William Gibbons, Alderman Cassimer Delahoyde, merchant,
Schoales, Esq., who became the pur- || 3,300 years from May of £1,400, Edward Chesshire, Esq., Edward Hardman, Esq., and James Forde,
chaser thereof, from Mrs. Sarah Cod- || 1780. Alderman, and the rents reserved by the leases made to these persons
dington, and the Rev. Wm. Codding- Were sold to George Ball, Esq., by deed bearing date the 5th of May
ton, her eldest son and heir at law, by 1802, in consideration of £1,145.
conveyance, dated 6th Nov. 1788, in -
consideration of £1,400, and which . - |
said Mrs. Coddington derived under
her late husband Wm. Coddington,
who became the purchaser of said pre-
mises, under deed of conveyance, dated - * * *
1st Nov. 1799, from the Right Hon.
Joshua Cooper, John Leigh, and Wm.
Meade Ogle, Esqs., who were the sur- | \
viving trustees in the will of Francis
Leigh, deceased, in consideration of
£1,200, who was seized in fee.
One brick dwelling house, and two other Lease dated 11th Aug. £75 0 0 James Gernon, One dwelling- Peter. 6th Sept. 997 years -- £50 0 0
houses, with back ground and offices 1783, from AnnePoun- house, and se- M*Loughlin. 1784. from Easter
thereto belonging, on the south side teney, widow oftherev. veral lots of 1784,
of West-street, containing in front to Wm. Pounteney, and ground on the -
said street 72 feet, and in depth on the Elizabeth Pounteney, south side of g -
east side 409 feet, spinster, daughter and - West-street, Annual loss on the premises of . 25 0 0
devisee of said Wm. *
Pounteney, for 99 years
- from 1st May 1783. - --
A plot of ground, formerly a garden, here- An assignment, dated £65 0 0 James Gernon. Lot of ground at James Gernon. 4th Jan. 99 years from £15 0 0
tofore known as Patton’sgarden, situate 14th July 1804, from and a fine or foot of Stock- 1826. | Michaelmas -
on the north side of the river Boyne, Robert Ashworth, for consideration of well-lane. 1825.
with the dwelling house and concerns 3 lives therein named,
thereon, together with the strand and with º; .
other rights thereunto belonging, which petual renewal of sai - . º
. property of § Ash- †: John Leland. Piece of ground John Leland. 30th Dec. 99 years 490 0 0 35 0 0 || These premises were let in I
Worth, as the cestui que trust in a lease - on the west side 1815. Easter 1814. 1814, at a yearly rent of
granted to John Mitchell, dated the -º of the New £30, to Mr.Michael Bird,
7th Oct. 1778, from James Patton, and Quay. - • whose interest Mr Gernon
which was for a lease of lives, renew- - purchased; and in consi-
able for ever, of such portion of said * g deration of a grant for
premises as was the estate of said James Annual loss to the Corporation on these premises of . 15 0 0 || ever from Mr. Gernon,
Rental of the Property of the Corporation of Drogheda acquired by Purchase—continued.
Tenure.
Consideration
given.
Amount of
Rent reserved.
Observations.
Denomination of Lands, Houses,
and Tenements.
Date of Lease, Deed,
or Instrument under
which same are held.
Tenants’ Names, and the
Head Rents Persons in whom the Leases
payable for granted by the Corpora-
Sal Iſle, tion, as hereafter men-
tioned, are now vested.
| Denomination
of Property
demised.
Names of Parties
to whom such
Leases, Deeds, or
Grants were made.
Date of Lease,
Deed, or
Grant, made
by this
Corporation.
Patton, and for the other portion there-
of which he held from the corporation
of Drogheda, for the residue of the
term of 996 years, which had been
anted by the corporation under lease
ated 17th February 1728.
A piece or plot of ground on the north
side of Laurence's-street, adjoining
the town wall, containing in breadth
from east to west 44 feet, and in depth
from north to south 292 feet,
By lease dated 22nd
Feb. 1810, from Wm.
Holmes, Esq., for 39
years, from Nov. 1809,
with a toties quoties
covenant for renewal,
so often as the said
Wm. Holmes should
renew said premises,
with others held by
him under the see of
Armagh, subject to the
payment of one-half
part or moiety of the
aggregate renewal
fille, costs, charges,
and expenses which
the said Wm. Holmes
should be required to
pay.
*{
£16 rent, and | No part thereof demised to
£62. 12s. 9d, fine. any under-tenant, but
wholly appropriated as
one of the public streets,
called Palace-street.
dated 4th January 1826,
of a portion of the lower
part of other premises,
which he held as the re-
presentative of Alderman
George Schoales, to whom
same were granted for
ever by the corporation,
by deed dated 1st March
1763, the said rent was
reduced, and the lease
now in recital made to
him, and the portion of
ground so acquired by the
corporation is converted
into a Quay for the ac-
commodation and conve-
nience of the public.
Š
|
s
;
|

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:

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º
3
tº O
f FE. H.;
tri
B
- *. P-
Rental of the Property of the Corporation of Drogheda acquired by Purchase—continued.
Tenants' Names, and the . . . [Date of Lease,
sº tº gº tº Names of Parties } -
tº a tº Date of Lease, Deed, Head Rents |Persons in whom the Leases Denomination Deed, or - º e
Demoniº of Lands, Houses, or Instrument under payable for granted by the Corpora- of Property 1: wº º Grant, m ade Tenure. Consideration Fº : Observations.
and Tenements. which same are held. Sal Iſle, tion, as hereafter men- demised. č. S, Leeds, . by this given. ent reserve (I.
tioned, are now vested. T8D-LS Were DOla (162,] Corporation.
}
A small piece of ground on the west side |By lease, dated 21st 6d. Not demised to any under-
of Tooting Tower-lane, now called Sept. 1815, from Sir tenant, but procured for
King-street, in the parish of St. Peter, Walter Synnot, Knt. the purpose of widening
containing in front to said street 22 for 3 lives, with cove- King-street aforesaid.
feet, on the sonth 3 feet 8 inches, and nant for perpetual re-
on the west 22 feet 3 inches. newal. - - £. s. d.
Concerns on the south side of William- By assignment, dated £34 2s. 6d. Austin Nicholls. Lot of ground, Austin , Nicholls, 26th October 94 years from . . . 10 0 0
street, formerly called Wine Hillary- | 18th June 1822, from and in conside- with a house deriving under 1816. Michaelmas
lane, in the parish of St. Peter, with the Rev. Jos. Murphy, ration of £100. erected thereon, Geo. Manning. 1816.
warehouse, barn, and stable thereon, who was the assignee on the south
ground in front thereof, and garden in of the executors of Geo. side of William-
the rear, containing in front to said Manning, deceased, - street. -
street 72 feet, in depth from front to who held said premises | . . The residue of the premises is appropriated to the use of the public mendicity establish-
rear on the east side 167 feet, on the by lease, under the re- | * ment, without any charge being made by the Corporation for rent or otherwise.
west 150 feet 9 inches, and in breadth presentatives of Pierce || || -
in the rear at the widest part 82 feet Archbold, deceased, Annual loss to the Corporation of & © º 24 2 6
3 inches. for 999 years, from
2. 29th Sept. 1812. -
The lower part of Mr. James Gernon's Lease dated 4th Jan. 6d. Not demised to any under-tenant, but procured by the Corporation, and appropriated by The consideration given by the Corpora-
garden, situate on the south side 1826, from James them for the formation and extension of the Quay known by the name of “New Quay.” tion for this grant is already mentioned
of West-street, running parallel with Gernon, from Michael- in reference to the demise made to Mr.
the south front of the dwelling house, masthen last for ever. Gernon of premises in Stockwell-lane,
adjoining his salt works, continuing and which was a reduction of a rent
same to low-water mark. theretofore paid by him of £30 for said
- tº tº premises to a yearly rent of £15.
A house and premises on the east side |Assignment, dated 10th £45, 10s. . . . No part of these premises is let to any under-tenant, but are wholly appropriated to the
of Peter-street, containing in front to Sept. 1828, from the and a fine paid accommodation of the chief constable, and for the watch establishment of the town.
said street 28 feet 2 inches, and from
front to rear 129 feet.
executors of John Arm-
strong, deceased, which
said John Armstrong
was the assignee of
James Townly, under
deed dated 28th Jan.
1822, who was the as-
signee of R. Skelly,
under deed dated 28th
April, 1820, who was
the assignee of Wm.
Skelly, under deed
dated 20th Feb. 1807,
who represented Geo.
Jones, cabinet-maker,
who held under lease
dated 1st Dec.1800, for
89 years from Nov.1800.
by the Corpora-
tion of £180.
s
o
s
:
RENTAL of that Part of the General Estate of the Corporation, denominated “THE CoMMONS FUND,” which is appropriated and set apart for the Relief of decayed Members of the Corporation, their
Widows and Orphans, and for such other Objects of Charity as may from time to time be allowed and thought fit by the Mayor, Sheriffs, and Common Council.
Names of Parties to Dates of Leases, Deeds 4. c;
No. Names of the present Denominations of Property. whom the Leases, Deeds, or Grants made " Tenures. Consideration given. Amount of Rents Acreable 2.
Tenants. tº reserved, Contents. |-l
or Grants were made. by the Corporation. O
Hºmº
Hö
º-
Currency. Currency. A. R. P b-
£. s. d. - #. s. d.
Christopher A. Nicholson. The 10th lot of the North Commons. Hampden Nicholson. 29th July 1793. 61 years, Easter 1794. 61 10 0 Irish. 30 15 0 Irish. 3
Patrick Moore. The llth lot of the North Commons. Matthew Moore. 6th Sept. 1784. 61 years, Easter 1785. 22 5 2 , , 11 2 7 , , 25
Nicholas Markey for Ni- The 6th lot of the North Commons. Miles Chester. 11th Aug. 1783. 61 years, Easter 1781. 18 2 4 , , 9 l 2 , , ~5
cholas Magrane.
Mary Browne. The 2nd lot of the South Commons. Patrick Gernon. 4th July 1796. 61 years, Easter 1797. 34 11 0 , , 17 5 6 , , §
Judith Kegan. The 1st lot of the South Commons. James Kegan. 4th July 1796. 61 years, Easter 1797. 37 0 0 , , 18 10 0 , , 3-
Mary Magrane. Tº 3rd, 6th, and 7th lots of the South || Alderman Oliver Fairt- | 6th Sept. 1784. 61 years, Easter 1786, 80 2 3 , , 40 1 13 , , H
OHIO In OIlS. lough. }*
William Fairtlough. The 12th lot of the North Commons. William Fairtlough. 29th July 1793. 61 years, Easter 1793. 61 17 5 , , 30 18 8 , , O
Harry Brabazon. Parcel of ground at Green Batter, part | Harry Brabazon. 16th Oct. 1786. 61 years, Easter 1786. 5 15 3 , , 2 17 7 , , 2.
of the Commons. (ſ)
John Chester. The 1st lot of the North Commons. Alderman William Jones. 4th July 1796. 61 years, Easter 1796. 49 9 7 , , 24 14 9%. , , ºm
Same. The 2nd lot of the North Commons. Same. 4th July 1796. 61 years, Easter 1796. 63 18 2 , , 31 19 1 , , Z
Same. The 3rd lot of the North Commons. Patrick M'Guire. 4th July 1796. 61 years, Easter 1797. 71 15 7 , , 35 17 9%. , , |m|
Same. The 4th lot of the North Commons. Alderman William Jones. || 4th July 1796. 61 years, Easter 1797. 44 12 1 , , , 22 6 0} , , ad
. . Same. The 6th lot of the North Commons. Same. 4th July 1796, 61 years, Easter 1796. 53 12 0 , , 26 16 0 , , tr;
Patrick Campbell. Two parks at Sunday's Gate, part of the James Greene. 14th May 1804. 61 years, Easter 1804. 31 17 0 , , 15 18 6 , , b-
g North Commons. -
Maria Foster, widow. The 8th lot of the North Commons. Alderman William Ches- || 25th Oct. 1780. 61 years, Easter 1781. 17 2 9 , , 8 11 4%. , , 2.
& shire.
Same. The 7th lot of the North Commons. Alderman Wm. Holmes. 11th Aug. 1783. 61 years, Easter 1781. 12 4 0 , , 6 2 0 , , 5
Thomas Magrane. The 4th lot of the South Commons. Patrick M“Gauran. 4th July 1796. 61 years, Easter 1797. 58 14 7 , , 29 7 3%. , ,
Patrick Traynor. The 9th lot of the North Commons. Patrick Traynor. 4th July 1796. 61 years, Easter 1796. 62 8 9 , , 31 4 4} , ,
Joseph Harpur. The 13th lot of the North Commons. Alderman William Jones. 4th July 1796. 61 years, Easter 1797. 35 12 6 , , 17 16 3 , ,
Ralph Smith, Jun, Esq. | The 5th lot of the South Commons. Ralph Smith, Jun. 19th Jan. 1824, 61 years, Michaelmas 1821. 42 3 9 , , 21 1 10%. , ,
OO
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233
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§ 23

:
§
RENTAL of that Part of the General Estate of the Corporation appropriated find set apart for the Maintenance of the Establishment denominated “The Poor of St. John's.”
3.
:
No.
Names of Parties to whom
Dates of Leases,
|

Gate.
99 years, Michaelmas 1824.
Names of the present Denominations of Property. the Deeds or Grants | Deeds, or Grants, made Tenures. Considerations given. Amount of Rents Acreable
Tenants. - were made. by the Corporation. reserved. Contents.
Currency. Currency. A. R. P
a Se g - £. s. d.
John Chester. House and tenements, west side of Mag- || John Chester. 25th Sept. 1815. 99 years, Michaelmas 1817. 100 0 0 Irish, 50 0 0 Irish.
dalen-street. - -
Mrs. E. Waters. Park in Blackbush-lane, without Duleek Alderman William Gib- || 11th Aug. 1783. 61 years, Easter 1779. 16 6 8 , , 8 3 4 , ,
Gate. bons. - º
James Forde. Land, mear the Twenties; called “Sir Alderman James Forde. 25th Oct. 1773, 61 years, Michaelmas 1774. 38 19 4 , , 19 9 8 , , 13 1 30
Robert Forde’s Meädows.”
Same. Tenements and gardens out Duleek Gate. Same. | 1st March 1780. 61 years, Easter 1780. 4 0 0 , , 2 0 0 , ,
Patrick H. Russell. Cellar in Rotten-row, corner of James's- George Thomas. 1st March 1780. 61 years, Easter 1780. 4 0 0 , , 2 0 0 , ,
street. .
Martha Fairflough, spin- || Two dwelling-houses, west side of Shop- || Robert Pentland. 6th Sept. 1784. 99 years, Easter 1786. 20 0 0 , , 10 0 0 , ,
ster. street, corner of Dyer-street.
Alderman John Leland. House, north side of Harp-lane, other- || Graves Chamney. 6th Sept. 1784. 99 years, Easter 1786. 1 16 8 , , 0 18 4 , ,
wise Bessex Well-lane. * -- -
Robert Thompson. Parcel of land at Blackbush-lane, out | George Evans. 7th Nov. 1785. 61 years, Michaelmas 1785. 19 16 2 , , 9 13 1 , , 8 I 16
James’s Gate. .
Same. Dwelling-house, east side of Shop-street, Alderman George Evans. 12th Aug. 1801. 99 years, Easter 1805. 48 0 0 , , 24 0 0 , ,
corner of North Quay. tº - -
Alderman Burton Tandy. Parcel of land at Blackbush-lane, out Burton Tandy. 7th Nov. 1785. 61 years, Michaelmas 1785. . 4 12 8 , , 2 6 4 , , 2 2 7
- James’s Gate.
Samuel M'Caul, surviv- || Several parks of land at Blackbush-lane. Ald. William Holmes. 7th Nov. 1785, 61 years, Michaelmas 1785. 25 9 0 , , 12 14 6 , , 11 0 30
ing executor of John
M*Caul, deceased. - -
Mrs. Mary Bowden. Tenement, east side of Magdalen-street. Ann Callan, widow. 29th July 1793. 61 years, Easter 1792. 16 0 0 , , 8 0 0 , ,
Philip Mullen. Two lots of ground, south side of road to John Mullen. | 4th July 1796. 61 years, Easter 1796. 23 18 0 , , 11 19 0 , ,
Plattin.
James Clinton. Part of the lands at Blackbush. James Clinton. 4th July 1796. 61 years, Easter 1796. 8 8 0 , , 4 4 0 , ,
James Crawley. Three houses, corner of Peter-street and James Crawley, 4th July 1825. 99 years, Michaelmas 1824. 66 0 0 , , 33 0 0 , ,
William-street, and one small house
in William-street.
Obadiah Wisdom. Dwelling-house and concerns, north side Obadiah Wisdom. 19th Jan. 1824. 99 years, Easter 1823. 56 0 0 , , 28 0 0 , ,
of West-street. e
Jane Potter. Tenements and gardens out Laurence’s Jane Potter. 19th Jan. 1824. 13 0 0 , , 6 10 0 , ,
MUNICIPAL CORPORATIONS IN IRELAND. 875 COUNTY OF
THE TOWN
191. The Income of the corporation is derived from the following sources: DaoğiedA
1st. Rents of houses and lands in Drogheda and in the counties of Meath and Louth. ---.
2d. Pecuniary fines upon leases, and renewals of leases. Income.
3d. Tolls and customs.
4th. Cranage.
5th. Cleansing of the streets, and other incidental sources.
They keep three separate accounts, viz.:-
1. The general Corporation Account.
2. The Account of the “Commons Funds.”
3. The Account of the Poor of St. John's.
The general account comprises all their revenues, save the rents of the commons and
of the estate of the poor of St. John's; the former producing £399 1s. 10d.; the latter
£214 19s. 11d. per annum.
The corporation acknowledge to hold these two properties upon charitable trusts, but the
rents of them, only, are brought to the accounts of the respective trusts; the fines received
upon the renewal of the leases of those estates being brought into the general corporation
account.
They also, to a certain extent, acknowledge that they hold their tolls and customs upon a
trust in its nature charitable, and apply a portion of these revenues upon the objects of that
trust; but they do not keep any separate account showing the result of the receipt and
application of their funds.
They lay claim to the remainder of their property as being applicable to the sole and
separate use of the members of the corporation in such manner as they may, by order of
assembly, direct.
The receipts, on the general account, amounted, in the year ended at Easter 1833, as
follows, viz.:
- f s. d.
1. By rents of houses and lands - º g- sº 2,651 4 53.
2. By deposits of fines upon leases, and renewals of leases 73 10 0
3. By tolls and customs - - º º tº- 576 0 0
4. By cranage - -> - - ºr tº- --- – 35 2 0
5. By cleansing the streets and incidental receipts - - 8 4 0
#3,344 0 5+
The annual rental of the general property is £2,836 4s. 1d. The average amount
received annually by fines upon leases, and renewals of leases, has amounted, upon an average
of the last five years, to £673; upon an average from 1815 to 1833, to £941 14s. per
a ſll]ll Iſl.
The entire income of the corporation, upon the average, and including all the estates,
exceeds £4,500 per annum.
192. The greater part of the annual Expenditure of the corporation is composed of charges Expenditure.
which do not ordinarily vary.
Parts of the expenditure are classed as “ charges not incidental;” the remainder as
“incidental charges.”
The following is a summary of those annual Charges which are usually termed “ Not Charges not
Incidental.” Incidental.
£ s. d.
Rents payable - - º * - tº-e 354 11 11
Interest on £100, Colonel Bellew's bequest - 5 10 9 .*
Ditto on bonds - - *- tº- º 714 5 10
Salaries - - - tº- º sº- 841 6 93
Pensions - - - º- sº mº 237 11 6
Grants for public purposes - e- sº- º I53 0 0
£2,306 6 93
193. The general funds of the corporation are charged with the following annual Rents: Rents payable.
f s. d.
Quit rents - - -> tº- dº gº 44 11 I
Rent charge to the vicar of St. Peter's sº I 16 11
Rent to vicar's choral fund - gºe *s 49 17 0
Rent charge on Killimeer (Dr. Coxe's charity) 18 9 3
Rent of corn market (to fund of poor of St. John's) 20 10 9
Sundry rents of property acquired by purchase 219 7 10%
fºã4 12 10}
194. The Quit Rents are specified in the charter as being charged upon particular denomina- Quit Rents.
tions of the lands granted by it to the corporation, in the manner already noticed.
195. The Rent Charge payable to the Vicar of St. Peter's is a grant of very ancient date. We Rent Charge to
were unable to trace its origin, but found, by an entry in the “White Parchment Book,” that Vicar of St. Peter'g.
in 1665 the “reserved rent out of the lands of Heighlin” was, with several denominations of
M. C. I. 10 N
COUNTY OF
876 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Vicar's Choral
Fund.
Rent Charge on
Killimeer.
Rents of Property
acquired by Pur-
chase.
Colonel Bellew's
Bequest.
Interest on De-
bentures.
Debts, how con-
tracted.
land, granted in fee-farm to Dr. John Hudson, then vicar of St. Peter's. These lands have
ever since been demised by the corporation, subject to this rent charge.
The charter of William confirmed to the corporation a fee-farm rent of 5s. arising out of
the abovementioned grant in 1665, but this is not now received, nor has it been received
within the memory of the present members of the corporation.
196. The rent payable to the Vicar's Choral Fund is chargeable upon all of the property of
the corporation, granted and confirmed by the charter of 7 James already referred to.
The corporation were thereby bound to maintain six singing men, beside and except the
parish clerk, in the church of the Blessed Peter, and three boys, or choristers, in the said
church of the Blessed Peter, paying to each singing man £6 per annum, and to each
chorister four marks per annum, and to maintain the mansion-house for them adjoining the
church-yard, as the Archbishop of Armagh should direct.
It appears that the corporation neglected to perform their duties for several years prior to
1791, when an information was filed against them to recover the arrears which had
accrued. We find that in June 1791 the corporation presented a memorial to the Lord
Lieutenant of Ireland, setting forth, that the county of the town of Drogheda contains about
8000 acres; that presentments sufficient in amount for the repair of the roads, and other
county charges, could not be levied without causing great distress to the poorer class of the
inhabitants; and that the corporation, taking this circumstance into their consideration, had
constantly applied part of their revenues to the purposes above mentioned, and in diminution
of the several local and necessary taxes to which the inhabitants were liable.
It then stated, that the corporation had made several retrenchments in furtherance of this
object, and that if their revenues should be so materially diminished as they might be by the
sale of their lands, agreeably to the prayer of the information, they would be unable to
continue a system which had been so beneficial to the town. -
This suit was afterwards compromised, and in lieu of paying six singing men, beside the
parish clerk, £6 each per annum, and £8 annually for three singing boys, or choristers, and
keeping in repair the mansion-house adjoining the church, as a residence for them, the
corporation agreed to pay £54 annually, which sum (the church of St. Peter's at Drogheda
having ceased to be a cathedral church) was, with the consent and approbation of the Primate,
allocated, and has since been paid, towards the maintenance of the vicar, the parish clerk, and
sexton of St. Peter's church. -
Under this arrangement (the fund being £49 16s. 11d. of the present currency,)
£ s. d.
The vicar now appropriates tº º 41 10 9 per annum.
The parish clerk - tºº •º tºº gº 5 10 9
The sexton gº * sº sº º 2 15 5
And the choral service of the church is altogether neglected.
197. The Rent Charge payable out of the lands of Killineer was purchased by Dean Coxe in
1716 from the corporation, and has since been paid over to the uses of a local charity
constituted under his will.
198. The Rents payable by the corporation for premises which they have acquired, and now
hold under lease, amount to £219 7s. 10}d. *
Out of this property the corporation receive only £1 184s. 0}d. annually, and thus sustain
an annual loss of £101 3s. 10d, upon this portion of their property, which is principally
caused by their having devoted the greater part to public purposes.
199. The corporation are charged with the payment of an annual sum of £5 10s. 9d. (£6
Irish), which is applied according to the charitable trusts of Colonel Bellew's Bequest.
200. The corporation at the time of our Inquiry were indebted upon outstanding bonds or
Debentures, amounting to principal money £1,500 (Irish currency), bearing Interest at £6
per cent. per annum, and £12,918 (Irish currency), bearing interest at 5 per cent. per
annum, and £700 (Imperial currency), bearing interest at 5 per cent. per annum; forming a
total of principal debt amounting to £14,008 18s. 5%d. (Imperial currency), and an annual
charge of £7145s. 10d.
201. This Debt has been contracted at various periods.
The issue of the first Debentures appears by the White Parchment Book to have been in
January 1767, and between that time and November 1803, (from which date the account
books are preserved,) 133 debentures appear to have been sealed, for sums of £100 or £50
each, amounting in the whole to £11,250; but portions of the debt were from time to time
called in ; at times new debentures were issued upon the paying off of the old, and no more
than £5,200 appears to have been due on the 1st November 1803, when the accounts which
are preserved commence.
From these accounts it appears that portions of the debt, subsequently incurred, have been
raised on terms securing to the lenders a rate of interest, on the moneys advanced, beyond
the legal rate. Thus, on the 1st November 1803, the assembly resolved to publish an
advertisement stating that there were to be disposed of six Drogheda corporation debentures
of £100 each; “the terms on which one or all of the debentures will be issued may be known
by applying, any day before the 10th November instant, to the mayor, or William Holmes,
Esq.;” and it was further resolved, that those six debentures should issue in £100 each, for
£90 paid down, and to bear interest at six per cent., to be made payable in five years from
the date, with liberty for the holder to call in the principal if not regularly paid the interest
within three months after it fell due every half-year. * t
MUNICIPAL CORPORATIONS IN IRELAND. 877
COUNTY OF
Alderman Philip Donagh under this order obtained six debentures, dated 21st November
1803, for £100 each, paying the sum of £540 only. -
Mr. Ninian Rodgers obtained two debentures, dated 12th October 1804, for £100 each,
paying the sum of £180 only; and eight debentures, dated 1st November 1805, for £100
each, paying the sum of £720 only.
Mr. Obadiah Wisdom obtained two debentures, dated 1st November 1805, for £100 each,
paying the sum of £180 only.
Alderman Philip Donagh obtained 11 debentures for £100 each, dated 16th December
1807; it appears that the sum of £1,012 only was paid, and not brought to account until the
27th April 1809. This was dome under an order of the 19th October 1807, for borrowing
£1000 for the purpose of defraying the expenses of the renewal of the local Act.
Mr. Obadiah Wisdom obtained five debentures for the sum of £550 in all, he paying only
£506. These debentures all bore interest at six per cent. per annum.
The last-mentioned sum was obtained under order of assembly bearing date 14th April
1809, pursuant to a resolution “that the sum of £500 be raised by debentures for the purpose
of defraying the expenses of the Bill depending, and that same be handed to the law agent.
The terms on which same can be procured to be approved of by Mr. Mayor and the town
clerk.”
The more remarkable items in the remainder of the debts contracted are the following:
No. 160, issued 27th April 1807, to the Rev. Jerome Alley for £168, being a balance due
to him for vicar's choral money.
Nos. 175, 176, for £100 each, issued to the minister and wardens of St. Mary's, Drogheda,
it is alleged, to enable them to build the steeple of the church.
Nos. 203 to 205, three debentures for £100 each, issued to Obadiah Wisdom and Ninian
Rodgers to assist the building of the Methodist house.
Nos. 206 to 220, 15 debentures of £100 each, to the governors and directors of the county
hospital; who paid to the corporation the sum of £1,500 on the 22d January 1813.
Nos. 221 to 226, six debentures for £100 each, 29th September 1817, to Mr. St. George
Smith, who paid £603; this, it is stated, was for the building of the butter-crane.
Nos. 227 to 235, nine debentures for £100 each to Mr. Austin Nicholls, for a balance due to
him for building the poor-house.
Nos. 236 to 244, nine debentures for £100 each, dated 29th April 1825, to Mr. Peter
Van Homrigh, recorder; these were issued under an order of assembly in the following terms:—
“Resolved, that the present salary of £100 per annum, paid to the recorder, be from hence-
forth discontinued; and that, in lieu thereof, nine debentures of £100 each, bearing interest
at the rate of £5 per cent. per annum, be issued to him, and that the remaining £55 be
applied to effecting an insurance on his life to create a fund for the payment of said deben-
tures, with the collateral security of a bond to guard against resignation of the office of recorder.”
This insurance was effected, and the money was recovered on the death of Mr. Van
Homrigh, and the debentures were thereupon paid off.
The rate of interest, generally, was reduced some years ago, on all the debentures bearing
interest at six per cent, to five per cent, per annum, except on those belonging to the county
hospital, which have been allowed to remain at six per cent.
202. The following Return shows the state of the Corporation Debt in 1833:—
DEBTs due by DEBENTUREs and INTEREST thereon at Easter Assembly, 1833.
Annual
Ledger. Present Holders. Amount Irish, intº In OW *
Currency.
£. s. d. £. s. d. £ s. d.
126 Geo. Pentland, Esq. as representative of P. Magowan. 100 0 () 2 6 2 4 12 3}
128 Ditto 35 D. Reed. 300 0 0 || || 3 || 6 || 1 || 13 l 6 11
132 | Ditto 99. W. Jones. 100 0 0 2 6 2 4 12 33
131 || James Kegan, Esq. 3? P. Macay. 200 0 0 || || 3 || 6 || 1 9 4 7%
133 | Rev. W. A. Holmes 35 Rev. J. Alley. 100 0 0 4 12 3%
134 || Francis Donagh, Esq. y 9 His Father. 1700 0 0 || 78 9 2%. 78 9 2+
141 James Kegan 2 3 W. Kegan. 500 0 0 || 46 3 1 || 23 l 6%
142 | Governors and Directors of Co. Hospital, 6 per cent. 1 500 0 () || 4 || || 0 9 || 83 l 6
164 Anne Clements, representative of A. Nicholls. 500 0 0 || 1 || 10 9 || 23 l 6}
183 Rev. John Smyth U. e Ç 4. o . 3500 0 0 || 80 l 5 4} 161 10 9
194 | St. George Smith, Esq. o e te e . 31 00 0 0 |2|l 4 12 3}| 143 I 6%
203 Obadiah Wisdom, Esq. g { } g * . | 1818 0 0 || 59 5 3 | 83 18 2
206 || Joseph Harper . © º & & * . 1000 0 0 || 23 1 64; 46 3 1
14,418 0 0 |587 14 5+
Amount in present currency o . |13,308 l8 5% tº 679 5 10
127 | W. Pentland, Esq. as assignee of his father . tº 500 0 0 * 25 0 0
193 || George Pentland, Esq. . . ę e tº * 200 0 0 5 0 0 || 10 0 0
Total . te º tº © . || 4,008 18 5} |592 14 5: 714 5 10
N. B. Interests made up respectively to the last half yearly day of same being due in the several accounts.
Outstanding debt due to the corporation of Drogheda; executors of the late Alderman William Holmes,
deceased, £105 2s. 5%d. -
THE TOWN
OF
DROGHEDA.

county of 878 REPORTS FROM COMMISSIONERS ON
THE TOWN
. OF
DROG HIEDA.
Salaries.
Pensions.
203. The Salaries in the last year amounted to £841 19s. 1%d.
A considerable reduction was made in the number and amount of salaries, in accordance
with the recommendation of a committee of economy appointed by the assembly in 1829;
and some further reductions have since been effected. The salaries were:—
In 1829. In 1833.
£ s. d. f s. d.
Mayor - gº {Ea es º gº 200 0 0 150 0 O
Recorder - tºº tºº wº sº º 50 0 0 50 0 0
Town clerk º - gº sº tºº 33 6 2 25 0 ()
Treasurer - sº - - tº eº 256 0 0 150 0 0
Sheriffs – sº sº tº gº sº 22 3 ].
Swordbearer gº wº tº -º sº gº 52 10 0 40 0 0
Ditto for loss of perquisites on corn samples 30 0 0 20 0 0
Water-bailiff and harbour-master gº 46 3 I 35 0 0
Physician to the gaol - tºº. wº sº 32 6 l
Chaplain - sº wº sº gº sº 36 18 5%
Marshal of the Tholsel Court - - 18 9 23. 10 0 O
Chief constable sº - - - 84 0 0 60 0 0
Inspector of nuisances sº dº - 31 10 0
Master of Drogheda school dº & ºt 9 4 7
Auctioneer sº * gº tºº º 21 O 0 10 0 0
Housekeeper to mayoralty house tº 30 0 0 25 0 0
Secretary of committee of accounts tº 10 10 0 8 8 0
Tholsel-keeper - tº gº º º 11 15 5 8 0 0
Keeper of clock tº *º gº * = 11 6 7 8 8 0
Rent-bailiff dº *ge - - gº I 5 0 0 5 0 0
Printer to corporation - sº sº 55 7 8 50 0 0
Toll collector - wº tº º tº gº 50 0 0
Macebearer sº tº tº a dº tº ºn 21 0 0 16 0 0
Senior serjeant at mace * * * 19 7 84 19 7 84
Six other town serjeants - gº º 110 15 4} 110 15 4%
Two bang-beggars ge tº gº sº 21 0 0 21 0 0
Two halbertmen tº {- tºº &= - 5 10 93 5 10 9}
Bellman * > gº gº sº tº . 5 10 9} 5 10 9}
Sexton of St. Peter's, as curfew-toller - 3 13 10% 3 13 10}
Stephen Stannage for care of market-house 4 12 3} 4 12 3}
*
£1,289 0 4 £841 6 93
A still further reduction might be made in the number of officers, and in the amount of
salaries, without at all impairing the efficiency of the corporation for municipal purposes. -
204. The Pensions granted by the corporation, although annually authorized by vote of
assembly, are, in practice, enjoyed for life. *
They are granted almost invariably to females, being the widows or children of deceased
aldermen, common councilmen, or the more respectable class of freemen, who have died in
embarrassed circumstances. Pensions are obtained by memorial to the assembly, setting
forth the claim of the individual, and vary in amount at the discretion of that body.
In 1829, when the last reduction was made in the general corporate expenditure, the
pension list was reduced from £307 10s. 7d. to £189 7s. 0d. However, at the time of our
Inquiry it had increased to £237 Ils. 6d.
In some cases pensions are granted by the assembly, upon the general corporate funds,
until a vacancy shall occur in one of the charitable foundations under their control, and
occasionally the same person continues to receive aid from both funds when that derived from
either is not considered sufficient. -
These pensions are paid by the treasurer of the corporation quarterly, and occasionally in
advance.
The number of persons returned to us, at the time of our Inquiry, as receiving pensions,
was 13. *
£. s. d. *
Anne Fairtlough . e . 23 0 6 Daughter of a deceased Common Councilman.
Margaret Ball gº o . 15 15
Mary Ball . gy o ... 10
Jane Taylor g sº ... 8
O Daughters of a deceased Free Member.
0
Mary Ashe . tº te . 10 0
O
0
Daughter of a deceased Sheriff's Peer.
Daughter of a deceased Free Member. |
Daughter of a deceased Alderman.
Daughters of a deceased Free Member, whose widow
had enjoyed a pension.
Anne M*Entegart . © . 30
Isabella Ferguson and Sister . 20
:
}
Mildred Ball * º . 25 0 0 Widow of a decayed Alderman.
Mary Jane Smith . de . 25 0 0 Widow of a decayed Common Councilman.
Anne Lowry tº g . 15 0 0 Widow of a Freeman who died in distress.
Patience Turvey . c . 10 10 0 Daughter of a deceased decayed Alderman, whose
- widow had been in receipt of a pension.
Sarah Coddington tº- . 25 0 0 Widow of an Alderman.
Stephen Stannage . º . 5 5 0 For a gun-shot wound received in the service of the
Corporation.
MUNICIPAL CORPORATIONS IN IRELAND. 879
COUNTY OF
These pensions were complained of as having been granted to persons who are not proper
objects for charitable assistance out of funds applicable to public purposes. One instance
only was adduced of the person who was enjoying the pension not being possessed of any
other means of support. .
The distribution of these, in common with the other charitable funds in the disposition of
the corporation, has been confined to the families of free members and Protestants, to the
exclusion of every other class of the inhabitants.
205. The amount of the Grants to public purposes in the year 1833 was £153. This sum is
made up (as reduced by the Committee of Economy in 1829) of the following items:
1833. 1829.
f s. d. f s. d.
Watch establishment - tº tº 20 0 0 60 0
Lamp lighting - wº tº .9 gºs 20 0 0 63 0 0
County hospital º tº - 50 0 (0 92 6 1
Blue School of St. Peter's - gº 42 0 0
Two female schools, at 10 guineas each 21 0 0
The reduction of the annual grants in aid of the public institutions and expenses of the
county of the town has been the cause of much dissatisfaction amongst the great majority of
the inhabitants, who are not free of the corporation, and who consider its revenues to be
applicable to public purposes, and not properly distributable amongst the members of the
corporation and their families and poor dependants.
206. Under the head of Incidental Charges are classed a great number of casual disburse-
ments made under the orders of assembly; amongst them is included the expenditure upon the
objects of the trusts upon which the right of levying tolls and customs was expressly granted
by their charter.
207. Those trusts were “for repairing the bridge of the town, and also the walls, towers, keys,
and pavements of the town.” The actual expenditure on these precise objects has been
inconsiderable.
208. The present Bridge was built shortly before 1738, when the lands of Killineer, containing
453 acres, were aliened for 999 years, for a sum of £2,693 Is. 8d. reserving a head-rent of
£22 10s. only, professedly for the purpose of defraying the expense. -
In 1809, complaints having been made of the narrowness of the way over the bridge, it wa
resolved by the assembly in January of that year, “that the treasurer do pay to Mr. Mayor
the produce of the gate customs, that shall accrue and become due after 18th April next, for
the purpose of creating a fund to widen the bridge of the town for the utility of the public.”
This does not appear to have been complied with, and in August 1814 we find that it was
resolved, “ that the bridge of this town is now in such a state of danger, from one of the
buttresses, and other parts thereof, having failed, that it is necessary that it should be pulled
down, and a new one erected.”
It was also resolved, that the funds of the corporation were insufficient to make this expen-
diture, and that the only way to effect it was by applying for an Act of Parliament,
empowering them to levy toll upon every article passing the bridge, and upon a mortgage
of which a sufficient sum could be raised. The toll to be only levied until the principal and
interest should be paid off. This idea does not appear to have been followed up, nor has
the bridge since been rebuilt; and it appears singular that, during six years after this
apprehension appears to have been entertained for the safety of the public, not more than
º was expended in its repair. -:
The present bridge is much complained of as being too marrow for the intercourse across it.
A model of a new bridge has been procured by the corporation; but at the time of our
Inquiry no arrangements were in progress for the erection of a new bridge. -
209. The Walls of the town have not been maintained for a great length of time, and the sites
of them have, in great part, been built upon; one only of the Towers, Lawrence Gate, is now in
a state of preservation. The Keys have been rebuilt and repaired out of the funds of the
Harbour Commissioners; and the expenditure on the Pavements of the town is, in fact, the
only substantial application of the funds of the corporation in discharge of the trusts so
imposed by the charters. The mode of conducting that expenditure by the Paving Com-
mittee has been already detailed.
THE TOWN
OF
DROGHEDA.
Grants.
Incidental Charges.
Charitable Uses.
Bridge.
Walls, Towers,
and Keys.
Pavements.
COUNTY OF 880 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF 210. The following table shows the income and expenditure of the corporation, in these re-
DROGHEDA. g ... .
spects, during the last 33 years. :-
IN COME BY TOLLS AND CUSTOMS. •. EXPENDITURE.
i. and
ontage a 8:8)." idge and eeping in re- ...”
Years. é.te 3. cº. - Total. Years. Bºº. pair the Streets i Total.
- and public
Ways.
#. s. d. £. s. d. £. s. d. £. s. d. £. s. d. £. s. d.
1801 597 16 0 213 2 6 810 18 6 || 1801 e tº Q 137 2 53, 137 2 5%
1802 507 12 6 358 14 1 866 6 7 || 1802 27 3 0 . 73 4 10 100 7 10
1803 607 2 6 425 0 0}| 1,032 2 64|| 1803 || 107 1 11 183 4 7 280 6 6
1804 523 10 0 352 14 4} 876 4 4}| 1804 tº º ſº 156 1 4 0 156 1 4 0
l 1805 495 0 0 363 7 3 858 7 3 || 1805 15 18 6 89 0 7% 104 19 13
1806 50] 0 0 423 18 ll 924 18 11 || 1806 e º' tº 235 18 9 235 18 9
1807 549 0 0 477 12 8 || 1,026 12 8 || 1807 | 27 19 8 143 3 2 171 2 10
1808 735 0 0 567 17 2 1,302 17 2 || 1808 3 15 6 182 1 3% 185 16 9
1809 780 0 0 494 8 6 1,274 8 6 || 1809 19 4 4} 207 11 5 226 15 9
1810 804 0 0 664 15 I | 1,468 15 1 || 1810 © º º 11 I 10 11 111 10 11
1811 849 0 0 600 7 3}| 1,449 7 3}| 1811 tº J. Q. 208 13 11 208 13 11
... 1812 790 1 0 0 507 7 6 1,297 17 6 || 1812 tº C & 140 3 7 140 3 7
1813 886 10 0 563 17 6 1,450 7 6 || 1813 © C & 158 18 11 158 18 11
1814 969 () () 483 0 8%. 1,452 0 83| 1814 e Q O 167 7 7# 167 7 7
1815 702 0 0 423 16 8 1,125 16 8 || 1815 e C & 509 1 4: 509 1 4.
1816 852 0 0 380 17 8 1,232 17 8 || 1816 24 8 3 224 5 4 || 2:48 13 7
1817 816 0 0 291 9 11 1,107 9 11 || 1817 | e p & 343 17 0% 343 17 0
1818 972 0 0 381 7 11 1,353 7 11 || 1818 tº º tº 209 18 3} 209 18 3.
1819 774 () 0 412 0 1 | 1, 186 0 1 || 1819 tº gº º 233 15 4 233 15 4
1820 732 0 0 368 16 5 1,100 16 5 || 1820 27 1 0 384 2 9 411 3 9% I
1821 798 0 0 319 8 4 1,117 8 4 || 1821 | 53 18 9 272 2 3; 326 1 0
1822 864 0 0 248 11 10 | 1,112 11 10 || 1822 20 3 6 244 15 8 264 19 2
1823 837 0 0 232 7 5}| 1,069 7 54|| 1823 • Q & 437 10 9. 437 10 9}
1824 952 10 0 169 1 2 | 1,121 11 2 || 1824 © e. e. 546 12 10 ‘546 H2 J ()
1825 895 17 6 287 6 4 1, 183 3 10 || 1825 * @ º 448 3 11 448 3 1.1%
1826 882 6 11% 263 3 7 | 1,145 10 63| 1826 66 15 0 37] 12 2: 438 7
1827 371 7 64 55 I6 11 427 4 54|| 1827 tº º e 182 1 1 7 182 11 7%
1828 684 13 103 2 18 8 687 12 6, 1828 © tº º 119 11 8 119 11 83
1829 570 3 0} tº ſº º 570 3 0}|| 1829 © O' e 33] 16 2 331 16 2
1830 441 0 0 • * * 44.1 0 0 || 1830 tº o º 63 2 6 63 2 6
1831 477 0 () & e e 477 0 0 || 1831 tº º º 113 19 5 113 19 5
1832 648 0 0 | © º C, 648 0 0 || 1832 Q & © 233 12 9} 233 12 9
1833 108 0 0° tº gº & 108 0 0 || 1833 © e tº 213 13 0 213 13 0
23,072 6 11 || 10,333 16 6}| 33,406 3 s: 394 9 53 || 7,681 0 7 || 8,075 10 0
* One quarter of a year.
f. s. d.
Thus the amount received has been - 33,406 3 3%
The expenditure tº-3 * º ºf 8,075 10 0
Leaving a balance against the corporation of £25,320 13 3%
Remarks. 211. The corporation, however, allege that they are entitled to credit against this balance for
all sums expended by them during the same period upon any other objects of a public nature.
Having been called upon by the order of the House of Commons, already mentioned, to
make a return “ of the sums expended out of the monies received on account of murage or
pontage, in building, enlarging or ..º. bridges, or in sustaining and keeping in repair
the walls of the county of the town of Drogheda,”—
212. They made the following Return for each year since the year 1800: –


§
:
A RETURN of the Sum expended out of the Moneys received on Account of the Murage or Pontage in building, enlarging
County of the Town of Drogheda.
, or repairing Bridges, or sustaining and keeping in repair the Walls of the
w Sums expended in Sums expended in the Erection of Public Works, and keeping same in repair, rebuildi d keeping i tº * *
& tº tº & e j pair, rebuilding and keeping in repair
Year. sº . . º's º... g º º §§ j Quays, in assisting to lessen the expense . for public purposes, such as sº Observations.
e Bridge and Walls. “W reets and rublic upon the County Hospital, repairs of Roads, &c., temporary grants to relieve public distress. -
ays in repair, *. -
* Count General Public New Market Corporate Inci-
Road Making. Eºs. Expenses. House. dental Expenses. Total. -
£. s. d. £. s. d. f. s. d. £. s. d. £. s. d. £. s. d. £. s. d. - -
1801 No Expenditure, 137 2 5} e tº º 91 6 2% 182 4, 1 597 16 0 256 15 7 1,128 1 10% It has been considered that the object in view of the
1802 f27 3s. 0d. 73 4 10 59 0 3% 111 1 7; 37 13 7 526 7 6 1,627 9 4} 2,361 12 4% House of Commons, by their order for the return in
1803 £107 1s. 11d. 183 4 7 111 0 1% 85 2 5 74 10 1 607 2 6 1,258 0 24 2,135 15 4 this particular, would not be sufficiently complete if the
1804 No Expenditure. 156 14 0 g º º 1 12 14 10} 177 19 7 535 l 10% 1,607 19 0} 2,433 15 4} | information was confined to the mere Expenditure in
1805 £15 18s. 6d. 89 0 74 23 14 9 67 6 11 66 11 10} 371 10 0 1,346 10 9} 1,875.14 4 building, enlarging, and repairing the Bridge, and sus-
1806 No Expenditure. 235 lS 9 48 19 54 142 5 5 239 ll 74 5 0 0 74.1 19 4 l, 177 15 10 taining and keeping in repair the walls, which in com-
1807 Murage £17 1s. 3d. 143 3 2 32 15 0 126 18 2; 249 13 0} 187 5 11 2,097 19 7% 2,694 11 9} | parison to the sums received from 1801, on account of
5 3 Pontage £10 18s. 5d. • & © e e Q e e º & º ºs © e ſº © & © • e. e. customs and pontage, would appear very inconsider-
1808 , , £3 15s. 6d. 182 1 3} 15 13 10} 137 18 6% 139 7 0 57 13 0} 760 6 2 1,110 18 73 able, and the corporation are the more induced to ex-
1809 Murage £19 4s. 4%d. 207 11 5 18 15 8} . 116 16 6 196 13 0 16 14 2 2,471 17 3} 2,820 16 8 tend the information from the circumstance of the
1810 No Expenditure. 111 10 1 I 25 11 l; | 13 15 6 170 6 1 7 6 1% 2,811 19 9} 3,128, 18 7% charter, which grants the tolls and customs, also recog-
1811 Same. 208 13 113 53 2 0 136 0 6 222 l 4 5 9 12 10% 1,315 11 8 1,737 l 5% nising the expenditure of those funds, among others, in
1812 Same. * 140 3 7% 30 19 1% 52 19 () 123 16 0 5 0 0 1,070 15 2 1,283 9 3% the paving and keeping in repair the streets of the
1813 Same. * 158 18 11 8 17 0 138 4 2 527 14 13. 5 0 0 2,354 8. 2% 3,034 3 6 town; and the surplus of these funds has been uni-
1814 Same. 167 7 74 9 18 8 86 5 0} 158 4 3 5 0 0 890 15 7 1,150 3 l; formly expended, in conjunction with the funds deriv-
1815 Same. 509 1 4} 228 12 84 338 2 6} 559 18 11 5 0 0 2,548 8 0 3,680 2 2 able from the Corporation Estates, (after the deduc-
1816 #24 8s, 3d. 224 5 4 190 l l 3 is e e 533 18 0} 5 0 0 1,510 5 6 2,239 14 93 | tions therefrom for salaries to their officers, commission,
1817 No Expenditure. 343 17 0} 44l 15 7; 73 8 3 888 1 4% 5 0 0 1,204 13 3 2,612 18 6 and percentage on receipts, charitable grants, pensions,
1818 Same. 209 18 34 31 7 6 63 18 8 578 I 11 5 0 0 658 16 2 1,337 4 3 interest on debentures, and head-rents,) in the erection
1819 Same. 233 15 4 67 8 5 60 IS 3 365 3 8 5 0 0 945 6 7} 1,452 16 11% of public works, the general improvement of the town,
1820 £27 1s. 0d. 384 2 9} 20 0 () 3 8 3 259 8 0 5 0 0 812 - 16 8 1, 100 12 11 assisting county charges, which a limited district could
1821 £53 18s. 9d. 272 2 3} 65 19 4 ‘l 15 8 4 225 10 3 15 7 9} 603 17 8% 1,026 3 5 not sustain without severe pressure, and also in support
1822 #20 3s. 6d. 244 15 8% 52 9 8 35 0 0 455 7 4; 5 0 0 341 0 4 888 17 4} of police institutions, with which the inhabitants must
1823 No Expenditure. 437 10 9% 142 17 7% 6 15 0 518 3 4 55 19 10% 1,868 12 6% 2,592 8 4% otherwise be chargeable. , -
1824 Same. 546 12 10 33 17 10% 59 3 10 368 6 2 5 0 0 892 I 8 1,358 9 6;
1825 ... Same. 448 3 11% 11 16 6 55 16 11 5 15 0 0 30 13 3} 2,971 18 ll 3,585 5 7%
1826 £66 15s. 0d. 371 12 24 19 16 4 53 5 8 1,400 9 6} 128 5 1 451 15 2 2,053 l l 9%
1827 No Expenditure. 182 11 7} ſº tº gº 35 0 0 676 l 11 56 12 7 889 0 11% 1,656 15 6
1828 Same. 119 ll 84 * † tº 21 17 3 521 12 4% 4 12 3: 989 17 9} 1,535 19 8}
1829 Same. 331 16 2 © Q & 105 12 83 293 5 11: 5 8 3% 2,216 3 8 2,620 10 7%
1830 Same. 63 2 6 © º & 38 15 8 283 13 8 16 17 4; 644 l 2} 983 7 11%
1831 Same. 113 19 5 10 10 0 28 17 8 283 8 13 24 1 8 1, 191 18 2 1,538 15 7%
1832 Same. 233 12 9. tº ºn º & & ſº 233 13 11 4 12 3% 959 9 5} 1, 197 15 8
1833 £1. 213 13 0 6 g e 15 17 2 252 2 8 14 18 9% 689 3 7 972 12 2%
Certified for JOHN COOPER, Treasurer,
RALPH SMYTH, Acting Treasurer,
Certified by JOSEPH HOLMES,
Town Clerk, Drogheda,
$:
:
i

* -
COUNTY OF
THE TOWN
OF
DROGHEDA.
Other Purposes.
882 REPORTS FROM COMMISSIONERS ON
213. The expenditure upon the public roads, without the walls, appears to have been a very
legitimate extension of the application of these funds; and the expenses of the new market-
house, too, and such parts of the “ county expenses” and “general public expenses,” as were
applied to purposes of municipal utility, may, also, fairly be considered as reasonable
deviations from the letter of the trusts; but we can see no ground whatever for giving the
corporation credit, in such an account, for their “corporate incidental expenses,” and, taking
the most favourable view of the matter for them, they would still be brought in debtors to a
very considerable amount.
The want of a proper, application of the funds which the corporation have received from
those sources has been particularly complained of by the inhabitants, and has been, in a great
º the occasion of that opposition to the collection of tolls which we have already
noticed.
214. Grants of money have been made by the corporation for Purposes connected with
election politics.
Thus we find in 1832-3 a grant of £150 “to support the rights of the freemen,” which
appears by entries in the cash-book to have been paid as follows: Oct. 24, T. B. Hardman,
“grant to defray expenses of registry, £100;” and 1833, Jan. 30, T. B. Hardman, Esq.
“ accº. of Conservative grant, É50.” It is said the grant was so called, because the idea of
supporting the freemen originated with a political club in Dublin called “The Conservative
Society.” -
Mr. Hardman, an alderman of the corporation, was one of a committee appointed to
expend the money, and the principal manager of it; the disbursement had not been
accounted for at the time of our Inquiry. +
215. The nature of the disbursements “not incidental” will be best understood by the
following detail of the items of that class extracted from the treasurer's account for the year
ended at Easter 1833.
Extract from the Treasurer's Account of Disbursements, Easter 1832, to Easter 1833.
1832. £. s. d.
April 29. Parish cess, commencing at Easter 1831 . g ſº • , = ſe 0 1 4 0
2 p. Cash for a public weighing machine, per order of committee * > * > 3} | 0 0
July 26. Austin Nicholls, for putting up the public weighing machine * ſº 12 1 2
August 9. James Greene, swordbearer, three quarter year's compensation in lieu o
tolls © © e e e ſº & º e * & 15 0 0
14. Town clerk's account for stamps and fees, per order of committee & 21 12 8
5 § Catherine Sloane for relief tº © is e © * © º 2 0 0
Sept. 18. Paid for two forms for the Tholsel © e © e o gº 0 7 7
19. Paid representatives of Arth. Barlow principal sum due by debentures,
:6350 late currency . • º . . « » e e . 323 l 6
$ 2 Ditto ditto for interest due on same © e º Q * e 14 12 3%
Oct. 8. Paid for sweeping corporation chimneys . * • , e. dº t 0 1 0 5
39 Mrs. Barry for six surtout coats for town serjeants, per order ſº & 18 19 6
25 Peter Fegan for relief of E. Courtney and Geo. Bridges, per order o 7 0 0
92 Paid allowance to toll-farmer for tolls not collected, 12th May 1831 o 8 4 5}
2 3 Drogheda Journal for publishing a meeting about the new line of road 3 12 3
24. Paid cess for chief constable’s house, Stannage's, and hospitals . tº 0 13 4}
, 9 p. Paid for five tons of coals for mayoralty house te g te tº 3 l 6 8
2? To B. Hardman, being a grant to defray the expenses at registry ... I 00 0 0
95 Paid lamp cess for chief constable, and Stannage tº g e 1 0 0
Nov. 15. Cash for cleaning public privies e & * gº 0 12 0
* Cash advanced to paving committee * © e de © • 100 0 0
22 Town clerk's account for year's writings to Michaelmas last dº * 18 16 3}
Dec. 3. Cash to treasurer of paving committee © • tº * e e 50 0 0
29 H. B. Fairtlough for tithes of land, four years, ending 1st May 1832 . 21 17 3
1833.
Jan. 1. S. Stannage for cleaning gutters at market-house º * e e 0 7 9
95 Paid on account of grant for police establishment © & e . 110 0 0
11. Peter Fegan for 10 suits of clothes for officers, supplied at Michaelmas last 55 5 0
23 John Leland for 8% tons coals for Tholsel º • ge e e 8 19 2
3 ſº A. Nicholls for repairing roof of market-house, per orde º & sº 9 18 9
29 A. Nicholls for sundry repairs, and attending town pumps ge tº 29 16 10
9 x Joseph Kearns, surveyor, for Sundry maps and surveys per order tº 7 12 0
30. Thomas Ekins for glazing iº © ſe e tº •e o * 11 8 10
99 G. Evans, editor Drogheda Journal, for advertising propósals for
repair of bridge & tº wº © e © O ſº tº | 0 0
y? T. B. Hardman on account of Conservative grant * ſº o e 50 0 0
March 13. James Greene, half-year's allowance in compensation for loss of perqui-
sites to 27th October º tº e wº te te e Gº 10 0 0
32 George Bridges for relief, per order general assembly . o e & 5 0 0
99 Paid minister's money for chief constable's house, 29th September last . 1 7 8
April 8. James Greene, in lieu of perquisites, half-year's allowance, 27th April
instant tº te * tº º g dº e e & © 10 0 0
32 Paid for japanned case for maps, per order gº ſº º ..& 0. 5 4
py Paid Joseph Holmes, per order assembly, to indemnify magistrates for
proceedings against them in King's Bench . º º e ... 150 0 0
ſº Stamps for receipts and postage te g K. dº º © • & 5 15 9
99 One year's allowance for stationery Qe © • e e * > 2 15 4}
Total incidental disbursements © i.e. sº & $1,225 13 9%
Disbursements not incidental, comprising rents payable,
interest on bequest and bonds, salaries, pensions, and
grants for public purposes . e • . ſo 2,204 9 10+
Total disbursements gº {- e º te e $3,430 3 7%
MUNICIPAL CORPORATIONS IN IRELAND.
883 COUNTY OF
The payments of the disbursements, not incidental, are made by the treasurer without any
special order. The mayor, during his year of office, is authorized to made orders upon the
treasurer for payments not exceeding £5, for immediate necessary purposes. All other items
of expenditure require a special order of the assembly. The manner of ordering advances to
the paving committee has been already explained.
216. The corporation Accounts are made up annually, and presented to the assembly at
Easter; and it appears that in these accounts they have credit for all sums received by the
treasurer up to the day preceding that on which the account is settled; their rents accrued sub-
sequently to the May preceding are not included, but it is stated to be an invariable practice
with the corporation not to collect their rents until the expiration of half a year after they
become due, so that the account is made up before the treasurer has proceeded to collect in
the rents due at the last Michaelmas and November.
The corporation also are credited for the fines on renewals of leases during the year,
together with the produce of the tolls and customs, cranage, and Sundry items.
Schedules are annexed, of the salaries, of the grants and pensions, and of the rents payable
by the corporation, and also of the debts due by them upon debentures and the interest
There is also a full detail of the annual
disbursements, and a rental for the year annexed to the account.
2I7. The balance sheet is as follows:
The Corporation of Drogheda to JoHN Cooper, Esq., Treasurer.
thereon, and of the debts due to the corporation.
Dr.
1833, £. 6, d.
To arrears of rents outstand-
ing and due at Easter and
May 1832, ... . . . 1,107 4 8
To amount of disbursements
from Easter Assembly
1832 to Easter 1833, per
account . . . . . . 3,430 3 7%
£4,537 8 33
To balance due to Treasurer £73 17 04
Contra. Cr,
1833. £. s. d.
To balance due by Treasurer, as per ac-
count, submitted at Easter Assembly,
1832 . . . . . . . . . 12 1#.
By outstanding arrears due by tenants
at Easter and May 1831 . . 915 5 5}
By one year’s rent due and ending at
Easter and May 1832 . 2,836 4 l
By scavengery received from divers per-
sons at settings in October last . . 5 17 0
By cranage to July 1832 . £7 1 0
By ditto to October 1832 . 7 1 0
By ditto to January 1833 - 10 10 0
By ditto to April 1833 ... 10 10 0
ºsmºsºme ºss 35 2 0
By gate customs to July
1832 . . . . . 180 0 0
By ditto to October 1832 . 180 0 0
By ditto to January 1833 . 108 0 0
By ditto to April ... 108 () 0
— 576 0 0
By deposits of fines for land set, H. B.
Fairtlough . . Lot, No. 1 . 10 0 0
By ditto, same . . Lot, No. 5 . 3 0 0
By ditto, Wm. Fairtlough, Lot, No. 6 . , 35 0 0
By ditto, Henry Smith . Lot, No. 3 . 10 0 0
By ditto, same . Lot, No. 4 . 15 10 0
By half-year's rent due at Michaelmas,
1832, received from representatives of
Dr. Reed . . . . . . . . 6 19 7%
By cash received for an old fire engine
sold per order of G. Assembly . . 2 7 0
April 19th. By balance due to Treasurer * 73 17 0}
£4,537 8 33
The members of the assembly are furnished quarterly with the accounts of the treasurer.
The freemen or inhabitants have no access to them.
No instance of a freeman having
made an application to inspect them is recollected in the corporation, but he is not considered
to have any right, and the officers of the corporation stated that they would not permit it
without an order of assembly.
The accounts are not now printed.
We find from an entry in the corporation books, that
in 1793 it was ordered, “that the treasurer's accounts shall be printed annually, and a copy
distributed to each member of the assembly.”
The offices of the committee of accounts, and their secretary, have already been mentioned.
All the accounts of the corporation are first presented to, and are audited by them, before
they are forwarded to the general assembly, by whom the orders for payment are made.
It is said that objections to the accounts are frequently made in the assembly, and that the
amounts are reduced there.
218. The acting treasurer produced to us 16 Books of the Corporation Accounts. The first
(the earliest known) is a ledger, commencing in 1794, and ending at Easter 1814; and con-
taining the accounts of the individual debtors and creditors of the corporation as well as the cor-
poration account itself. The second book, commencing 15th January 1802, and ending 12th May
1815, contains an account of all the receipts and disbursements in that time, and concludes with
an audited account, finding a balance of £108 2s. 33d, due to the representatives of Alderman
Holmes, the treasurer, up to that period. The third is a former rental of the corporation
extracted from the White Parchment Book, with the names of the then tenants annexed. The
fourth is a corporation ledger, commencing in 1815, and ending at Easter 1832; and the
fifth a continuation of the ledger to the present time. The sixth is a rental book compiled
M. C. I.
10 P
THE TOWN
OF
DROGHEDA.
Accounts.
Books of Accounts.
COUNTY OF
884 REPORTS FROM COMMISSIONERS ON.,
THE TOWN
OF
DROGHEDA.
Charitable Funds.
Commons Fund.
from the former rental by the present acting treasurer. The seventh is a cash-book containing
all money transactions between the treasurer and the corporation from Michaelmas 1815 to
the present time.
The remaining nine books are accounts of the yearly receipts and disbursements of the
corporation made up to Easter annually from 1811 to the present time. Schedules of all
the disbursements of the year, and of the outstanding arrears of rent, up to Easter and May
of the previous year, with which the corporation are debited, are annexed to the accounts;
while they are credited with the whole year's rent due at the Easter and May of the last year,
and with arrears outstanding at the Easter and May two years previous; schedules of the
rental are also annexed.
219. It remains to us to observe upon the management of those portions of the income of
the corporation which have been allocated to the use of particular Charities. Those Funds
are denominated,
The Commons Funds.
The Estate of the Poor of St. John’s.
Colonel Bellew's Bequest.
Alderman Leigh's devise of Prior's Park.
Alderman Schoales's Bequest.
Dean Coxe's Rent Charge on Killineer.
220. The charity called the Commons Fund originated in a resolution of the corporation
in assembly, 12th January 1699, which was as follows:
“Whereas the land lying on the north side of the town of Drogheda, known by the name
of the Commons, containing by survey of the corporation lands, as also the
land lying on the south side of the town of Drogheda, known by the name of the Cowleys,
containing by the said survey , are the estate and inheritance of the sad
corporation of Drogheda, and therefore in the power of said corporation to set, let, and
dispose of the said lands as to them shall seem meet; and whereas the aforesaid lands on
both sides of the said town, as they are now, do lie waste, and yield no manner of advantage
to the corporation, and very few of the members of said corporation make any use of the
same, but the said lands are eaten up and made use of for the most part by strangers, and
idle bad people that come and sit down upon or near the said lands, and is only an
encouragement for thieves and ill people to come and hover about the town; for the redress
whereof, we, the mayor, aldermen, sheriffs, and common council, of the said corporation of
Drogheda in our general assembly have taken the same into our serious consideration, and
have resolved to set out the said lands to farm by public cant to the highest bidder (being a
good and responsible tenant); and we do further resolve that the rent of the said lands shall
be set apart, and shall not come into the treasury of the corporation, nor shall any part of
said rent be at any time employed for any use or concern for the corporation, but that the
said rent of the aforesaid lands shall for ever hereafter be wholly set apart and employed for
the relief of poor decayed members of this corporation, their widows and orphans, and such
other objects of charity as shall from time to time be allowed and thought fit by the mayor,
aldermen, sheriffs, and common council of the said corporation for the time being, in their
general assembly, and to no other persons, use, or purpose, whatsoever; and as we, the
mayor, aldermen, sheriffs, and common council, have done this without any sinister will or
design of profit or advantage to the corporation in general, or to any one of us in particular,
but that the said lands may be disposed of to the best advantage, to be applied to and for
the charitable uses and purposes aforesaid, so we do hereby leave it a charge upon our suc-
cessors and posterity in this corporation, that they, nor any of them, do not presume at any
time hereafter to set the said lands but to the use and rent as aforesaid; and that they do
not presume to intermeddle with, or dispose of any of the aforesaid lands or the rents thereof, to
any other use whatsoever than we have now religiously assigned them as aforesaid, as they
will avoid the just displeasure of Almighty God, and the judgment that may justly fall upon
them for the same; our true and just design, in taking in the said lands from lying common,
being sincerely to improve them and make them of more advantage to the charitable uses we
now design them for.”
From previous entries in the books of assembly it would appear that the poor inhabitants
of the town, generally, were considered entitled to the benefit of the commons; however,
immediately after the charter of William III. (in 1698,) the corporation thus commenced to
exercise an exclusive dominion over this part of the lands thereby granted and confirmed
to them.
With a view of preventing a misapplication of these rents, the corporation, by resolution of
11th October 1717, directed the foregoing act of assembly of 1698 to be engrossed on
parchment and signed with the corporation seal; one copy to be lodged amongst the corpo-
ration records, and one each to be given to the heads of each of the guilds then existing, to be
kept amongst their archives.
The distribution of this fund to exclusively Protestant objects commenced at a very early
period. On 17th April 1711, the corporation passed a vote of assembly, by which every
petition for relief from the commons fund was required to be accompanied with a certificate,
from the minister of the parish, of the petitioner having received the sacrament at least three
times in the year, and all the then pensioners on this fund were required to bring such
certificate to entitle them to payment.
On the 9th October 1719, a resolution was passed, that the north and south commons
so set apart for the relief of the poor decayed Protestant freemen (of the religion then by law
established) should be granted to the vicar of the parish of St. Peter's, Drogheda, and his
MUNICIPAL CORPORATIONS IN IRELAND. 885
COUNTY OF
successors, in trust to pay the rents thereof to such poor freemen, their widows and orphans;
and that the assembly should appoint a receiver over the lands, and the rents be paid to
such poor freemen, their widows and orphans, as the assembly should from time to time
think fit.
We do not find that this resolution was acted upon as to the making of the conveyance
contemplated in it.
221. The present rental of the commons amounts to £432 7s. Irish, or £399 1s. 10d.
present currency, annually.
Fines, amounting to two years' rent, are taken by the corporation, as already mentioned,
upon the renewal of the leases of these lands. Those fines are appropriated by the assembly to
the general purposes of the corporation, and the charity derives no advantage from them, nor
has any account of them been kept.
We find that, from 1724 to the present time, they have amounted to £1,080 17s. 2d.
By resolutions, dated the 14th July 1780, and 13th July 1781, the assembly determined
to build an almshouse, to be attached to this charity, out of the produce of the two years'
fines, and the fees to be received upon the admission of freemen by special favour; and
they directed that the fines received upon the leases should bear interest until so applied.
These resolutions have not been carried into effect.
The amount of fines received since the passing of those resolutions has been £864. 14s.,
which sum, with interest, appears to be a debt due to the charity by the corporation.
The rents are collected by a receiver appointed by the assembly. He receives and dis-
burses the income, retaining a poundage of five per cent. upon the sums collected.
Since the appointment of the present collector, in 1823, a statement of the condition of the
charity, and a report of deaths, or vacancies, since the last quarter day, has been required
at each quarter assembly.
The last collector was not called upon to furnish his accounts regularly. Upon his death,
in 1822, he was found to have been indebted to this charity in £108.
This fact having been reported to the corporation, a resolution was passed, referring the
late collector's accounts to a committee. The case was referred to the law agent of the
corporation, but no steps have been taken to recover the debt due by the deceased collector.
The late collector was a member of the assembly. In a few days after the reference upon,
his accounts, his widow and daughter were granted pensions, amounting to £30 a-year,
upon this fund.
The mode of admission is by petition to the assembly.
The number of applications is generally very great; for one vacancy upon the list, at the
time of our Inquiry, there were upwards of 40 petitions.
The amount of each pension varies at the discretion of the assembly; and when a larger
THE TOWN
OF
DROGHEDA.
Management of.
pension is granted than the funds will at the time allow, the difference is paid out of the cor-
poration funds.
Sometimes one pension is divided amongst two or more.
The payments are made half-yearly. In only one instance a Roman Catholic was admitted
as a pensioner.
222. PENSIONERs on THE COMMONS FUND.
£. s. d. £. s. d.
Joseph M'Cabe o Q wº o 9 4 7 || James Richardson 7 6 2
Rose, Ann, and Mary Tighe, spinsters 10 0 0 | Mary Tongue, widow tº e 5 0 0
Jane Donagh . e º º (e 4 4 0 | Ann Lee, widow e ge dº & 5 0 0
Mary Drummond, widow . e ve 9 4 7 || Ann Foster, widow . º e 9 4 7
Mary and Matilda Potter, spinsters . 14 0 0 | Elizabeth Brookes, widow . tº 3 || 3 || 0
Catherine Goodwin, widow º º 5 18 10 | Poor of St. John’s, furze of commons 7 7 9
Ann Harrison, widow º º º 3 13 10 || Lucy Allen, widow . ſº * . 13 l 6 11
Margaret Collins, spinster g wº 1 0 1 0 0 || Ann Lawson, widow tº g 5 1 0 9
Mary Daly, spinster o © . 1 0 1 0 0 || Jane Elliott, widow o º wº 7 0 ()
Amm and Charlotte Jolly, spinsters . 12 12 0 | Thomas Latimer . e * * & 9 4 7
Margaret Evans, widow . g º 5 0 0 | Elizabeth North, widow . º . 2 1 0 0
Mary Ann, Maria, Alexander, and John Rose Fisher, spinster g g . 27 13 1ſ)
Collins, orphans . e wº . 21 0 0 | Martha Sillery, widow e e . 1 0 1 0 ()
Sarah Ackland, spinster . º . 21 0 0 | Eliza Clarendon, widow . g ... 10 0 0
Hester Shaw . e & tº tº 5 0 0 || Jane Atkinson, widow tº e . 27 13 l ()
Kate Sloan, widow . & º tº 2 0 0 || Ann Wynne, widow º ... 10 0 ()
Alice and Mary Winslow, spinsters . 7 7 9 || Rose and Catherine Evans, spinsters . 15 14 ll
Jane Jones, widow . o * e 7 7 9 Ann Holmes, widow * we tº 7 7 9
Louisa Richardson, widow c * > 5 0 0 || Mary Holland, spinster . * ... 13 16 11
Ann Reilly, widow . & gº . 18 9 3 | Eliza Callahan, widow © * . . 5 0 0
George Bridges e gº 5 0 0
223. This fund has been distributed amongst the relatives of the corporators in proportions
generally varying in amount according to the interest of the applicant in the assembly, and
not to the actual want of the party.
Two pensions of £30 Irish remain annual charges upon the fund. In another instance a
person having a shop in the town has a pension of £10 a-year upon this charity.
The amount of pensions granted, in many instances, is considered too great, and the collector
recommended that no pension should exceed £10 a-year, which would insure support to a
greater number of individuals, and tend to prevent persons who have other means of
subsistence from being improperly placed upon the institution.
224. The inhabitants complain, and with much reason, that these funds have not only been
confined (with a single exception) exclusively to Protestants, but have been bestowed, not
upon the greatest objects of charity, but upon the relatives and dependants of members of
Remarks.
COUNTY OF
886 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Poor of St. John's.
Management of.
Remarks.
Bellew's Bequest.
Alderman Leigh's
Devise of Prior’s
Park,
Alderman
Schoales's Bequest,
Coxe's Charity.
the assembly; and that the amount of pensions granted has been excessive, and regulated
not by the poverty of the applicants, but by the influence of their friends in the assembly.
The appropriation of fines taken upon the leases of the lands belonging to this charity forms
another just ground of complaint.
225. The foundation of the charity of the Poor of St. John's is of so ancient a date, that
the records of the corporation do not afford any trace of its original institution.
The funds of a smaller charity, called “ St. Stephen's Charity,” apparently of equal
antiquity, were by resolution of the assembly in 1660 incorporated with those of the poor of
St. John's, and have since been similarly applied.
The families of decayed free members have (with two modern exceptions) been made the
exclusive objects of these charities for upwards of a century.
The annual funds arising from the charity estate amount to £232 18s. 4d.
In some cases the general property of the corporation and the estate of this charity have
been combined, and leases have been made, reserving one part of the rent to the corporation,
and the remainder to the proctors of St. John's.
226. Fines amounting to two years' rent are taken upon the granting of leases of this pro-
perty, as in the ease of the commons. These fines have been appropriated by the corpora-
tion to their own use, and no account has been kept of the amount.
In 1735, the poor-house was rebuilt at an expense of £322 5s. 3d. ; of which nearly two-
thirds were defrayed by the corporation, probably in consideration of the fines theretofore taken.
The fines from the year 1735, exclusively of interest, have amounted to £510 8s. 6d.
In 1816, 1817, the corporation expended £1,521 12s. 1d. in rebuilding the poor-house as
an equivalent for the fines received. *
A sum of £8 (Irish) a-year is paid to this charity from the commons fund as compensation
for the right of taking furze off the commons, to which the poor of St. John's were entitled
before the commons were enclosed. The sums hereinafter mentioned, arising from Colonel
Bellew's bequest, Alderman Leigh's devise, and Alderman Schoales's bequest, are also given
in aid to this charity.
The rents are collected by the receiver of the “Commons Fund.” He has no percentage
or salary from this charity for collection, and hands the amount over to the proctors, who
distribute the funds.
The proctors' duty is to keep an account of receipts and disbursements, and to pay to the
inmates of the institution their pensions, and to make at each quarter assembly a return of
any vacancies amongst the inmates which may have occurred from the last quarter day.
The inmates are paid once every fortnight; and in case of a death occurring in the interval
between two quarter days, the proctor is debited with the pension from the death up to the
time of filling the vacancy.
The proctors are liable to be called upon at each quarter day to pass their accounts and
have them audited; but, in practice, this has not been attended to.
From 1784 to 1817, the proctors’ account was not audited at all; nor from the latter
period, when the present acting proctor was appointed, up to the time of our Inquiry. Indeed,
his books merely contained entries of receipts and disbursements, without any one page having
been even summed up during that period. There appeared, however, by them to be a balance
in his favour of £17 1s. 146. at the time of our Inquiry.
The mode of admisssion is by petition to the assembly, and vacancies are filled up by ballot.
The number of poor women at present supported by this institution is 24. In 1675 the
number was the same, and does not appear to have varied from the earliest mention of the
charity. The fund is equally divided amongst them, with the exception of £4 extra given
to ome person, who warns the tenants. One of the mumber is a Roman Catholic.
227. The sectarian distribution of this charity by the corporation has given much dissatis-
faction. -
The total absence of all check upon the accounts of the charity is extremely reprehensible,
and would seem to arise from the proctors being always members of the assembly.
228. A sum of £100 was left in 16—, by Colonel Bellew, to the corporation, in trust, to divide
the interest, £6 per annum, among the poor of St. John's almshouse, upon Valentine's
Day. This direction is accordingly complied with, the interest being paid by the treasurer
of the corporation to the objects of the charity.
229. Alderman Leigh being seised in fee of the lands of Prior's Park, situate at Killineer,
and containing four acres, devised the same to the corporation in trust, that they should set the
same at the best rent to a solvent tenant in possession, to be applied for ever to such poor
housekeepers, resident in Drogheda, in such proportions as the said corporation should
appoint; and in failure of such application, the said devise to cease and be void, and go
under the trusts of the will of said testator.
This bequest is appropriated in aid of the maintenance and support of the widows of St.
John’s poor-house, and now produces £13 13s. annually, under a lease for 21 years from 29th
September 1824. -
230. The late Alderman George Schoales bequeathed an annual sum of £77s. 8d. in trust
for the poor of Drogheda. This sum is paid yearly by his representative, and appropriated to
the support of the widows of St. John's poor-house.
231. By deed bearing date 3d September 1716, the Rev. Dr. Coxe, dean of Ferns, and vicar
of St. Peter's, purchased from the corporation of Drogheda arent charge of £20 per annum, pay-
able out of the lands of Killineer, in the parish of St. Peter, and county of the town of Drogheda.
MUNICIPAL CORPORATIONS IN IRELAND. 887 COUNTY OF
e THE Town
This rent charge he bequeathed to the mayor, recorder, and justices of the peace, or the onoše A
major part of them, in trust that they should, from time to time, for ever thereafter, lay out #HEDA.
and dispose of said yearly sum towards putting and placing out the son and sons of freemen,
members of the church of Ireland as by law established, and who should be freemen of the
corporation of Drogheda, and inhabitants within the liberties thereof for two years, at the
least, next before their death, or before the time of placing out such sons apprentices to such
trades, callings, and employments, and to such masters, being members of the said church of
Ireland, as the said justices, or the major part of them, should think fit; and for and towards
the buying and providing such clothes and apparel for such sons so to be put out, as in such
cases is usual.
This fund appears to be applied according to the trusts of the bequest.
232. The Population of the entire county of the town, according to the census of 1821, §rars of the
amounted to 18,118. According to the census of 1831, to 17,365. Town.
Part of the . Population.
Parish of Parish of Parish of Total.
St. Mary. St. Peter. Ballymakenny.
Males - º gº • • - gº 2,141 5,851 186 | 8,178
Females - * • *- tº sº sº dº 2,295 6,715 177 9,187
Total - - || 4,486 | 12,566 363 17365
Families employed chiefly in agriculture - 127 255 36 4.18
92 in trade, manufacture, or handicraft 524 1,370 22 1,916
32 not comprised in the two preceding t
classes - , - &= -> mº 377 1,067 6 1,450.
Total * , an 1,028 2,692 64 3,784
Houses inhabited se <- tºº - -: 853 2,289 64 3,206
, uninhabited - º tº o º - 38 91 2 13]
, building º - - - wº 7 27 *- 0 34
Total g- & e 898 2,407 - 66 3,371
The remainder of the parish of Ballymakenny is in the barony of Ferrard, and county of
Louth; the entire parish contains 563 inhabitants.
233. Previously to the accession of James II., the corporation of Drogheda appears to Remarks.
have been constituted without any sectarian distinction. -
In common with the far greater number of the then existing corporations in Ireland, its
franchises were seized into the hands of the Crown by a process of quo warranto out of the
Exchequer. A new charter was granted, and the members of the corporation so constituted
were almost exclusively Roman Catholics. During the short period for which they retained
this ascendency, reversionary leases were granted to some of the principal members at rents
apparently much below the real or prospective value of the premises thus demised. How-
ever, upon the accession of William III, their power was at an end, and a reaction took place,
sanctioned by the Government and spirit of the times, which eventually gave the ascendency
to the Protestant party in the corporation, and they, by the operation of the penal laws
against Roman Catholics, were soon enabled to constitute it an exclusively Protestant body.
Successful attempts were immediately after made to monopolize the property and political
influence of the corporation. The recorder was directed to use every means to break the leases
which Roman Catholics then held under the corporation.
Bye-laws were passed forbidding the extension of “the freeman's right” of renewal to
Roman Catholics, and they were also made ineligible to become tenants to any property
belonging to the corporation. Other bye-laws were passed, which debarred that class of the
inhabitants from deriving any aid, when in distress, from the charitable funds at the disposal
of the corporation, although these appear, as in the poor of St. John's, to have been originally
founded by members of the Roman Catholic persuasion, and in the “commons' fund” to have
been originally the property of all. t
We find that during the whole of the last century this exclusive principle has been
rigidly adhered to, and except in the setting of charitable lands, and in the admission of five
or six Roman Catholics to the freedom of the corporation, and of two upon the poor's funds,
there has been in this century, up to the month of April preceding our Inquiry, no relaxation
* a rigorous adhesion to the exclusive principles which governed the corporation in the
aSt. f
The corporation openly profess their governing principle to be, that of “ promoting Pro-
testantism and encouraging Protestant settlers within the county of the town.” In accordance
with this feeling, the corporation have at all times been active in opposing the claims of their
Roman Catholic fellow-subjects to an equality of civil privileges. +
We find that resolutions of the assembly have been passed, to admit non-resident freemen
of similar principles in “batches,” for the purpose of bearing down the influence of the free-
holders and other electors, who were independent of the corporation, and the execution of
these resolutions seems only to have been suspended for the purpose of achieving the same
object in detail.
The funds of the corporation, also, have been applied in opposing the claims of inhabit-
COUNTY OF
888 REPORTS FROM COMMISSIONERS ON
THE TOWN
OF
DROGHEDA.
Documents.
ants, not free, to the elective franchise, and in supporting the claims of those who were their
political partisans. -
234. Very great dissatisfaction is felt at the mode in which the corporation have conducted
the lettings of their property, the consequent depreciation of the rentals of their estates, and the
appropriation amongst themselves of a large income, (between £10,000 and £12,000 a-year,)
which is considered to be applicable to the municipal wants of the incorporated district.
The members of the corporation themselves admit that the property, if now let in the usual
manner between landlord and tenant, would produce over £12,000 per annum.
In the interval between our two visits to the town, some respectable inhabitants, who felt
an interest in our Inquiry, had taken the trouble of making an estimate of the present value
of the property of the corporation, from an inspection of the different premises, and from the
particulars comprised in the rental of the corporation.
The result is stated as follows: £. s. d.
2,110 acres of land, estimated at an annual value of 73s. Irish, per acre;
this estimate being taken from an average of the rents of the com-
mons' lands, from 1779 to 1824, and of the Manninore lands in 1771,
the lettings of which were public * : * - - tº - 7,109 1 6%
819 houses, warehouses, and cabins, estimated at an annual value of 7,628 0 0
Total present estimated annual value - - - £14,737 I 6%
Total present actual rental - gº gº ſº gºs 3,265 6 2%
Difference gº º tº - £11,471 15 4
An estimate has also been made of the value of the interests derived under the corporation
by particular families who have acquired considerable influence in the assembly, and usually
occupy the principal offices in the corporation. The following table comprises a list of those
families, with a description of the property held by them; fines paid on renewals of leases;
rents now payable to the corporation, and present value of the premises.

Houses. - Fines. Rents. | Present Value.
A. R. P. 36. s. d. £. s. d. £. s. d.
Smith's . . . . . . . . . . . . . I31 474 O 29 7,390 9 11 5 18 17 11 3,279 5 9
Tandy's . . . . . . . . . . tº º º 25 31 2 6; 353 1 1 57 4 () 263 15 8
Chesshire's . . . . . . . . . . 2 l 4] 1 32% 359 18 8 74 17 2% 375 12 6
Leland's . . . . . . . . . . . . 106 63 0 4 || 2,502 17 5 225 10 6}| 1,367 5 0
Holmes's . . . . . . . © tº e e 22 208 3 30 1,790 0 3 195 0 6 1, 156 10 6
Sandiford's . . . . . . . . & © 96 25 2 7 490 1 1 0 51 4 9 414 18 0
Balfour's . . . . . . . . . . . . ... 331 l 20 | 1,318 9 0 65 II 6 903 14 6
Gibbon's . . . . . . . . . . . . 23 17 | 35 357 11 2 57 10 7 338 0 0
Donagh's. . . . . . . . . . . . 3 46 l 27 549 5 7 15 14 6 225 9 6
Fairtlough's . . . . . . . tº ſº 54 188 2 0 || 2,844 10 l 477 5 11 1,469 5 0
Fowe's . . . . . . . . . . . . . 18 18 3 12 154 7 8 37 3 9 218 2 O
Hardman's . . . . . . . . . . 20 79 0 3 | 1,009 5 2 89 || 3 530 8 0
Rodger's . . . . . . . . . . . . 56 29 3 24 1,757 7 5 192 8 6 546 11 6
13 Families. 575 |l,556 0 30 20,877 14 5 |2,057 10 11 11,088 17 1
Under such circumstances, we cannot feel surprised at the jealousy towards the cor-
poration which we found existing in the minds of the great majority of the inhabit-
ants; this feeling had been previously displayed in the opposition to the collection of
tolls, and led to those unseemly conflicts between the inhabitants and the magistrates, to
which we have already adverted; it further led to open charges of partiality in decision,
and to a total distrust in their administration of justice upon subjects connected with the cor-
poration, and even extended itself unfortunately, in many instances, to subjects in which
corporate interests were not involved. -
235. We send with this Report copies of the following Documents:
Return made to the House of Commons pursuant to order of 8th February 1833.
Return made to the House of Commons pursuant to order of 13th July 1833.
. Treasurer's Account for year ending Easter 1833.
. Memorial of Inhabitants for Additional Justices.
Conviction in Fairtlough v. Poe.
Presentments made at the Summer and Spring Assizes for the County of the
Town of Drogheda, 1830.
WILLIAM ELLIOT HUDSON, } Commissione.
MATTHEW RICHARD SAUSSE, 07/07/07SS1,076.1°S,
Inquiry held 5th to 16th September and 29th and 30th October 1833.
i
MUNICIPAL CORPORATIONS IN IRELAN D. 889
R. E. P. O. R. T
ON
T H E B O R O U G H OF TX U N D A LIK,
M. C. I. 10 Q
890 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs e ę * & © e tº e 891.
CHARTERS º gº o © g cº º tº 891
Books of Proceedings . te * & o 892
CoRPorAtE BoDY . * > tº º * ſº e 892;
Style . & • s ſº º gº ſº 892
Classes & º o º Q Q 892
Officers e te tº º d Q de 893
IElection and Qualification of
Bailiff . tº ſe º * & ſº 893
Deputy Bailiff gº tº tº © º 893
Burgesses . . wº * te o e 893
Freemen Q o ſº º º & 893.
Select Body . tº tº q º & 894
Recorder & . . . tº • e 894
Town Clerk . tº & * * > Ç 894
Town Serjeants te e © tº * 894
Functions and Emoluments of
Bailiff . © tº e & & * 894
Burgesses e e º gº & * 895
Freemen º s & gº * > * > 895.
Recorder tº { . º © gº e 895
Town Clerk . . tº & © tº tº 895
Town Serjeants e e 895
JURISDICTION ©r e e e tº . e º 895
Borough Court . sº * tº º ſº 895
Assizes © . e. & * > tº e © 896
Quarter Sessions . tº • • e © 896.
Bailiff's Court and Petty Sessions . & * 896
Prisons º * * & e & gº º 896.
The Black Hole o © o Q © 896
~ County Gaol . © e Q e tº 896
MUNICIPAL REGULATIONs . • o & º © 896
Police tº º * > e º wº o 896.
Watching, Lighting, and Cleansing . o {º 896
Officers and Salaries © º º © 896
Assessment . º ſº i.e © 896
Receipts e ty e tº Ç o 896
Disbursements ſº © tº ſº wº 897
Accounts • te o © Ap © 897
Endowed School . º * tº º e 897
Charter School e te º tº © e 897
Erasmus Smith’s School te o e © 897
Harbour e º © tº o tº g 897
Harbour Master ſº ſº o gº g 897
Harbour Dues ſº * tº e ſº 897
Embankments © © gº gº & 898
Quayage e º te © º Q 898
Quays . o º g © tº • 898
FAIRs and MARKETs e e Qº g te & 898
Tolls and Customs o ſº • - gº 898
Ancient Schedule . º e tº © 900
Modern Schedule . & ë * * > 900
Cranage & • e e g sº e 902
The General Weighmaster Q © © 902
Slaughter-house Crane . dº g & 902
Weighmaster of Butter . º e tº 902
Clerk of the Market gº e , 9 • . 903
Market Juries w e g e º tº 903
Corporate PROPERTY º Q • • * > º 903
Commons tº tº º º * gº 903
Down Survey . * o * * 903
Lord Dungannon's Patent, 1667 • gº 903
King's Letters of 1672 . © & e 903
Charter of 1673 © e Q © g
Entries in Corporation Books, 1719 and 1725 904
Remarks O © & o © ſº 905
Heynestowne, Dromgooter, and Stonehouse & 905.
Guildhall e © º © o tº e 905
Shambles . ſº º & e * > © 905
Income, Expenditure, and Accounts º ſº 906
STATE of THE Town º © © • © te 906
Population . & gº º © * * 906
Remarks º e & & “ © * > sº 906
* © © 907
Documents sent . {e Q
MUNICIPAL CORPORATIONS IN IRELAND. 89.1
LOUTH.
BOROUGH OF DUNDALK.
DUNDALK,
1. DUNDALK is the chief town of the county of Louth, and is situate in the parish of LIMITs.
Dundalk and barony of Upper Dundalk.
The precise Limits of the district incorporated are not recited in the charters. We
endeavoured, by the examination of old inhabitants, to trace them; they appear to have
included a district extending in every direction round the town, as built upon. By the
special verdict found in the case of The King v. Page, hereinafter mentioned, (summer assizes
1789,) it was found that the borough “extended upwards of a mile beyond the town on the
north and south sides of the borough.” - -
A boundary altogether new, but for the purpose of elections for Members to serve in
Parliament only, has been appointed by the Boundary Act, 2, 3 Will. IV. c. 89.
The Act 9 Geo. IV. c. 82, for paving, lighting, &c., has, since the passing of the Boundary
Act, been brought into operation in Dundalk; and it appears it was not necessary for the
Commissioners, in any case, to extend the boundary for municipal purposes, beyond the
Parliamentary limits. -
2. In the case of The King v. Page, it was pleaded that a corporation had existed in Dundalk
“ from the time whereof the memory of man is not to the contrary,” and the jury found it to
be a borough by Prescription. .
A Writ bearing date 1st May, 17 Edw. III. A. D. 1343, (Rot. Claus. 17, 18 Edw. III.
a. 44,) was directed to the provost and bailiffs of the town of Dundalk, commanding them to
proclaim that mone, save merchants and their servants, should quit Ireland without the King's
special mandate, &c.
An entry on the rolls in Birmingham Tower, (Rot. Plac. 24 Edward III. m. 3, No. 209,)
states that it was agreed that the provosts, bailiffs, and commonalty, of the town of Dundalk,
should have murage and pavage of things for sale coming to the said town, so that themoneys
thence arising should be expended on the enclosing and paving of the town, and not elsewhere;
and the Chancellor was commanded to cause letters patent of the King to be made for the
same to last for six years.
Richard II. by Charter, the date whereof is not preserved, (enrolled Rot. Mem.
8, 9 Henry VIII. a. 68., Rot. Pat. 7 Jac. I. p. 3, m. S, and 2 Car. I. p. 3, m, 7, d.) confirmed
to the burgesses of Dundalk, that the town of Dundalk should be a free borough for ever;
the burgesses to have a guild merchant, with house, and other liberties pertaining to such
guild; no one not of the guild to be a merchant unless with the consent of the burgesses.
He granted them to have sok, sak, toll, theam, and infangthef, to be free from toll, lastage,
passage, pontage, and tallage, through all the King's dominions; to be tried for murder only
within the franchises; to be free from duel on any appeal; to clear themselves from pleas of
the Crown according to the custom of Dublin; no one to hold a lodging there by force, or
by licence of the marshal; to hold their lands, tenures, securities, and debts, within the town
according to the custom of the borough, or of Dublin; to plead in Dundalk for all debts
contracted there; to have free ingress and egress to the port of Dundalk with their merchan-
dise; to hold a hundred at Dundalk once every fortnight; that no burgess should be fined in
the hundred beyond 12d.; to elect whomsoever they pleased provosts annually; the common
council of the borough to elect two of the more lawful and discreet men of the borough, in
the presence of the King's justices when they came to Dundalk to hold, the assizes and to
keep the pleas of the Crown, and to see that the provosts do justice to rich and poor; that no
©ne take anything of them by loan, or by force, without the consent of the burgesses; to
have their fishing in the water of Dundalk as theretofore; that no foreigner should sell
wine or cloth by retail, nor export provisions without the consent of the burgesses; to bestow
in marriage their daughters and widows according to their own pleasure; that the King's
justices, bailiffs, or officers, should not act in the town; to elect a seneschal from among
themselves who should see that the provost, and other bailiffs of the town, do justice to the
poor as well as the rich; that no foreign merchant should remain, in the town more than 40
days; that no burgess be compelled to replevin unless with his own consent; that no burgess
answer within the borough for any plea, unless for writ of right, for any tenements within
the franchises; that no merchandise be prevented from being brought into the town; that
prise of wine be not taken except for that brought for sale; that if a burgess be attached
beyond the franchises, the semeschal and burgesses are to hold their court on him, and to
administer justice as any lord of Ireland holds his court over his own men. Also to hold an
annual fair for 15 days from the Monday next after the feast of Philip and James.
A grant for 10 years to Philip Kylbery of those 10 annual marks which the bailiffs and
burgesses of the town of Dundalk were bound to pay to the King, is on record, dated
16th January, 13th Henry IV. A. D. 1411, (Rot. Pat. 13 Henry IV. a. 34.)
Henry IV. by charter dated 24th June, 13 Henry IV. A. D. 1412, (Rot. Pat. 13 Hen. IV.
a. 37, and 2 Car. I. p. 3, m, 7, d.) granted customs on a list of articles specified in the grant
for murage, to continue for 18 years.
M. C. T. - 10 R.
CHARTERs.
Prescription.
Writ of *
17 Edward III.
Fiant of
24 Edward III.
Charter of
Richard II.
Henry IV,
LouTH.
892 REPORTS FROM COMMISSIONERS ON
DUNDALK.
Henry V.
Henry VI.
Statute of
Henry VI.
Charter of
Edward IV.
7 Henry VIII.
27 Henry VIII.
* New Rules.”
Charter of
Charles II.
James II.
Books of Proceed-
ings, &c.
CoRPoRATE BoDY.
Style.
Classes.
There is also on the same roll (2 Car. I.) an exemplification by Henry V. (27th January,
3 Hen. V. A. D. 1415,) of the grant of customs of 13 Hen. IV. (see also Mem. 4 Hen. V.
m. 25,) and an inspeximus of it by Henry VI. (20th November, 7. Hen. VI. A.D. 1424,) and
extension thereof, first for a term of 24 years, and afterwards (7th March, 24 Hen. VI. A. D.
1445,) for a further term of 30 years.
A Statute was enacted in this reign (R. Stat. 36 Hem. VI. c. 24,) providing that two men
be sent from every plough land in the county, to aid in carrying the sea-water round the
town to protect it from the Irish, on penalty for non-attendance of 4d. per day for each
Iſla Il. -
We find also, on the same roll, an inspeximus by Edward IV. (5th November, 5 Edw. IV.
A. D. 1465,) of the grant of liberties of Richard II, and of the grants of customs of
Henry IV. W. and VI., and confirmation thereof by authority of a Parliament at Trym and
Dublin, held by Thomas Earl of Desmond, Lord Deputy, 5 Edward IV. And again an
inspeximus and confirmation by Henry VIII. (16 June, 7 Henry VIII. A. D. jºi. of
the charter of liberties of Richard II. and of the grants of customs by Henry IV. V. and VI.,
and of the confirmation of them by Edward IV.
A grant to the bailiffs, burgesses, and commons of Dundalk, was made 14th December,
27 Henry VIII. A. D. 1535, (Rot. Pat. 25, 27 Hen. VIII. m. 17.) of the offices of customer
and collector of the customs and subsidies within the port and creeks of Dundalk, by land
and sea; also the custody of the seal of the cocket, and the office of searcher, to hold for 12
years, at the same rent at which Thomas Stewnys held it. -
The corporation of Dundalk is specially mentioned in the “New Rules” of 25 Charles II.
A. D. 1672, and the persons elected to serve in the offices of chief magistrate, recorder, and
town clerk, must be approved of under them by the Lord Lieutenant and Privy Council of
Ireland.
The governing Charter was granted by Charles II. ; it bears date the 4th March, 26 Car. II.
A. D. 1674, and is enrolled (Rot. Pat. 26 Car. II. No. 52.) -
This charter recites that “the towne and borough of Dundalke, in our county of Louth, in
our kingdome of Ireland, is an antient borough or towne, and the bayliffes, burgesses, and
commonalty of ye said towne and borough have heretofore had, used, and enjoyed, divers
liberties, franchises, immunities, and priviledges, as well by virtue of ye charter of our royall
predecessor King Henry the Eighth, and severall other charters to them and their predecessors
heretofore granted and confirmed by several of our noble progenitors, Kings and Queens of
England, as also by reason of several prescripcions, customes, usages, in ye said borrough
and towne time out of minde used and enjoyed.”
A subsequent charter was made 17th February, 4 Jac. II. A. D. 1687, (enrolled Rot. Pat.
4 Jac. II. p. 2, Rot. 12, d.) which recited that the town was an ancient towne and borough,
and that the bailiffs, burgesses, and commonalty, had used divers franchises, liberties, and
privilidges, and to be a body politique and corporate by the name of “Bayliffe, Burgesses,
and Commonaltie of the said towne and borrough of Dundalke,” all which franchises,
liberties, and priviledges, by judgments of his Court of Exchequer in Ireland, had been
seized into the King's hands. Those judgments having been held void, this charter has been
wholly inoperative.
3. Five Books containing entries of the Corporation Proceedings were produced before us;
the first containing entries from 1692 to 1735; the second commencing in 1760, from
which time the entries in these books are continuous, except for an interval from 1778 to
1783. - - -
There is also extant a book containing entries of the proceedings, in that interval, of those
persons who, in conjunction with Mr. Thomas Read, were, in the case of The King v. Page,
(2 Ridgeway's Cases in Parliament, p. 445,) adjudged to have usurped the corporate
franchises.
Several bye-laws appear from time to time on the face of the proceedings; some of these
we shall refer to under subsequent heads.
One of the bye-laws of the 26th October 1707 affected to impose quarterage, not exceeding
2s. 6d. Sterling quarterly, on traders in the borough; enacting, that no person, not being a
freeman of the corporation, should drive any trade within the same, unless upon market days,
without first agreeing with the bailiff for the quarterage.
Rules have also, from time to time, (28th October 1798, 1st May 1810, &c.) been made
for the cleansing of the streets, and prevention of nuisances, and especially for the regulation
of carmen, &c. These latter even went to institute certain rates of carriage, and to enact
penalties on porters and carmen who should demand or receive more, or refuse to take a
fare, or to work in regular turn, or make wilful or unnecessary delay, &c.
Several rolls of the swearing in of members and officers of the corporation from 1782 are
preserved, and a book of accounts commencing in 1819, but none of an earlier date.
The documents of the corporation are kept partly in the office of the Earl of Roden’s land
agent, for the time being, in Dundalk, and partly by his law agent in Dublin.
4. The Title of the Corporation, by the governing charter of Charles II., is, “ The Bailiff,
Burgesses, and Commonalty, of the Borough of Dundalk, in the County of Louth, in the
Kingdom of Ireland.”
5. The Corporation consists of,
A Bailiff.
Sixteen Burgesses, and
Freemen.
The number of freemen, according to the construction put upon the charter of Charles II.
MUNICIPAL CORPORATIONS IN IRELAND. 893
LouTH.
in the case of The King v. Page, is thereby confined “ to the number which existed at the
time of the grant.” But what that number was, is not known, nor are the members of the
corporation aware that they are governed by any such rule. y
The present number of freemen is computed to be 23. This includes 19 persons admitted
under peculiar circumstances on the 29th of June 1832, and another in like manner on the
30th September 1833; these 20 had put forward claims to freedom by birth, descent, &c.;
one of the remaining three was admitted 29th June 1833; so that but two of the existing
freemen were freemen when the Reform Bill was introduced.
There were at that time seven freemen, but five of those have since been elected burgesses
in the room of so many burgesses who, being non-residents, resigned.
There is not now any select body. -
6. The following Officers are named in the charter, viz.:
s Deputy Bailiff.
Recorder.
Town Clerk, or Common Clerk.
And there are, not named in the charter,
Two Town Serjeants.
7. The charter of Charles II. grants, that the bailiff, burgesses, and commonalty, or the
major part of them, whereof the bailiff for the time being shall be one, shall assemble yearly
on the 29th of June, (and if it be Sunday on the day after,) to choose the Bailiff, to hold
for the year ensuing from the 29th of September following and until another of the burgesses
be duly elected and sworn into the office of bailiff. It seems to be considered that the
freemen are not entitled to vote at the election of bailiff, but we find no ground for their
exclusion. He is always chosen, as the charter directs, from among the burgesses; and
under the “New Rules” he must be approved of by the Lord Lieutenant and Privy Council.
8. If the bailiff be disabled by sickness, or otherwise, or if for reasonable cause, by leave of
the major part of the burgesses, he go or travel out of the borough, then he may appoint one
of the burgesses to be Deputy Bailiff during his sickness, disability, or absence, and the
deputy is empowered to do all things appertaining to the office of bailiff as fully as the bailiff
himself could.
The usual practice has been to have two persons elected successively to the office of bailiff
in º years. One person was deputy bailiff for a series of 20 years, from 1807
to 1827. ‘.
9. The Burgesses are eligible, as they are also removable for reasonable cause, by the bailiff,
burgesses, and commonalty, or the major part of them, whereof the bailiff for the time being
shall be one. They hold for life, subject to removal, as above mentioned. The charter
requires that they shall be chosen out of the commonalty.
10. The charter of Charles II. directed “That all and every person and persons which now
are Freemen of the said borough, or that hereafter shall be made free, and admitted into
the libertie thereof, bee and shall bee reputed and called the commonaltie of the said
borough.”
In ; subsequent clause the charter proceeded as follows: “And further wee will, and by
these presents for us, our heires, and successors, doe grant unto the aforesaid bayliffe,
burgesses, and commonaltie of the said borough, and their successors, that the bayliffe,
burgesses, and commonaltie of the said borough for the time being, or the major part of
them, whereof the bailiffe of the said borough for the time being to bee alwaies one, shall and
hereby have full power and authority from time to time, upon any just, lawful, and reasonable
cause and consideracion, to expell, remove, displace, and disfranchise, any of the members,
DUNDALK.
Officers.
Election and
Qualification of
Bailiff.
Deputy Bailiff.
Burgesses.
Freemen.
officers, or comonaltie of the said borough for the time being; and also that the aforesaid
bayliffs, burgesses, and comonaltie of the said borough for the time being, or the major
part of them, whereof the bayliffe of the said borough for the time being wee will to bee
always one, shall and may have full power and authority, from time to time, to nominate, elect,
admitt, make, and enfranchise, any person or persons willing thereunto, to bee of the said
comonaltie, or a member, or officer or officers, of the said borough, in the place or places of
him or them soe as aforesaid expelled, removed, or disfranchised, and also in the place and
places of any deceased member, officer or officers, or other person or persons, that shall bee
of the comomaltie of the said borough for the time being. And we will that such person or
persons, soe as aforesaid to be nominated, elected, admitted, and enfranchised in the place
or places of him or them soe as aforesaid expelled, removed, disfranchised, or deceased, shall
be and bee reputed for the comonaltie of the said borough as aforesaid, which said person
and persons, soe as aforesaid from tyme to tyme to bee nominated, elected, made, and
enfranchised of the comomaltie of the said borough, shall and may have, hold, and enjoy, by
force and vertue of these presents, all the priviledges, franchises, and advantages, of the said
borough, fully, freely, and absolutely to him and his successors for ever, unless he or they
shall aſterwards bee expelled, removed, or disfranchised, in manner and forme aforesaid.”
The charter contained also a confirmation to the corporation, amongst other things, of all
and all manner, and such and the same liberties, franchises, free customs, immunities, usages,
&c. &c. as had been used or enjoyed by the bailiffs, burgesses, and commonalty, in or upon
the 22d October 1641, by force of any former patents, right, title, usage, prescription, &c.
The construction of these clauses came in question in the case of The King v. Page, already
referred to, which was brought before the House of Lords, in Ireland, upon a writ of error,
in the year 1792. - -
The jury there found, by special verdict, that this was a borough by prescription, “ and
I.O.U.TH:
894 REPORTS FROM COMMISSIONERS ON
DUNDALK,
Select Body.
Recorder.
Town Clerk,
Town Serjeants.
Functions and
Emoluments of
Bailiff.
that it hath been the usage in the said borough for the bailiffs, burgesses, and commonalty, to
elect and admit persons, without limitation in number, to be of the commonalty of said
borough, and to make such elections upon bye-days, and that it hath not been used in the
said:corporation to make such election in the place of freemen deceased or disfranchised.”
Notwithstanding this finding of the usage, (which, in some cases, has been taken, as the
key to the construction of the words of a charter which are in any degree doubtful,) Lord
Chancellor Clare, and the House of Lords, determined, that, “ by the charter, the com-
monalty are to consist of the then existing freemen, and of such persons as should thereafter
be elected in the manner prescribed by the charter, which authorizes the bailiff and com-
monalty to meet and elect freemen in the place only of such as might die or be disfranchised;
so that, by the charter, the number of freemen is expressly confined to the number which
existed at the time of the grant; and thus, that the corporation, having accepted a charter
empowering the body thereafter to elect persons in the room of such members as should die
or be disfranchised, could not elect any persons except there were vacancies by such events.”
But this decision, though it established a construction, of the charter, effected no change in
the practice of the corporation, save in ousting the individuals whose admissions were
questioned. It never has, since the decision, been the practice to admit one freeman “into
the place of another deceased, or removed,” &c., nor has it been considered that the number of
freemen is limited. .
The whole of the provisions of the charter as to admissions, as well as the decision upon
its construction, have become, in fact, mere matter of form and theory, for the Earls of Roden,
and those from whom they have derived, as will appear hereinafter, have from a remote
period attained a complete ascendancy in the corporation, and, as “patrons,” direct all its
movements, and control all admissions and elections.
The charter of Charles II. possibly was framed with a view to lead to such a result; but
whatever may have been the intention, the object was effectually accomplished and secured
by the judgment in The King v. Page.
Viewing the charter as interpreted by that decision, we conceive it went to annihilate all
common law rights to freedom ; and no notice of such claims appears until the Reform Act,
2, 3 Will. IV. c. 88, s.9, limited the elective franchise (as respects members admitted since
the 30th March 1831) to those who should be admitted “ by reason of birth, marriage, of
Service, or of any statute;” shortly after the passing of which, an attempt was made, in the
corporation, to create a number of votes grounded on the supposed existence of such rights.
The parties did not limit themselves to admitting the sons of freemen: “ grandsons,” and
others, were admitted, as entitled by “ descent;" in one case the party was admitted by right
of descent from his “maternal grandfather.” Stamp duties of only £1 were affixed on
each admission, as if there had been an actual right. Twenty new members were in this way
introduced. *
But all these factitious claims were rejected at the registry sessions, and the rejections were
confirmed by the judge of assize on appeal.
The “New Rules” of 25 Charles [I. for the admission of strangers who are merchants,
traders, artisans, seamen, &c. settling in the borough, do not appear to have been taken
advantage of at Dundalk.
No Roman Catholics have been admitted into this corporation at any time since 1793, when
the penal laws preventing their admission were relaxed. Until the passing of the Reform
Act, the corporation was composed exclusively of Protestants of the Established Church. Some
of the members introduced since the passing of that measure, as above stated, have been
Protestant dissenters.
11. We do not find any Select Body now subsisting in this corporation for the purposes of
general management. In the proceedings, however, we find that at an assembly of the bailiff,
recorder, burgesses, and commonalty, on the 26th of October 1707, it was enacted, “ that
it was highly necessary that 12 men out of the freemen of this corporation be elected and
chosen to be joined with the burgesses of the same, who are to be deemed and taken for a
common council of this corporation,” and 12 persons were then named accordingly; and it
was further enacted that any four of the burgesses, and any six of the foregoing freemen,
together with the bailiff and recorder, should be deemed an assembly, and have power to
make bye-laws, &c., and that the assembly should be held once every quarter.
This bye-law not being acted upon, we are to presume, either, that it was subsequently
repealed, or else that it failed from some defect in its institution One defect seems apparent,
in the attempt to commit the power to four burgesses, not a majority of a constituent portion
of that definite class of the corporation; and the same objection would apply as to the freemen,
if we consider them as consisting of a definite number greater than. 24.
12. The Recorder is eligible and removable, and holds in like manner as the burgesses. It is
nºt necessary to choose him out of any class of the corporation. .
It is directed that he be an “honest, discreet, and learned man in the laws of our said
kingdom of Ireland.” The present recorder is a barrister.
13. The Town Clerk or common clerk is eligible and removable, and holds in like manner.
It is not necessary to choose him out of any class of the corporation.
14. The Town Serjeants have, in practice, been appointed by and hold at the will of the bai-
liff or deputy bailiff, but the power is, by right, in the whole body of the corporation.
15. The Bailiff is the returning officer of the borough. - *
He (or his deputy) is a necessary component part of every corporate meeting.
He (or his deputy) and the recorder were constituted by the charter the judges of the
Borough Court of Record therein mentioned, but not now held.
MUNICIPAL CORPORATIONS IN IRELAND. 895
LOUTH.
He is appointed by the charter coroner within the borough, its liberties, and precincts.
He is by the charter a justice of the peace within the borough, its liberties, and precincts,
and sits as such every morning, holding what is usually termed “ the Bailiff's Court.” He
also sits weekly, on Thursdays, at the petty sessions. - .
He is also by the charter clerk of the market, weights, and measures, and seal-master
within the borough. -
He has no salary, nor any emolument, except a fee of 10s. 6d., which, formerly at least, -
was demanded upon affixing the town seal, a fee elsewhere taken by the town clerk. -
16. The Burgesses have few peculiar duties or privileges distinct from the general body of
corporators. -1 -
Their assent is necessary to the leave of absence, &c., of the bailiff, to enable him to appoint
a deputy.
The bailiff and deputy bailiff must be selected from them.
The Acts relative to the butter trade in Ireland vested the power of appointing a weigh-
master of butter in the bailiff and burgesses, a power which they have exercised.
17. The powers and privileges of the Freemen, in common with all the other members of
the corporation, are as follows:
1st. The power of disposing of the corporate property. - -
2d. The power of making bye-laws “as well for the good rule and government of the
borough, the liberties and precincts thereof, as also for appointing the manner in which the
bailiff, burgesses, and commonalty, and all other the officers and ministers of the borough,
shall demean themselves in their respective offices, as also for the better preserving, governing,
disposing, placing, setting and letting of all or any lands, &c. which by the charter or other-
wise have been granted them, as also for the better ordering, &c. of all things touching or
concerning the estate, right, or interest of the borough, &c.,” with reasonable penalties to the
use of the corporation.
3d. The powers of electing the bailiff and burgesses, the recorder, town clerk, and other
officers, and admitting freemen, and also of removing them for misbehaviour. We have
stated the common supposition that the burgesses alone can vote upon the election of the
bailiff.
4th. They were considered exempt from toll, whilst tolls were collected in the borough;
a bye-law, dated the 20th October 1707, enacted that no persons, though made free, not
inhabitants of the corporation or its liberties, should be exempt from paying toll or custom
for any goods or merchandise bought or sold within the market of the corporation, except the
recorder or burgesses. -
5th. The children of freemen are considered entitled to be admitted as day scholars to an
endowed school for teaching the Latin and English languages at a rate of two guineas per
3.IIIll!Iſl.
1S. The Recorder was constituted by the charter, as already mentioned, with the bailiff, a
judge of the Borough Court of Record.
He is also, by the charter, a justice of the peace within the borough, its liberties and
precincts.
He, as well as the bailiff, is made a necessary party to an assembly for the purpose of
making bye-laws. -
But, in point of fact, this officer performs no duty whatever; he is a non-resident, holding
also the office of recorder of Dublin.
He has no salary nor any emolument as recorder of Dundalk.
19. The Town Clerk or common clerk performs the duty of attending all corporate meetings,
and of entering the proceedings and resolutions of the corporation.
For this, (and it seems he has no other corporate duty,) he has a salary of £20 Irish
currency per annum.
He is in receipt of fees under the Acts respecting pawnbrokers.
Although the legal fees amount but to £1 4s. 7d. (£1 6s. 8d. Irish,) yet the pawnbrokers
have been in the habit of paying him sums of £3 and even £5 10s. exclusive of the stamp
duties on the bonds of the pawnbrokers and their sureties. The town clerk states that such
amount is not exacted by him, but the bonds are passed to the town clerk, a circumstance
which may account for the pawnbrokers imposing this voluntary charge on themselves.
The town clerk has not the custody of the corporation muniments or seal; they are at
times nominally in the custody of the bailiff or deputy bailiff, but in reality in the custody of
Lord Roden, by whose land agents, acting always as treasurers to the corporation, they are
kept in a place called “the office,” in a house belonging to Lord Roden, and used for trans-
acting his business.
20. The salaries of the Town Serjeants have been £10 to each; they are said to have no other
corporate emoluments, nor any duties but those of obeying the bailiff's orders respecting the
preservation of cleanliness and order in the town, attending his court, and serving and
executing process issued by him as justice of the peace within the borough. From the services
of summons, and shares of penalties, they derive some small emoluments.
21. The corporation do not exercise any exclusive Jurisdiction.
22. The Borough Court of Record mentioned in the charter, of which the bailiff (or his
deputy), and the recorder are made the judges, was to be held weekly, on Thursdays, with
jurisdiction in personal actions arising within the borough to the extent of £50, and with
powers of attachment of goods, and arrest of the body. • \
It would seem that a court had been held here before the charter, for it is granted “in a
ample manner and forme as hath beene done, used, and accustomed, or might or ought to
DUNDALK.
Burgesses.
Freemem.
Recorder.
Town Clerk.
Town Serjeants.
JURISDICTION.
Borough Court.
LOUTH.
REPORTS FROM COMMISSIONERS ON
896
DUNDALK,
Assizes.
Quarter Sessions.
Bailiff's Court.
Petty Sessions.
Prisons.
The Black Hole.
County Gaol.
MUNICIPAL
REGULATIONs.
Police.
Watching, Light-
ing, and Cleansing.
Officers and
Salaries.
have beene done, used, and accustomed, in any Court of Record, now or at any time heretofore
holden or kept within the said borough of Dundalk,” &c.
... We have not been able to trace by evidence the exact period of the discontinuance of this
court. An attachment, appearing to have issued in the year 1779, was shown us, and we
presume the court was, at that date, in operation. &
The want of a local court, with the power of attachment of goods, is complained of by the
inhabitants; in a sea-port where strangers resort, and may so easily, after contracting debts,
leave the town without payment of their debts, some such process is certainly desirable.
There is not any manor court with jurisdiction extending into the borough.
23. Dundalk is the assizes town for the county of Louth, and the Assizes are held here twice
in the year. -
24. The Quarter Sessions of the peace are also held at Dundalk twice in the year, and the
assistant barrister for the county then sits here for the division of Dundalk, and administers
the jurisdiction by civil bill given him by statute.
25. The bailiffs usually hold the commission of the peace for the county; the charter
constitutes them justices of the peace for the borough. The bailiff sits as a justice of the
peace every morning; hence the Justices’ Court is generally called “the Bailiff's Court.” The
deputy bailiff is not by the charter a justice of the peace, but the deputy bailiffs having
also usually held the commission of the peace for the county, they, also, have held their court
as the “ Bailiff's Court.” -
A nightly watch having been established under the Act of 9 Geo. IV. c. 82, which (s. 48)
authorizes the watchmen to apprehend offenders and detain them till morning, and then to
carry them before a justice of the peace for the borough, &c., to be dealt with according to
law, it has become extremely important that a resident magistrate should give, as is here
done, daily attendance to his magisterial duty.
The county petty sessions are j on Thursday in each week.
26. Besides the general county Gaol, which is situate in the town, there is a place of confine-
ment called the “Black Hole,” which seems to have been long under the direction of the
corporate chief magistrate, and is now used as a watch-house. It does not seem to be legally
constituted as a prison under the sanction required by the 7 Geo. IV. c. 74, s. 4, &c.
27. Several complaints were brought before us relative to the treatment of persons committed
to the County Gaol, upon charges made within the borough, or for further examination; and
though much was offered in explanation, and something in contradiction of the evidence of
the complaimants, yet there seems to have been ground of complaint.
28. A party of the county constabulary are stationed in the town; there are no corporate
Police, save the town serjeants.
29. The Act of the 9 Geo. IV. c. 82, for Lighting, Cleansing, and Watching, was brought into
operation here in all its branches at a meeting of the inhabitants held in February 1832, when
15 commissioners were elected.
We send herewith copies of the accounts of the commissioners for the two years ended
31st July 1833; in the first year (or rather portion of a year) little was done, beyond paying
the expenses of outfit and some expenditure on the foot-ways and pumps; in the second year
watchmen were employed; the lighting has not as yet been commenced.
30. The following is the scale of Salaries and allowances to the Officers for the year ended 31st
July 1833:
t f'. s. d.
Salary of Clerk Eº -> tºp {- 40 0 0
Treasurer - cº- - - 15 0 0
Inspector - - º - 25 0 (0
Collector's fees at 6d. in the pound - J 8 18 5
Serjeant of the watch - º *- 26 9 6
The particulars of the Assessment and of the Receipts and Disbursements were as follows:
THE AssessMENT.

Year ended Total Applotted.| Uncollected Number of Houses, &c.
Arrears. Assessed.
43. s. d. £. s. d,
31st July 1832. 314 16 6 3 2 0 929
, , 1833 787 I 2 || 30 4 3 923
Houses.
In 1832 there were, paying £1 and upwards - sº - - 75
In 1833 gº - - gº - gº º -: º – 277
Of the latter there were, paying £5 and upwards º º º 18
One paying £18 5s.
RECEIPTs.
Years ended By Assessment. By Fines By Manure Sold. Total.
£. s. d. 39. s. d. £. s. d. 38. s. d.
31st July 1832. 311 14 6 1 7 6 º Q & 313 2 0
, , 1833 . 756 16 11 3 7 6 9 10 O 'Y69 14 3

MUNICIPAL CORPORATIONS IN IRELAND. 897
. LOUTH.
DisBURSEMENTs.
Salaries and Allow- Night Watch,
ances, including for not including
Year ended the first year £50 to Works. Serjeant's Salary, Sundries, Total.
Valuator, and £25 to £26 9s. 6d.
a Surveyor.
#. s. d. £. s. d. £. s. d. £. s. d. £. s. d.
31st July 1832 . 117 3 10 44 5 7 e tº e 21 O 5 182 9 10 |
3 3 1833 . 125 7 11 382 13 6 230 4 5 14 14 0 752 18 10 |
31. At the time we visited Dundalk the Accounts had not been made out, but since then the
whole assessments and accounts for the two years have been printed and published in a very
satisfactory form, and copies have been furnished to us.
The treasurer failed some time since with upwards of £100 in his hands; but his sureties
are said to be sufficient.
The principal streets are repaired, as county roads, by presentments of the grand juries at
the assizes. -
32. A School exists here with an Endowment of £50 per annum, paid by the Earl of Roden
to the master, for teaching the English and Latin tongues. The foundation of it took place
under remarkable circumstances connected with the property of the corporation, which are
hereinafter detailed.
Though the grant of the endowment was made to the corporation, and, by the proceedings
of 29th June 1785, they appear as the parties bringing an ejectment for recovery of the
school-house concerns, the Earl of Roden (and not the corporation) has been in the habit of
appointing the master. In the proceedings of the 19th March 1767, there is an entry that at
an assembly, &c., a person was by the special nomination of the Earl of Clanbrassil appointed
schoolmaster of the Latin school of said corporation, and was entitled to the salary, &c.
It is said that the sons of freemen are entitled to be received here as day scholars, and
taught the Latin and French languages, paying at the rate of two guineas per annum only;
we were unable to trace any instruments or records relative to this establishment, other than
those which appear in the history of the property of the corporation.
The corporation have, at times, expended money upon the repairs of the school-house.
The right of the sons of freemen is admitted by the master, but has not been taken
advantage of -
33. A Charter School, under the Incorporated Society, was established in Dundalk. It appears
from the accounts of the society, published in the Reports of the Commissioners for auditing
Public Accounts in Ireland, that the expenses of this school amounted,
f. s. d.
In the year ended 5th January 1828, to - gº Gº 1,382 7 11%
3.2 53 1829 * = gº sº I,103 7 7
53 55 1830 º sº gº 993 0 5%
55 5 y 1831 - tº: * . 778 15 7
5 3 1832 wº º sº 610 18 6%
. Mr. D'Alton has informed us that, in 1726, the Honourable Mrs. Ann Hamilton built a
charity school in Dundalk, and endowed it with the lands of Killinchy, in the county of Down,
and that Mrs. Hamilton's trustees assigned over this endowment to augment the Charter
School Establishment at Dundalk. The rental of “The Killinchy Estate” appears from the
society's accounts for the year ended 5th January 1832 to have amounted to £332 10s. 11d.
per annum. It appears to be subject to a chief rent of £242s. 6d. per annum.
34. The Parliamentary Returns of 1833 state that two English Schools (one for males, and
the other for females,) have been established here under the 10 Geo. I. (Priv.) c. 1, by the
governors of the schools founded by Erasmus Smith ; the master having a salary of £20
and a gratuity of £10 yearly, the mistress a salary of £12 and gratuity of £6 yearly, and
the number of scholars being as follows:
Males, Protestants - 52 Roman Catholics - 191 Total - 243
Females 35 - 36 3 5 - 199 Total - 235
35. The corporation formerly collected “tolls on goods landed at the port,” and sea custom
outwards,” but did not directly charge the shipping of the port.
36. The late Earl of Roden, however, assumed the right of appointing a Harbour-master.
37. This harbour-master charges tonnage on foreign vessels (in which class he includes all
except vessels belonging to the port and coasters), viz. 1; d. per ton on the registered tonnage.
He charges vessels belonging to the port, coasters, &c. by the rig. But no certain standard
for these rates appears to exist.
He also levies anchorage, which, he says, is not charged upon vessels coming to discharge
cargoes, nor on fishing boats, or coasters under 35 tons, but upon vessels wind-bound, as follows:
s. d.
35 to 50 tons - º tº-e 1 0
50 to 70 tons sº gº- ſº | 6
70 to 100 tons - * -º gºe 2 6
100 tons and upwards - tº- 3 6
He says he is bound by his grant of office to maintain buoys and perches out of his dues;
but the persons connected with the shipping of the port complain that the harbour is almost
utterly neglected.
M. C. I. 10 S
DUNDALK.

Accounts.
Endowed Schºol.
Charter School.
Erasmus Smith's
Schools.
Harbour.
Harbour-master.
Harbour Dues.
LOUTH.
898 - REPORTs FROM COMMISSIONERS ON
DUNDALK,
Embankments.
Quayage.
Quays,
FAIRs and
MARKETs.
Tolls and Customs.
Three buoys, at the least, are requisite, yet not more than one or two have been maintained.
There are some perches in the river, but neither sufficient in number, nor regularly
maintained. -
Some of the resident merchants resisted these charges in 1826; in 1828 legal proceedings
were threatened, on Lord Roden's part, for the non-payment of the dues, but they have not
been instituted, and the merchants have continued the resistance; the charges, however, are
still levied from strangers resorting to the port. g
We do not find, on any of the documents we have inspected, any evidence of title of the
Earls of Roden, either to the franchise of the port, or to the property of the soil of the port.
38. But, it appears, they have assumed the right of enclosing land from the sea. Lord
Limerick is supposed to have added to his acquisitions in this way by the execution of a
work called “The Rampart,” and, not many years ago, Lord Roden enclosed a further
portion, consisting of ground lying close to the town. There are still two large tracts, one
along the river, and the other along the sea-shore, containing, we were informed, many
hundred acres, capable of being reclaimed. This is considered in the town a matter of
importance, and the outlay of capital in reclaiming the ground would, it is thought, be amply
secured by the value of the improvement, and the money necessary to effect it could be raised
by subscription, if legal powers for carrying on the works were provided. A claim to the
soil, we were inform d, has been made on the part of the Crown. -
The port has been gradually rising into importance, and a board of harbour commissioners,
appointed under proper regulations, seems much needed.
39. Several quays have been erected near the town, and Quayage is charged by the
respective owners or tenants.
The rates of charge on all appear to be the same, viz.:
Black cattle - º º º sº wº * 2d. a head.
(N. B. In a return made to Parliament 1st June 1833, this was stated at 4d. a head.)
Sheep and pigs - * - sº * * * isº , a *g 1d. a head.
Horses - gº º wº sº * * ſº º tº 4d. a head.
All merchandise imported or exported gº º ºss 2d. per ton weight.
40. The present Quays are five in number, and all held under Lord Roden; four of them,
viz. (those held (1) by J. Chambers and Co., (2) by William Hall, (3) by J. Martin, (4) by
J. Duffy,) have been recently erected. The other (5), lately in the possession of J. Robinson
and afterwards of Godby, appears to be an ancient quay, and is called “the Old Custom
IHouse Quay.” This quay is let by Lord Roden (under whom Robinson held it at £25
a-year) as his private property. - --
It is stated in an entry in the corporation proceedings of 1719, that Lord Limerick (then
about to receive a transfer of the corporate estates), having the good and welfare of the said
corporation very much at heart, had resolved, for the encouragement of the borough and the
trade thereof, “to erect and build a quay at his own expense for the better and more easily
loading and unloading of shipping,” and the thanks of the corporation were tendered to him
“ for such his bounty and favours.”
The Parliament of Ireland, in 1767, (7 Geo. III. c. 1, s. 7,) granted “ the sum of £2,000
to Thomas Read, Esq., bailiff of the town of Dundalk, James Fortescue, Stephen Sipthorp,
Robert Waller, and David Latouche, Esqrs., or any three of them, to be by them expended in
erecting a quay and making a basin in the harbour of Dundalk, pursuant to a plan laid
before the House of Commons, to be accounted for to Parliament.”
The public have not at present the advantage of any quay erected either by Lord Limerick,
or under the Parliamentary grant. -
41. We have found some very early grants of Markets and Fairs to be held at Dundalk.
There are three charters enrolled upon the plea roll in Birmingham Tower. The first is a
grant and confirmation by John Earl of Morteyn, Lord of Ireland, to Bertram de Verdun
and his heirs, of four cantreds of land in Uriel, and half a cantred in Luna towards the
sea, to hold in all liberties and free customs, with “sik & Soch, toll & teem, & infangthef,
& judo aque,” with “all other liberties,” &c. By the second, Henry III. granted and con-
firmed to Nicholas de Verdoum, that he and his heirs might have one fair at his manor of
Dundalk to last for eight days, viz. in the eve and day and morrow of St. Martin, and five
days following, with “all liberties, &c.” The third bears date the 15th September,
12 Edward I., and thereby the King granted and confirmed to Theobald de Verdun one market
weekly, on Mondays, at his manor of Dundalk in the county of Luna, and a fair there every
year for 15 days, viz. on the eve, day, and morrow of St. Martin, and 12 days following
(together with several fairs and markets at other places), to hold with “all liberties and free
customs to such markets and fairs pertaining.” This grant is also recorded in the Chancery,
Rot. Antiquiss. art. 9.
Richard II. by his charter granted and confirmed to the burgesses of Dundalk that they and
their heirs for ever should have one fair in the borough every year, to last for 15 days, from
the Monday after the feast of the Apostles Philip and James, and 14 days following, and
he willed that they should have and hold “all the liberties and quittances aforesaid, together
with all liberties and free customs (consuetudina) and acquittances above mentioned as aforesaid.”
42. The charter of Henry IV., whereby Customs for enclosing the town with a wall and for
repairing and paving were granted for a term of years, contained a schedule of the customs
so given to the corporation. The subsequent charters continued that grant, until Edward IV.
granted to the bailiffs and commonalty, (after setting forth all their preceding charters,}
in these terms, viz. “ that they, all the aforesaid franchises, liberties, privileges, customs,
(consuetudin') free gifts, and customs (custuſii) may have, hold, and enjoy freely and quietly,
MUNICIPAL CORPORATIONS IN IRELAND. 899
LOUTH,
without any interruption or claim, molestation or grievance, of us, our heirs, successors,
officers, or ministers whomsoever, in future, in the aforesaid letters patent, and each of them,
accordingly for ever; (in futur' in fºd’ tris paten’ & eag cuilt concordit' imppm.)” This
charter further granted to the corporation power and authority to do all things to the office
of clerk of the market duly pertaining, saving the right and title of Richard Bellew, of
Roche, Esq., and any other whomsoever, in all things.
Articles of agreement bearing date the 27th May, 24 Charles II. (A. D. 1672,) and con-
cluded by arbitration between the bailiffs of Dundalk and Sir John Bellew of Castletoune, are
enrolled, (Rot. Pat. 24 Car. II. p. 2. m. 13) and state, that it appearedproveable by matter
of record and ancient writings that Sir John Bellew's ancestors were seised of the manor of
Dundalk, and of the privileges of fairs and markets there, and of the toll and customs
therewith granted or accustomably taken as incident to said fairs and markets before the
incorporation of the said town by any royal charter then known of; and that since the incor-
poration, the corporation had received by sundry royal charters a royal grant of customs and
duties of all goods vendible in said town, and of all merchandises imported and exported for
the immuring of the town and support of the town and corporation; that debates had arisen
between the predecessors of the bailiffs, and of Sir John Bellew, touching their respective
interests therein, which sometimes had been accommodated by award, but so uncertainly as
to be inconclusive at future times; and that, therefore, after questions arose, not so much in
point of right as to ascertain the dues belonging to each, which, after the incorporation, were
so involved, that lying in permancy, they could not be taken severally, and in kind, without
invading on each other's rights; whereom it was agreed upon, some years before 1641, that Sir
John Bellew's ancestor and his heirs should have one-third and the corporation two-thirds of
the customs and toll in said town, as appeared by evidence on a late trial relative to Sir John
Bellew's right to said third, wherein Sir John obtained a verdict. But as Sir John Bellew
did not in that suit declare a third of the customs to belong to him, debates had still con-
tinued touching the right and touching the arrears since Sir John Bellew's restoration to his
estate by the late settlement, to settle which both parties submitted the case to arbitration;
therefore the award, in order to put a final end to all differences, was made as follows:
1st. The bailiffs, burgesses, and commons confirm to Sir John Bellew one full third of all
duties of toll and customs that shall be taken and arise at any time and upon any account
whatever within the town and franchises that now or shall hereafter belong to either or both
the parties, to hold to Sir John Bellew and his heirs and assigns for ever.
2d. Sir John Bellew confirms to the bailiffs, &c. two full thirds of all duties, (&c. as above,)
and in consideration of 10s. to him paid releases them of all arrearages.
This document is preceded on the roll by the copy of a bond from the corporation to
Sir John Bellew, for £1,000, to abide by the decision of the arbitrators, dated 22d April,
24 Car. II, and a deed containing the award made and signed by the arbitrators, dated 27th
April, 24 Car. II.
The charter of the 26 Charles II., which confirmed the ancient rights of the corporation,
contained, among others, the expressions, that the King did thereby “give, grant, restore,
ratify, and confirm” to them all, and all manner, and such and the same liberties, franchises,
free customs, &c. faires, marketts, courts of pye poudre, &c. wharfes, keys, customes, tolls,
piccage, stallage, passage, pavage, &c. duties, rights, and hereditaments lawfully had, held,
and received, possessed, or enjoyed by them, in or upon the 22d October 1641, by force and
virtue of any former charters or letters patent, or of any lawful right, title, or acquisition,
purchase, usage, custom, or prescription, or other lawful means whatsoever, although they or
any of them had been abused, disused, or discontinued. :
From some accounts of the corporation, as between them and their treasurers, for five years,
from 1755 to 1759, it appears that they were then in the receipt of only “two-thirds of the
customs,” amounting in 1755 and 1756 to £169 11s. 8d., and in the remaining years to
£172 13s. 4d. yearly. -
The entries in the books of the corporation down to 1819 do not show that any person, to
that time, was in the enjoyment of any portion of the tolls and customs as tenant in common
with the corporation. The annual lettings appear to have increased considerably; in 1784
they were at £350; in 1785, at £400; in 1801, at £530; 1802, at £630. In 1804 we
find them at £610; in 1819 at £600. In that year, and subsequently, we find the name
of the Earl of Roden introduced as a joint proprietor; thus under date of the 29th September
1819, it is stated, “The tolls and customs payable to the corporation and the Earl of Roden
were set up and sold by auction for one year to commence from this day.” Again, 11th
November 1820, “The Earl of Roden having proposed to the corporation to demise to
them his share of the tolls and customs payable in the town of Dundalk for the term of one
year from the 29th day of September last, at the rent of £10, resolved, that it is the opinion
of this meeting that the said proposal should be accepted,” and accordingly the deputy bailiff
is ordered to accept the demise and affix the seal of the corporation to the necessary deed;
and a deed of that date appears to have been executed. -
Seven persons only were present at the meeting where this was done, viz. the deputy bailiff,
two burgesses, (Lord Roden himself, and his uncle the Honourable J. Jocelyn,) and four
freemen, including the town clerk.
It does not appear for what “share” of the tolls this deed, amounting to an acknowledg-
ment by the corporation of title in Lord Roden, was sought ; the tolls at that time were
usually let for about £600 a-year, and the reservation for this share was but ºf 10.
The present town clerk, who has been a freeman of the corporation since 1810, and town
clerk since 1826, stated that he had never heard of those entries, nor even of Lord Roden's
claim to a share of the tolls, until the entries were read to him by us.
M. C. I. 10 T
DUNDALK.
LOUTH. 900
REPORTS FROM COMMISSIONERS ON
DUNDALK,
relation to the schedule granted by the charters.
We were furnished with a printed schedule of the tolls and customs, which bears little or no
The following is the Schedule of Customable Articles in the Patent dated 24th June, 13 Henry IV. (Rot.
Pat. 2 Car. I. p. 3, m. 7, d.)
De qualt liba zinzibes venal’ tº
De qualt liba croci venal’ tº º
pipis venal’ - gº
2.5 de galyngale venal’
5.5 de clowys venal’ gº
2.5 de maces quybybis &
55 greyn deparys venal'
De oimod’ al geñib3 spier’ valor'
duodecim demar’venal’ wº-
De cent’ libris cere venal’ º º
De cent” libr’ de almaundes & de
rys venal’ * - tº gº gº
De quait fraill de fyges & rasynes
venal’ iº sº º tº wº
De cent libr' de alym venal’ gº
De cent” libris seminis porrivenal’
De duodecim libr' de oymenet venal’
De quait libra cerici venal’ - *g
De quott capite sindonis venal’ sº
De cent’ ulmis de camevace venal’ -
De quoit bolt de alshm venal’ gº
De quait pecia de carde venal’ * * *
De quoit challon' seu alio coopterio
lecti venal’ g- sº wº tº
De duodecim capellis de faltro venal’
De quait pecia panni de legys venal’
De quait pecia panni Anglici integro
venal’ - tº *-º tº e tºº
De duodecim ulnis panni Anglici
venal’ sº tºº *sº - *
De quait pecia panni Hibnici conti-
menti duodecim ulmas venal’ sº
De quait pecia panmi linei Hibnici
continente duodecim ulnas venal’
De cent' peciis ferri venal' - -
De quait benda ferri venal' - tº
De quoit seerro de slabbes venal’ -
De cent' petris ferri de Hispania
venal’ tº tº º * tºº
De quait lintia stagni venal’ - sº
De quoit [futinello] plumbi - •º
T)e cent libr’ de scroff venal’ tºº
De oiñod av de pise valor' duodecim
demar' venal’ - º tºº *
De quait milliari clavog de spykinges
venal’ 4- sº sº º cº
De duodecim sherres venal’ - tº
De quoit fraello de Batrie venal’ -
De quoit magno caudron venal’ -
De quait sella fººtii quing solid'
venal’ - tº e g-º tº sº
un’ obul’.
un” demar’.
un’ quadrant’.
un’ obul’.
un' obul’.
un' obul’.
un’ quadrant’.
quatuor demar’.
duos denar'.
un’ obul’.
duos denar'.
duos demar’.
un' demar’.
duos denar'.
un demar'.
duos demar'.
un’ obul’.
un' denar".
un' obul’.
un' obul’.
un’ denar'.
quatuor demar'.
duos demar'.
un’ demar'.
un' obul’.
duos demar'.
un’ obul’.
un’ demar'.
quatuor demar’.
º 2
un' denar'.
un' obul’.
un’ demar'.
un’ quadrant’.
un' denar'.
un' demar'.
2
quatuor denar’.
un' denar'.
un' obul’.
De quoit dolio vini venal’ -
De quait pipi vini venal’ º sº
De quoit crannoco brasei capital’ &
cursalis venal’ - sº gº tº
De qualt cronnoco fruinente venal’
De quoit cromnoco avenag venal’ -
De quoit dolio de {. }venar
l’Ule]"G -
De quoit sumagio de bruere venal'
De quait lestra de bruere venal' -
De quait peisa cepi venal' - gº
De quoit dolio allec' venal’ - gº
De quaft meisa allec' venal’ - tº
De quolt crannoco salis venal’ gº
De quott crannoco ordei fabag &
pisag venal’ º gº sº gº
De quott crannoco farine aven’ & al’
bladog venal’
De caseo & butrio ad valor” duode-
cim denar’ venal’ º tº sº
De quott sacco lane venal’ -
De quaft peisa lane venal’ - tº .
De quatt lesta coriog venal’
De quait dacra coriog venal’
De quoit corio valor' octo demar' venal’
De quolt corrio tannato venal’ tº a
De quolt corio valor' duodecim demag
venal’ º tº wº sº
De cent’ pellil; de shortlinges venal’
De cent' pellil; lancetis venal’ º
De cent pellil; de Wolfell venal’
De cent' pellil; agnog venal’ * =
De cent' pellil; cuniculog venal -
De al’ pellilz valor' duodecim demar’
venal’ gºs sº wº sº tº
De quoit equo fitii quadragint solid’
et ampl’ venal.” gº tº º
De quoit magno tauro affro & vacca
venal’ tº º º º t-
De quoit vitulo venal’ - tºº º
De quoit porco ove & capra venal’ -
De quoit sumagio piscis venal’ sº
De quoit Sumagio piscis sicci venal’
De mille anguillis & merlynges venal
De quoit maheremio bige curricul’
carr’ & tabular valor” duodecim
solid’ venal’ * *s gº wº tº
De quoit ficimonio unde hic non fit
mencio valor' duog solid’ venal -
The printed schedule is as follows:—
- quatuor demar'.
“Docket of the Tolls and CUSTOMs payable to the Bailiff, Burgesses, and Commonalty of
the BoRough of DUNDALK.
duos denar'.
un' denar'.
2 5
un' denar'.
un' obul’.
un' obul’.
un’ obul’.
un' denar'.
quatuor denar’.
quatuor denar'.
un’ obul’.
un' obul’.
un' obul’.
un’ obul’.
um’ quadrant'
•
quatuor denar'.
un’ demar’.
sex demar'.
um’ denar'.
un’ quadrant'.
un’ obul.”
un’ quadrant’
un' obul’.
un' obul’.
duos demar.”
un' demar’.
um’ demar’.
un’ quadrant’.
duos demar.”
un' denar'.
un’ quadrant’
&
un’ quadrant’.
um’ obul’.
un’ demar.”
un’ demar.’
un' obul’.
un' obul’.
Toll to be paid for the following Goods coming to the
town of Dundalk to be sold, and which shall be there
sold, consumed, or slaughtered.
For every horse, mare, cow, or bullock
5 5 sheep or swine
2 3
2 3
5 9
2 3
2 3
5 3
2 3
3 2
hide, value 48.
kip skin . .
car-load of timber of any kind
back-load of ditto
back-load made into dishes and w
tº
e ſº tº ©
*
© © e Q
sº tº e & º o
dozen of calf skins . . . . .
dozen of lamb or sheep skins . .
car-load of pelts, and in proportion for a
lesser quantity . . & © e
! » 12 dozen of rabbit skins . . .
ooden ware
For every cake of tallow . {} e e
2 y carcass of beef . . . . .
d. 5 5 carcass of mutton . . . .
. . 4 5 y carcass of pork . . © e
. . 1 2 3 lamb, dead or alive . . . .
. . 3 5 5 grinding stone . . . . .
T 3 5 crib of glass . e º 'º o
2 5 J 12 shearing hooks . . . .
. . 1 5 y 12 spades . . . . . .
. . 1 2 3 Barrel of grain, excepting oats an
* > 1 to be paid by the seller . .
. . 1 2 5 barrel of oats . . . . .
5 3 barrel of wheat . . . . .
. . 3 , , barrel of meal . . . . .
• - 1 2 3 barrel of potatoes . . . .
W
y
e
al
.t,
d.
0}
1
§
0%
MUNICIPAL CORPORATIONS IN IRELAND. 901 LOUTH.
g - DUNDALK,
The tolldish for Meal retailed in the market is to be paid d. .
by the retailer of Meal, according to the measure stamped For every carcass of mutton. . . . . . . . 0}
by the bailiff. ºw - 5 5. new car going out . . . . . . . ]
d. 5 5 crib of glass & g & ſº tº tº O tº º :
For every pair of stockings, value le. . . . . . 93. , , sithe . . . . . . . . . . . 0%
5 5 goat skin . . . . . . . . . 9 tº - tº tº º
5 2 horse skin . . . . . . . . . 0 Custom to be paid for the following standings in the
2 3 back-load of fruit . . . . . . . 1 markets of Dundalk.
5 y º º: . e e e s e º 'º' ; For every covered standing or pedlar's stall on a patent 6
2 3 car-load or prea • * * * * * fair day . . . . . . . . .
2 * º º • a tº e e º º i 3 3 uncovered stall, on º i day . i £d & :
3. pedlar's pack . . . . . . . . . . . . . ‘ed or uncovered stall on a market da
: º: ; cabbage plants, onions, or leeks, ; . . i. * . standing . . . . . y }
3. ple € O Tl20 e tº i. te {_* p * & e t b f b tte © © & g Q e & º
: rundlet of whisky . . . . . . 1 ; i.; º us C e º 'º º ſº ... 1
5 5 lºw" e Q & © & } , , car-load of plants and onions . . . . %
9 y Morse-load of pipes . . . . . . . bag of wool . . . . . . . . -
3 5 ditto of soap . . . . . . . . . . ] ;: load of earthenware . . . . . . . 1
3 3 lº s e e s e a tº * h % 5 2. C8, TC3.SS : * . . . . . . . . *
5 5 • e e s e e s ºn 6 CarCaSS Ol Iſlutt011 - 2 - e . * *
2 3 : of merchant's goods . . . . ; º standing on a fair day, for timber of any 4
pewterer coming in . . . . . . . . . . kind . . . . . . . . . .
. car-load of any kind of liquor . . . . . . 3 3 5 stºg on a market day . . . . . 2
> 5 . ; º: º or unrendered ; 5 3 hawker, selling any kind of goods . . . ]
Cair-108, CI O €Cl-IYığlt S e dº ge e tº ©
; źr-load of wool . . . . . . . . .3 :
,, ºback-load of ditto . . . . . . . 2 Toll to be paid for the following goods landed at the port
of Dundalk.
tº g e { 0;
Custom to be paid for the following goods, going out of For every barrel of salt . . . . . . . . . 0#
the town of Dundalk to be sold. ; ºnia: ; *
For every barrel of grain, excepting oats . . . . 0% . hundred of deal boards . . . . . . 6
9 x º: º º e e º 'º & e º & | 3 5 hogshead of liquor . . . . . . . 3
5 5 . . . * . . . . . . . ; 3 y barrel of ale . . . . . . . . . . . l;
2 3 . Of IſlCºll ... • * * * * * 0 2 3 hogshead of tobacco . . . . . . . . 3
3 y arrel, of coals tº go . . 0} 5 5 car-load of gross timber, say a beam not
5 5 cow hide . . . . - - - - - 1 exceeding 20 feet . . . . . . 2
2 3 kip skin . . . . . . . . . . . . . 0% 5 5 car-load of 20 and not exceeding 30 feet . 2%
5, 2 *:: º ; tº a cº e dº e o e } 5 5 car-load of 30 feet and upwards . . . 3
9 3 ack load of pread . . . . . . car-load of planks . . . . . . . 3
} 5 º º º. © 6 e º ſº e e ; º car-load of oak staves . . . . . . 3
3 5 C . . #. tº e º e º & © 3 5 2 . ; . . bars g O & © tº ;
2 3 tº- G & º e º º ſº Càr-108.01 Of Ilall TOCl 1IOIl e = e s e
3 J . º: * ge e º e º e ; For boxes of tin, at the ºf per car-load . . . 3
5 5 orse 10ad of Soap . . . . . . • * For clover seed, per car-loa . . . . . . . 3
3 2 . º candles . . . de i. For every barrº'ºf pitch or tar . • . . . 13
a. Iln CC1 Ill (16 . tº © e * e © tº º b 1 of grain . e Q º º O gº . 0
... ºriant, gºi, ºr lyānī, “ . . .'; i.e. . . . . . . *
(salt, deals, iron, and tobacco excepted) 2 3 mill-stone . . . . • . . . 3
but including, wine either in wood or 5 5 car-load of earthenware . . . . . . 3
, bottle, and all kinds of groceries . . . .3 5 5 car-load of salted fish . . . . . . 3
, , iron pot . . . . . . . . . . ; , , back-load of ditto . . . . . . . . 1
2 x §. of tailow, ren deie d ar un ren dete d' ; For each vessel yºals half a ton to the bailiff, he
- 8.VIIIQſ OS,
!, car-load of wool !----- tº dº : paying
. . .* ; : ; ; ; ; ; 0} Sea Custom Outwards.
barrel of pitch or tar . . . . 13 | For every barrel of bere, barley, and oats, to be paid
5 5. p ry y p
5 y barrel of flour . . . . . . . . by the exporter . . . . . . . 0}
5 y mill-stone . fi tº e e e º e e : y 5 bº. of wheat, peas, rye, meslin, or malt 0}
car-load of salt fish . . . . . . . itto . . . . . . . . . .
º back load of ditto . . . . . . 2
3 y churn . . . . . . . . . 0% ..T. , bailiff of said
3 y Call . . . e. e. . . 0} | Corporation, for the year commencing 29th September
5 5 carcass of beef . . . . . . . . 1 182 , and ending 29th September 182 .”
This schedule includes six different classes of charges : t
J. Toll in money on goods coming to the town to be sold, &c.
II. The toll in kind, ditto.
III. The custom in money for goods going out of the town to be sold.
IV. Custom for standings in the markets.
V. Toll for goods landed at the port.
VI. Sea customs outwards.
It does not appear that the corporation of Dundalk kept up or repaired the bridge of the
town, nor that they performed any duty in consideration of their tolls, and the Act of
the 4 Ann. c. 8, seems to affect the legality of them generally, especially the customs III.
and IV. on goods “outwards;” these and the toll in kind (II.) were wholly unauthorized
by the charters. The charges for “standings,” (IV) seem to be imposed rather on the
articles than on the stalls, and we have found no grant of the soil of the town which would
afford a foundation for the charges as stallage.
Besides the item, “for each vessel with coals half a ton to the bailiff, he paying 6s.,” the
schedule specifies as toll “for every barrel of coals 1s. 4d.;” and further, an officer called a “ coal
measurer” levied 2d. per ton for his own fees; and if the coals were brought out of the town,
the schedule imposed a further charge, viz. “ for every barrel of coals 1s. 4d.” These
multiplied exactions were resisted and defeated in September 1823.
The corporation tolls, generally, have not been collected since 1826, although the cor-
poration still claim the right of levying them. They appear to have been enforced according
to the docket, as printed, from September 1730, (when it was adopted,) to 1826.
Stallage is not now collected in the market-place on the part of the corporation, but Lord
Roden claims and levies stallage in other parts of the town, in the public streets, and in
places that have long been open to the public. He does not account to the corporation for

LouTH, 902 REPORTS FROM COMMISSIONERS ON
DUNDALK.
any portion of such stallage. The charges are made on the poorest classes of sellers resorting
to the markets, and are much complained of sº . ..
Cranage. 43. The bailiff of the corporation, as chief magistrate, under the 4 Ann. c. 14, appears to
The General have the appointment of the General Weighmaster of the borough. Dundalk is one of the
Weighmaster. towns named in the 25 Geo. III. c. 15. s. 6, in which the chief magistrate is bound to provide
beams, scales, and weights.
Although the Act of Anne directs that there shall be a weighmaster, and that he shall be
* sworn “justly, truly, and indifferently to weigh all goods, wares, and merchandises as shall be
brought unto him between buyer and seller,” yet none has been appointed since 1824, in
which year the late weighmaster died; but Lord Roden, it seems, has conferred the profits
of the office upon the female members of the late weighmaster's family; one of the late weigh-
master's sons attends and acts on their behalf, but no person is sworn into the office
Corn and potatoes, hay and straw, are weighed at the market-house; the usual practice of
charging for the weighing of potatoes prevails. The charges were formerly 1%d a sack for
the weighing both of corn and potatoes, but about two years ago some of the magistrates
being called together in consequence of resistance against the charges, an “understanding,”
as it is termed, was come to, that the charges should be reduced to 16. a sack; but no step
was taken to prevent the illegal charge for weighing potatoes, nor were directions given to
reduce the charge to 0}d. on each draught of corn, &c. under one cwt.
A charge is made of 4d. for weighing each cwt. of hay and straw, &c. This is supposed
to be justified because an improved weighing machine has been erected.
Slaughter-house 44. The corporation have been in the habit of leasing, along with the Slaughter-house, the
b tº e * * * * * ,
Crane. profits of the Crane where meat is weighed. We conceive that the fees for cranage (limited
by the Acts of Parliament) are the perquisites of the weighmaster, and that neither the
corporation nor the chief magistrate can share in the profits by leasing them, either singly, or
in conjunction with any thing else. .
The lessee charges upon each cow, bullock, &c., 1s. for the use of the slaughter-house, and
the weighing of the meat in any number of pieces. It is also admitted, however, that the whole
charge of Is... is made whether the animal be killed in the slaughter-house or not, so that the
charge may seem to be in truth for cranage alone. It is also admitted, that, if nothing were
done but weighing the entire carcass at one draught, still the charge would be 1s. In like
manner he charges 2d. as cranage on each pig, sheep, &c., which animals are not killed
in the slaughter-house.
The lessee of the slaughter-house crane also occasionally weighs potatoes and corn, and
charges the same rates as are levied at the market-house.
Weighmaster of 45. A Weighmaster of Butter has been appointed hereby the bailiff and burgesses under the
Butter. Acts relative to that office. The present weighmaster made the following return to an order
of the House of Commons in 1829:
& Gº The Town and Port of DUNDALK.

Amount of
By whom and By whom Number Price |Fees, includ- &
Name of Officer. i. inted Duty Years. of i.d. ing Non- Observations,
| when appointed. performed. Firkins. |*| Exports of
MarketButter,
£. s. d. There has lately been a sum of
Lennox Bigger, By the Bailiffand Weighmaster 1822 14,025 3d. per 202 4 11% nearly £1,000 expended by the
Weighmaster | Burgesses of the and Assist- 1823 | 19,875 | Firkin. 267 18 9 || Corporation on the weigh-house
and Taster. Corporation of ants. 1824 23, 108 | . . . .309 12 0 || and butter stores, and great ad-
Dundalk, 30th 1825 28,696 | . . . 377 8 1 | ditions made by subscribers;
George Lennox of Sept. 1797 1826 14,442 | . . | 199 18 10 and should it be discontinued
Bigger, his (32 years since). 1827 | 7,098 | . . 110 17 2 | as a butter crane, the lease be-
Deputy, 1825. 1828 1,702 | . . . 231 l 2% comes forfeited. -
26th May 1829. “ LENNOX BIGGER,”
It appears that, in the year 1811, certain persons subscribed for the erection of a public
butter market, stores, &c.; and the corporation entered into an agreement with the subscribers
to erect a weigh-house there as soon as the butter stores should be completed. -
The stores having been built, the corporation borrowed upon the security of their tolls and
customs the sum of £500, and directed that £100 yearly should be paid until the principal
and interest should be discharged; and they directed that the said sum of £500 should be
expended in erecting a weigh-house for the said butter market, agreeably to the plan approved
of by the committee of directors, (appointed by the subscribers,) for establishing the said
butter market and stores, and carrying on said undertaking.
In this arrangement, it is said, Lord Roden (who was a subscriber for several shares) gave
the ground, the subscribers built the stores, and the corporation built the weigh-house.
The weighmaster takes the fees of the “taster of butter” (viz. 1d. to the person “tasting,
proving, and marking the said butter,”) as well as his own fee “for weighing and branding
every cask of butter.” In this he makes a small overcharge, taking “two-pence” of the present
currency, whereas, under the Act for assimilation of the currency throughout the United
Kingdom, (6 Geo. IV. c. 79, s. 4.) the fee ought to be only 1%d. Mr. Bigger does not appear
to have been appointed to the office of “taster of butter.” His appointment, dated 30th
September 1797, from the bailiff and burgesses, was to be “weighmaster of the town and
MUNICIPAL CORPORATIONS IN IRELAND. 903
LouTH.
DUNDALK.
borough of Dundalk, truly, without fraud or delay, to weigh all butter and tallow casks that
should be brought to him for sale or exportation.”
His compensation allowances under the 10 Geo. IV. c. 41, out of the consolidated fund,
for loss of fees occasioned by the operation of that Act, have been as follows:
£. s. d.
1830 - " - sº 167 17 4
1831 - - - 177 8 4
1832 – - - 180 10 4
1833 - fº tºº 177 15 I
703 II I
46. The bailiff, who is Clerk of the Market Weights and Measures, and Seal-master, Clerk of the
on one occasion (29th September 1798) appointed deputies in those capacities, but this *.
has not recently been done. -
47. A Market Jury is sworn at the quarter sessions, under the 27 Geo. III. c. 46, and Market Juries.
28 Geo. III. c. 42, s.9. When they make seizures of unwholesome provisions, &c. the bailiff
as chief magistrate disposes of the articles forfeited, in pursuance of the authority given him
by the statutes.
By those Acts the sheriff ought to return to the justices of the peace 24 of the townspeople,
at every general quarter sessions, 12 only of whom should be sworn as a market jury; and
their office should continue until another market jury should be sworn at the ensuing general
quarter sessions, and no person should be obliged to serve more than once in any one year.
It seems that here the market jury is sworn only at the October quarter sessions, and that
more than 12 are sworn. - -
48. In the “ Down Survey” of the parish of Dundalk, a considerable quantity of land is CoRPORATE
stated as having belonged to the “town of Dundalk;” and other denominations are entered PROPERTY.
as of “Sir Christopher Bellew, Irish papist.”
We send an extract from that document with this Report.
entered upon it, viz.
Commons.
& . Down Survey.
We find the following items W y
Parts of the Commons of said town tºy º es gº 540 acres.
Another parcel - º * tº tººl sº gº wº 227 ,
Two other Commons - º wº - ſº- wº wº 15% ,
Lands profitable - gas *s 782% acres.
There are, besides,
A great bog of Dundalk £º sº sº 130% acres.
Another bog of the said town - gº gº 21 ,
Lands unprofitable sº wº - 151; acres.
Total • 934 acres.
Lord Dungannon's
atent.
49. It appears that by Patent, dated 1st of April 1667, Charles II. granted to Lord Dun-
gannon, and his heirs, 600 acres of profitable land, together with all bogs and commons to the
said town or corporation of Dundalk formerly belonging, or in any wise appertaining, and which
were then in the seisin, possession, or occupation, of the said Marcus Trevor, Lord Baron of
Rostrevor and Viscount of Dungannon, his lessees, undertenants, or assigns.
50. By the King's grant for renewing the charter of Dundalk, 9th September 1672, 24 King's Letters of
Car. II. it is stated that he had directed the renewing, by letters of the 20th of August pre- 197%
ceding, and the following statement is added: “And whereas upon some reasons since offered
unto us on the behalf of the Lord Viscount Dungannon (to whom wee granted the forfeited part
of the said corporacion towne of Dundalke,) wee have directed you, by our letters of the three
and twentieth of August aforesaid, to forbeare and putt a stopp to the renewing of the said
charter until further order from us, and wee having twice received a more particular informa-
cion from our Attorney Generall, and considered his report in this case, upon hearing of
what could be alledged in behalfe of the said Viscount Dungannon's pretension by his
councell and agent, and it appearing upon the whole matter that the lands, tenements, and
hereditaments belonging in their politicke capacity, on the two and twentieth of October, one
thousand six hundred forty-one, to the said corporation, are not forfeited to and vested in us
by the Acts for the settlement of that our kingdom, and consequently not granted to the
said Lord Dungannon,” thereupon the King requires that orders be given for renewing
of the charter, “ and for inserting therein all such lands, tenements, and hereditaments
whatsoever, as were enjoyed and possessed by the corporacion in their politick capacity on the
two and twentieth of October, one thousand six hundred forty-one, notwithstanding any
former quo warranto ; upon which wee will and require you that noe further proceeding been
made.” &
51. Charles II. by his charter (1673) gave, granted, restored, ratified, and confirmed to the Charter of 1673.
corporation “their fishing and fishing weares in the water of Dundalk,” as fully as they, or
freemen, or inhabitants, of the borough, had enjoyed the same; also “all the manors,
messuages, towns, chantryes, lands, tenements, wasts, grounds, commons, pastures, pur-
prestures, reversions, rents, services, and hereditaments, whatsoever, which in and upon the
two and twentieth day of October, in the year of our Lord one thousand six hundred forty
one, were lawfully held, possessed, or enjoyed, by the corporation in their politique capacity,
LOUTH.
904 REPORTS FROM COMMISSIONERS ON
DUNDALK,
Entries in Corpo-
ration Books, 1719
and 1725.
lying and being in ye towne or borough of Dundalke, ye liberties and precincts thereof, in
ye town and fields of Heynstowne, Dromgooter, and Stonehouse, and elsewhere in said
county of Louth aforesaid,” and also all liberties, &c. lawfully possessed, &c. by them in or
upon the said 22d October 1641, by force of any charters or letters patent, or by force of any
other title, &c.
To this is added the following clause:
“Saveing neverthelesse, and excepting and reserving unto Lewis Viscount Dungannon, his
heires, and assigns, and to Sir John Bellew, of Roche, Knt., and all other person and persons
whatsoever, all such right, title, and interest, as they or any of them have, or claim, in or to
all, and or any of the manors, lands, tenements, hereditaments, and premises, aforesaid, and
every or any of them, and every or any part or parcel, parts or parcells thereof. Provided
also, that if it shall happen, at any time after the date of these presents, that upon a legal
tryal to bee had between the said bayliffe, burgesses, and comonaltie of the said borough
of Dundalke for the time being, and the said Lewis, now Viscount Dungammon, in our
kingdom of Ireland, his heirs, or assigns, ye said bailiffs, burgesses, and commonaltie, of
the said borough, shall, by virtue of these presents, and the grant hereby made, obtain a
verdict, or judgment, against the said Viscount Dungannon, his heirs, or assigns, for recovery
of any lands, tenements, or hereditaments, hereby granted, which were in our power to grant
to the said Wiscount Dungannon, or his late father; that then and in such case ye said
bayliffe, burgesses, and comomaltie, and their successors, shall, within six months next after
such verdict, or judgment, had or obtained, surrender the said lands, tenements, and heredi-
taments, soe recovered, into the hands of us, our heirs, or successors, to the use of us, our
heires, or successors, if wee or they shall think fit to require the same, by any instrument under
our or their signett and signe manuall.”
The charter of Jac. II. 1688, contained grants and provisoes similar to those above extracted
from the charter of Car. II. -
52. The next document we have met with is an entry in the minutes of the corporation pro-
ceedings, which states that at a general assembly held by the bailiff, burgesses, recorder, and
commonalty, on the 19th June 1719, “ the Right Honourable James Lord Viscount
Limerick, being present at the said assembly, laid before the said bailiff, burgesses, recorder,
and commonalty of the said borough, a statement of a case relating to the title of the lands
commonly called the Commons of Dundalk, with Sir Edward Northey's, late attorney general
of Great Britain, opinion thereon underwritten, together with the several letters patent,
decree, and certificate, to which the said case refers.”
It then states, that the bailiffs, burgesses, recorder, and commonalty, read and perused the
said state of a case and opinion, the decree and certificate of the late commissioners for
hearing and determining claims, dated 14th September 1666, the letters patent of Car. II.
to Marcus late Wiscount Dungannon, pursuant to the said certificate, dated 1st April,
19 Car. II., also the charter of the 14th March, 26th Car. II. to the corporation, “ on consi.
deration whereof, and of the acts of settlement and explanation, the said bailiff, burgesses,
recorder, and commonalty, are convinced and satisfied that the said Lord Viscount Limerick,
as assignee of the said Lord Dungannon, and of the lands of Sir John Bellew, deceased, is
lawfully entitled to the said lands commonly called the Commons of Dundalk, and of this
corporation, and has the right or title to the same.” -
Then it is added that his Lordship declared to them that he had “ the good and welfare
of the said corporation very much at heart,” and was resolved, for the encouragement of the
said borough, and the trade thereof, to erect and build a quay at his own expense for the
better and more easily loading and unloading of shipping, and, for the better education of
the children of the said corporation, to erect and build a schoolhouse, and endow the same
with a yearly salary of £50 sterling, to be paid by him and his heirs for ever to the school-
master thereof;” and it was thereupon “ ordered, that the recorder, in the mame of the said
corporation, should return his Lordship thanks for such his bounty and ſavours to the said
borough, and acquaint him with their opinion relating to the title of the said lands commonly
called the Commons of Dundalk.”
On the minutes of the proceedings of the corporation, at an assembly held 5th August 1725,
are entered certain deeds of lease and release (of the 4th and 5th August 1725), and an
order that they should be inserted in the book “pursuant to the consent of the said bailiff,
recorder, burgesses, and freemen, of the said corporation.”
They appear to be made between Hans Hamilton, Esq., bailiff of the borough of Dundalk,
the burgesses and commonalty of the said borough, of the one part, and the Right Honourable
James Lord Viscount Limerick, of the other part.
The deed of release recites that “the said bailiff, burgesses, and commonalty, are fully
convinced and satisfied that the said James Lord Viscount Limerick is seised of and
interested in, and entitled to, as of an absolute estate of inheritance to him and his heirs for
ever, of and in all and singular the bogs and commons situate, lying, and being in or near the
said borough, town, or corporation of Dundalk, as well by certificate and letters patent,
heretofore past to Marcus Trevor Lord Baron Rosstrevor, and Viscount Dungannon, as by
sale and conveyance thereof by Marcus late Lord Viscount Dungannon, to James Hamilton,
late of Tullimore, Esq., the said James Lord Viscount Limerick's deceased ſather, and
other ways.”
It then refers to the former act of the corporation (in 1719), and states that Lord Limerick,
out of his abundant zeal for the good and welfare of the borough, had by deed, of equal date
therewith, granted and settled one annuity, or yearly rent charge, of £50 per annum for the
MUNICIPAL CORPORATIONS IN IRELAND. 905 LOUTH.
* ſº DUN Q
encouragement and support of one or more schoolmasters to teach the English and Latin UNDALK
tongues within the said borough or liberties thereof, for ever; and proceeds in these terms:
“ and whereas the said bailiff, burgesses, and commonalty, of the said borough of Dundalk,
for the avoiding future controversies or disputes which may at any time hereafter arise
between the said corporation of Dundalk, or any member thereof, and the said James Lord
Viscount Limerick, his heirs, or assigns, for or concerning the said bogs and commons, or
any right, title, or pretence thereunto or to any part thereof by the said corporation of
Dundalk, or any member thereof, have agreed to grant and release all their right, title,
claim, pretence, and demand whatsoever, of, in, or unto the said bogs and commons, in or
near the said town or liberties of Dundalk, unto the said James Lord Wiscount Limerick, his
heirs and assigns, for ever.”
The indenture then witnesses, that the corporation, “ in consideration as well of their
recited demises as of the sum of 10s. Sterling to them in hand paid by the said James Lord
Wiscount Limerick, the receipt whereof is hereby acknowledged, in execution and performance
of the said recited agreement, and in pursuance of the said act remaining in the said corpo-
ration books, and to the intent and purpose that the said James Lord Viscount Limerick,
his heirs, and assigns, shall and may for ever hereafter quietly and peaceably have, hold, and
enjoy, &c., have granted to him all those the bogs and commons in or near the said borough of
Dundalk, and all and every their right, title, and pretence of commonage, in or upon all,
every, or any part of the lands, tenements, or hereditaments, situate, lying, and being in or
near the said town or borough of Dundalk, or the liberties thereof, of what nature or kindsoever,
and all marshes, bogs, rivers, waters, water courses, drains, weirs, and fishings, in or near the
said town or borough of Dundalk, or the liberties thereof, and all and every their and each of
their right, title, claim, pretence, and demand, whatsoever, of in, or unto, all and singular the
herein-before granted, or mentioned, or intended to be granted premises, with their and every
of their rights, members, appendances, and appurtenances,” to hold to him, his heirs, and
assigns, for his and their own use for ever, free frºm all claim, &c., of the corporation.
The entry states that there were two parts of this indenture, the one sealed by the cor-
poration, and remaining with Lord Limerick, the other sealed by Lord Limerick, and
remaining with the corporation. There is not now any deed relating to the transaction among
the corporate papers.
53. This Wiscount Limerick, it appears, was James Hamilton, created 13th May, 1719, Remarks.
Viscount Limerick and Baron Claneboy, and 24th November 1756, Earl of Clanbrassil. He
died 17th March 1758, leaving James Hamilton, his only surviving son, who became Earl of
Clanbrassil, and died , without issue. His sister Anne (his other sisters
and all his brothers having died without issue) married, 11th December 1752, Robert,
afterwards Earl of Roden, the father of the present Earl. These parties appear, successively,
(except during the proceedings from 1778 to 1783, already moticed,) to have maintained a
paramount influence in the corporation. -
. As the estates of the corporation were not forfeited in 1641, the decree and certificate of the
commissioners of claims, and the patent to Lord Dungannon, founded thereon, could not have
had any operation as to those lands, although operative as to other lands actually forfeited,
and the whole of the proceedings and instruments of 1719 and 1725, whereby the estates of
the corporation were alienated, seem to have been founded upon an erroneous representation, and
to have been improperly entered into. Lord Limerick was then a member of the corporation.
The loss or destruction of the corporation records, of dates anterior to 1692, and from
1735 to 1760, and some defects in those which exist, leave us in the dark as to the history of
the property at two most important periods. -
54. The documents we have seen do not specify, by name, the lands of Heynestowne, Heynestowne,
Dromgooter, and Stonehouse, which are named in the charter, nor have we found traces of Dromgooter, and
any specific alienation of those denominations. - Stonehouse.
The tradition in the town is, that Mr. Hamilton and Mr. Fortescue, being principals in
the corporation, divided the whole of the corporation property between them, they instituting
a Michaelmas dinner for the freemen, and a school for education of freemen's children.
Heynestowne, it is said, was recently in the hands of Lord Clermont (Fortescue); it is a
considerable town-land, situate about two miles from Dundalk, on the Dublin road. Drom-
gooter and Stonehouse are described as town-lands near Dunleer, in the same county, and about
I0 miles from Dundalk,
In some old corporation accounts from 1755 to 1759, charges for “Michaelmas dinner”
are made against the corporation.
55. It appears that the corporation were once possessed of a Guildhall. . The building Guildhall.
now called the Guildhall, or market-house, it is said, is not the property of the corporation,
but used, by Lord Roden's permission, for the meetings of the body.
It appears from the treasurer's accounts, however, that the expenses of various repairs and
improvements in it have been charged against the corporation.
56. It is stated that there were ancient Shambles, also, in the town, belonging to the corpo- Shambles.
ration, but we have no account now of what became of them.
Under a resolution of the 29th September 1800, the corporation became tenants for certain
premises called “the Shambles and Slaughter-house,” under a lease for three lives renewable
for ever, at a yearly rent of £45 10s.
They derive an income from these premises by the lettings of the slaughter-house and
crane (or weigh-house) together, and of the several stalls in the shambles separately.
The profits arising upon these underlettings are now the sole income of the corporation.
M. C. I.
LOUTH. 906 REPORTS FROM COMMISSIONERS ON
PUNPAIK. 57. The land agents of the patrons have usually acted as the treasurers of the corporation;
º *::::: *...* has been paid into their office, where the bills are paid and the Accounts
3. are kept. º
#. books of the accounts, prior to 1819, are not now forthcoming. The accounts
were kept by the late agent, Mr. Parker, from that year to the time of his death in 1827.
The book at that date exhibited a balance of £75l 18s. 10d, as due to the treasurer. The
present agent (Major Frood) commenced a new account, and carried on that balance, taking
credit for it, as payable to himself, but holds himself accountable for it (if received) to Lord
Roden, whose accounts these are, in fact. The balance against the corporation was settled
on the 29th September 1829, at £847 9s. 4%d.; on the 30th September 1833, at £1,126 10s.
A form of auditing the accounts appears to be annually gone through. The treasurer
furnishes a copy of his account with the book; they are compared together, vouchers are
produced, and being found to be correct and marked accordingly, two members of the corpo-
ration, who act as auditors, sign an entry in the book, certifying that they have examined the
account, compared it with the vouchers, and found it correct.
From our having been unable to procure the treasurer's accounts prior to 1819, we can
give no account of the mode in which the income of the corporation was then expended.
The annual income appears to have exceeded £600 a-year, until shortly after the above
period, when the collection of the tolls was resisted, and eventually abandoned by the
corporation. - -
Lord Roden is alleged to have treated this income as his private property; and declarations
to that effect, both of the late town clerk and the Honourable John Jocelyn, (a burgess, and
uncle to the present patron,) were detailed to us. The income was received by his Lordship's
land agent. No evidence of any expenditure, according to the trusts upon which they were
granted by the charter, was offered.
In the interval from September 1819 to the death of Mr. Parker, the income of the
corporation derivable from their tolls and customs appears to have ceased. We were unable
to obtain any satisfactory explanations as to the receipts and disbursements in this period.
Among the latter we find £25 14s. 7d., and £87 14s. 10d. on account of law costs. The
stamp duties upon admissions to freedom, and sundry items of expenditure upon the market-
house, appear to have been charged to the corporation.
From 1827, to the present time, the income of the corporation has been confined to the
sums arising from the lettings of the slaughter-house and weigh-house, (which were let in
September 1833 at £58 for one year,) and of the stalls in the shambles, some of which
produce three guineas, others only £2 per annum. These receipts are charged with a head
rent of £42 per annum. The corporation also pay annually a rent of £2 10s. 7%d., the origin
of which does not appear. The salaries of the officers, and the other disbursements with
which the funds have been charged, appear to exceed the receipts, and the result is, that
apparent accumulation of debt with which the corporation has been, as above mentioned,
debited, nominally to the treasurers, but, in effect, to Lord Roden. As Lord Roden, and his
agents, have the entire ordering of the corporate affairs, we do not see how any actual, or
boma fide, debt can be considered to have been incurred to them.
This borough, according to the enumeration of 1821, contained 9,236 inhabitants.
STATE of the Town. 58. The returns for 1831 showed the following particulars:
t- Males - º sº - mºs - º 4,670
Population. Females º tºº - sº - tºg 5,408
Total *> 10,078
Families chiefly employed in agriculture - 222
X 5 in trade, manufacture, or handicraft 1,311
23 not comprised in those two classes 377
Total *sº 1,910
Houses inhabited - sº *... º 1,618
, uninhabited -> º - ºp 73
, building tº- tº- sºw º 34
Total lº 1,725
Remarks. 59. The town appears to be improving, and capable of deriving many advantages from
proper care and attention to its port and harbour, which have hitherto been neglected. The
export trade has much increased, while the imports have diminished. -
We were unable to discover any benefits which the borough has derived from the possession
of a corporation as at present constituted.
The exclusive and sectarian character of this body has rendered it so unpopular amongst
the great majority of the inhabitants that the possession of the franchise has not been sought
for, and when recently offered by the “patron” to respectable merchants it has been refused,
upon the ground that any connexion with the corporation would be prejudicial to their
mercantile connexion with the public. -
The effect of the present condition of the corporation has been to constitute 19 of Lord
Roden's nominees electors for the borough. The inhabitants expressed a desire for a
f 10 household franchise, as the basis of a new constituency, from which efficient boards
would be elected for the protection and management of the interests of the town and harbour.
A local court for the recovery of small debts is considered desirable for the protection and
promotion of trade within the district.
MUNICIPAL CORPORATIONS IN IRELAND. * 907, LOUTH.
60. We send with this Report copies of the following documents: DUNDALK.
1. Bye-laws of May 1810.
. Conveyance of Property to Lord Limerick in 1725.
. Extract from Down Survey.
Resolutions respecting Butter Crane in 1811.
Ditto as to Tolls, Customs, Weigh-house, &c.
. Printed Schedule of Tolls and Customs.
. Return of Harbour Dues.
. Treasurer's Accounts for 1755, &c.
Rules in Gaol of Dundalk.
WILLIAM ELLIOT HUDSON, Y iss?
MATTHEW RICHARD SAUSSE, }commissioners
Inquiry held 23d, 24th, 25th, 26th October 1833.
M. C. I. 10 X
908 REPORTS FROM COMMISSIONERS ON
MUNICIPAL CORPORATIONS IN IRELAND. 909
R EP O R T
ON
T H E B O R O U G H OF D UN G A N N ON.
910 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs ſº Q Q º o gº º * > dº 911
CHARTER . iº sº tº o o o tº & 9]. I
Books of Proceedings . © e gº G º 9] I
CoRPortATE Body . º & * tº * > Ç © 9II
Style º o * } Q ſº © Q o 911.
Classes º Q • Q © C. o tº 911
Provost Q g * * º © O ſº 911
Free Burgesses . & (* © 2. p 9] I
Freemen ſº o * g Q gº º 9I 1
Elective Franchise © © o © * > o 9 12
Remarks . tº e * tº º & & 9 12
JURISDICTION g * tº ſº tº º te o 912
Borough Court . tº º e © tº & 912
Manor Court e ſº tº te o «» º 9 12
Quarter Sessions . Q o © e º tº 912
Petty Sessions . sº e © º e * 912
Prison º * > J gº * e tº © 9 12
MUNICIPAL REGULATIONs º tº º g © & 9] 3
Police, &c. . © . e º g g O © 913
Schools • . tº o º © Q º 913
FAIRs and MARKETs G tº g e g º © 913
Tolls. © sy g Q o O ſº º 913
Stallage . tº * . . e © . .913
Cranage . ſº tº º © © © gº 914
CoRPortATE PROPERTY . & g Q º * • 914
STATE of the Town o © @ * > © * º 914
Population © sº º © tº tº º 914
List of Documents tº © C º © o 914
MUNICIPAL CORPORATIONS IN IRELAND. 9II
TYRONE.
|BOROUGH OF DUNGANNON.
1. THE borough of Dungammon is situate in the parish of Drumglass, in the barony of
Dungannon, and county of Tyrone.
The district incorporated is thus described in the charter: “The said village of Dungannon,
and those three parcels of land commonly called or known by the names following, viz.,
Crosse, Droughe, and Tenniskeile, within, near, or about the same village lying or being,
and all and singular tofts, houses, edifices, cellars, curtilages, gardens, orchards, void places,
lands, tenements, and hereditaments whatsoever, lying or being in or within the said village;
and the parcels and balliboes of land, either in or within the site, circuit, ambit, or precinct of
the same, or of any of them, except the castle of Dungannon and the site and precinct of the
same; also except 500 feet of land to the same castle circumadjacent, from the very site of
same castle on each side to be measured.”
According to the statement made to us, the borough comprises the townland of Drumcoo,
and probably part of the townland of Raghemran; but no part of Gortnemon. The denomina-
tions of Crosse, Droughe, and Tenniskeile, are not now known, and it is generally reputed that
the townland of Drumcoo and the district mentioned in the charter are co-extensive.
The Boundary Commissioners (who reported in 1831) state, that they were given to
understand that the liberties of the town comprised “two whole townlands, viz., Drimcoo
and Ramahan, a considerable portion of a third, Gortnemon, and three small pieces in three
other townlands, comprehending altogether about 836 statute acres.”
The Boundary Act, 2, 3 Will. IV. c. 89, has, for the purpose of elections for Members to
serve in Parliament, remodelled the boundaries, omitting a considerable portion of the town-
land of Drumcoo, and including the castle and its precincts.
2. The Charter of incorporation bears date the 27th November, 10 James I. (A. D. 1612,)
and is enrolled, (Rot. Pat. 10 Jac. I. p. 4, m. 31.)
We have not found any other charter relating to this corporation.
3. The corporation Books produced to us contained no entry earlier than the year 1818;
we ascertained that an earlier book was in the possession of Lord Ranfurlie, but at the time
of our Inquiry he was on the Continent.
4. The Corporate name is, “ The Provost, Free Burgesses, and Commons of the Borough
of Dungannon.”
5. The corporation consists of one provost, 12 free burgesses, and an indefinite class of
freemen.
Only three freemen are now known to be in existence.
There are not any inferior officers.
6. The Provost is eligible by and from the free burgesses annually on the feast of Saint
John the Baptist, holding his office for one year from the ensuing Michaelmas, and until
some other free burgess be elected and sworn into the office.
He is appointed, by the charter, judge of a Borough Court of Record, with jurisdiction to
the extent of five marks; but no such court appears to have been held at any time.
He is also made clerk of the market within the borough; but no duty is performed by him
in that capacity.
He is the returning officer for the borough, and this is, in fact, almost the only practical
function which devolves on him with his office.
He has neither salary, fees, nor emoluments, nor any duties save those of attending and
presiding at corporate meetings.
7. The number of Free Burgesses, by the charter, is 12.
The charter directed that the free burgesses should be elected “out of the better and more
honest inhabitants of the said borough,” a practice not attended to, at least since the Act
21 Geo. II. c. 10, s. 8, permitting the election of non-residents.
8. Freemen are admissible only at the pleasure of the sovereign and free burgesses.
The charter, in terms, went to incorporate all the inhabitants. From the want of the older
books of the corporation, we had no means of ascertaining in what manner that provision was
acted on in early times; but it is not now attended to.
No practical advantage of any kind is enjoyed by the freemen.
Bye-laws, indeed, are to be made, and inferior officers are to be appointed, by the whole
body (freemen included); but, as far as we could discover, no bye-laws have ever been made,
and no inferior officers are appointed.
We were shown a certificate of the admission of a freeman on the 15th December 1747,
signed by the provost and the “ recorder.”
DUNGANNON.
LIMITs.
CHARTER.
Books of Pro-
ceedings.
CoRPoRATE BoDY.
Style.
Classes.
Provost.
Free Burgesses.
Freemen.
TYRONE.
912 REPORTS FROM COMMISSIONERS ON
DUNGANNoN.
Elective Franchise.
Remarks.
JURISDICTION.
Borough Court.
Manor Court.
Quarter Sessions.
Petty Sessions.
Prison.
The charter contains a grant (in terms) that the provost and free burgesses, and their
successors for ever, should have power to Elect two men to serve and aſ: in any Parlia-
ment in the kingdom of Ireland.
At the time of the Union, Dungannon had reserved to it the power of sending one Member
to the Parliament of the United Kingdom. The 12 free burgesses, in whom the franchise
was exclusively vested until the passing of the Reform Act, were all the nominees of the
Knox family, or its head, Lord Viscount Northland, now the Earl of Ranfurlie; indeed the
#. number were members of that family. Upon the passing of that Act, seven of those
ree burgesses, who resided beyond the limits thereby prescribed (seven miles from the place
of election), immediately resigned, and seven other persons, resident within the distance, were
elected in their places.
The following is entered on the corporation proceedings as a correct list of the free bur-
gesses and freemen of the corporation, on the 30th September, 1818:
FREE BURGESSEs.
Lord Viscount Northland [Knox,] Hon. and Rev. Edward Knox,
Hon. Francis Knox, Thomas Knox Hannyngton, Esq.,
Hon. Vesey Knox, Rev. Agnew Vesey,
The Lord Bishop of Derry [Knox,] Robert indsay, Esq.,
Right Hom, George Knox, Thomas Knox, Esq.,
Hon. and Rev. Charles Knox, Alexander Stewart, Esq.
FREEMEN.
Right Hon. George Knox,
Thomas Knox Hannyngton, Esq.
W. Murray, Provost. *
Hon. Thomas Knox, -
Lord Bishop of Derry [Knox,]
On the 5th of September 1832, the following resigned their burgess-ships, “in consequence,”
as it is expressed in the proceedings, “ of inability to discharge the duties.”
Edmund Lord Bishop of Killaloe [Knox,] Hon. Edmund Sexton Perry Knox,
Rev. Agmondisham Vesey, Hon. John Henry Knox.
Four others having been that day elected in their room, the following resignations took
place, in like manner, on the 15th December 1832:
Sir James M. Strong, William Stewart, Esq.;
Rev. James Spencer Knox,
And three others were elected in their room.
At the registration of electors, which ensued on the passing of the Reform Act, 11 free
burgesses were registered as electors for the borough, and thus Lord Ranfurlie was enabled
to nominate so many electors, a very considerable influence in a borough where the entire
number of registered householders was only 144.
The borough has since been represented in Parliament by a member of the “ Knox”
family.
“Two serjeants at mace” are mentioned in the charter; but neither these, nor any other
inferior officers, are appointed. In fact, the corporation exists for no purposes but the elections
of sovereign and free burgesses, whose only operative functions are those exercised in relation
to the election of Members to serve in Parliament.
The meetings (if such they can be styled) of the corporation have frequently been unattended
by any of the members save the sovereign who called them. In some instances one or two of
the free burgesses, besides, have been present; and all the appointments are made by the
person or persons “so assembled.” When the free burgesses returned the Member to Parlia-
ment, the meetings, even to return the Member, were not better attended.
The provost informed us that no Roman Catholic had ever been admitted into the corpo-
ration, and that “he thought no Roman Catholic could be elected provost, as he was obliged to
sign a declaration and to take the oath of abjuration.” The stamp duties on the admission of
members are paid by Lord Ranfurlie; he submits the names of those to be admitted, which
are immediately agreed to; and no person, of whom he would disapprove, would be proposed
by any of the members.
The Borough Court, as we have stated, is not held.
A Manor Court is held here, from three weeks to three weeks, with jurisdiction to the
amount of £20 (Irish), and extending over 40 townlands. We had not an opportunity of
examining the semeschal, or of investigating the practical administration of the court; it was
stated to us to be satisfactory.
The manor of Dungannon was granted to Arthur Lord Chichester, Baron of Belfast, by
letters patent, bearing date 20th November, 19 Jac. I. and enrolled (Rot. Pat. 19 Jac. I.
p. 3. m. 1.) They granted power to hold a Court Leet and View of Frankpledge before his
seneschal twice every year, to inquire of all felonies, trespasses, &c., and a law day or Court
of Record every three weeks before the seneschal, to hold pleas of actions of debt, &c., not
exceeding £20 “ English.”
This manor at present belongs to the Earl of Ranfurlie, who appoints the seneschal.
Quarter Sessions for the county are held in Dungannon twice in the year. Petty Sessions
are also held here before county justices. -
A county district Bridewell has been built in the town.
MUNICIPAL CORPORATIONS IN IRELAND. 913
TYRONE.
There are no corporate Police; the duty is attended to by the county constabulary. The
streets are repaired under presentments of the county grand jury, made at the assizes. Some
parts of footways, &c. in Market-street, have been paved at the expense of Lord Ranfurlie.
There is no provision made for lighting or watching the town.
Two English Schools, (one for males, the other for females,) are established here, under
the Act 10 Geo. I. (Priv.) c. 1, by the governors of the schools founded by Erasmus Smith.
The teacher in the boys' school has an annual salary of £20, and gratuity of £5; the teacher
in the girls' school an annual salary of £12, and gratuity of £4.
There were in the schools, in 1833,
Boys: Protestants 24; Roman Catholics 2. Total 26.
Girls: 55 54; 93. 3. , 57.
By letters patent, bearing date the 8th July, 2 Charles I., divers lands and tenements of
considerable value were granted to the then Archbishop of Armagh and his successors, in trust
to the sole and proper use and behoof of the respective masters of the several free schools of
Armagh, Dungannon, Enniskillen, Raphoe, and Cavan; and by the 53 Geo. III. c. 107,
amended by the 3 Geo. IV. c. 79, and 11, Geo. IV., I Will. IV. c. 56) the property of
these and other endowed schools was vested in the Commissioners of Education in Ireland,
and the schools were placed under their control.
The corporation have not by their charter any Fairs or Markets granted to them, although
the provost is constituted clerk of the market.
There are several patents extant containing grants to others of fairs and markets, to be held
at Dungannon.
Dates of Grants. Enrolment of. Grantees. Fairs, Markets, &c.
10th May 1587. Rot. Pat. 29 Eliz., | Hugh O'Neill, Earl of Market—Thursday.
m. 9, d. Tyrone. Fair—On the eve,
day, and morrow of
the Assumption of
b the blessed Virgin
Mary, (15th Aug.)
4th March 1611. Rot. Pat. 9 Jac. I., | Sir Arthur Chichester. Market—Thursday.
p. 4, m. 8. Fairs—Mondays after
1st May and 29th
September, and day
* after each.
20th November 1621. Rot. Pat. 19 Jac. I., | Ditto. Ditto.
p. 3, m. 1.
1st February 1668. Rot. Pat. 20, 21 Car. II. | Arthur Earl of Done- | Ditto.
p. 3, m. 37, d. gall.
1st December 1705. Rot. Pat. 4 Ann. p. 3, T. Knox, Esq. Fair—On Tuesday
m. 9. after 10th Novem-
ber and 1st August.
The patents of 1621, 1668, and 1705, grant the “tolls” incident to the fairs and markets
ranted.
g Fairs are stated to be holden on the first Thursday in every month.
A general weekly market is held on Thursdays, and a corn market on Mondays.
Tolls are taken under the authority of Lord Ranfurlie, who derives an income of £200
a-year from the letting of them. The levying of these tolls is complained of as oppressive.
The schedule, a copy of which we annex, does not include any toll upon live cattle. The
charges appear to be taken in the name of “stallage,” and “cramage.” tº
“ ScHEDULE of the ToI.Ls and CUSTOMs payable in DUNGANNON.
d. f d.
“Beef, each carcass e- * sº - - 4 Haberdashery and hardware standing, uncovered 2
Fed veal, ditto - gº sº * * tº - 3 Auctioneer's stand - * tº sº — 4
Lamb, ditto wº sº sº tº *- - 2 Crocks, each car or cart or creel - sº - 2
Bacon, each cart or car * $º º- - 4 Lemon-men sº - tº- tº º * - 2
Meal per sack, including cranage tºº – 6 Grass or clover car or cart or single quantity - 2
Potatoes, each cart or car - sº sº - 2 Stocking-men, and carpenters and retailers of
Ditto, each sack - sº sº wº it - 1 old clothes, coopers and chair-makers, turn-
Flax, per score - sº gº º sº - 1 ers, retailers of drugget, woollen goods, and
Butter, each firkin º º † tºº – 3 Wool bags, and shoemakers, nailers, and
Ditto, each crock tº- tº- tº a º - 2 hatters, retailers of butter, leather baskets,
Vegetable, each standing - gº * > - 2 and rods, each sº tºº wº * - - 1
Fruit, each sack - tºº * sº * - 2 Metal, iron, and tin ware, grocery, and book
Ditto, each creel º tº tºº * - 1 stands - e- tºº wº- * gº - 1
Bread, each car or cart gºs ºg *-g - 2 Salt, each bag - gº * *s gº - I
Confectionery and small-bread standing – 1 Hides of ox and cows or kip tº- * - 1
Fresh fish, each creel or single quantity - 1 Grain of all kinds, cranage per sack – - 2
Herrings, each sack - sº tº-e * - 2 Carman's goods, per cwt. - mº e- - 1
Fat, each calce, cranage sº *s tºº - 1 The tongues of every cow, heifer, or bullock
Plants, each car or cart tº º tºº sº - 4 killed and exposed for sale between the 29th
Haberdashery and hardware standing, covered 2 September and 25th December.
“To be collected in each year for the proprietor, the Right Honourable Lord Wiscount
Northland; John Hughes and Jonathan Turner, and their assistant, collectors.”
The “Stallage” is claimed not merely in the principal street (called Market-street), in
M. C. I.
DUNGANNON.
MUN1c1PAL
Regulations.
Police, &c.
Schools.
FAIRs and
MARKETS.
Tolls.
Stallage,
TYRONE.
914 REPORTS FROM COMMISSIONERS ON
DUNGANNON.
Cranage.
CoRPORATE
PROPERTY.
STATE of the TOWN.
Population.
Documents.
which the market is held, but in every other street in the town, and even in the adjoining
roads, within the limits of “the corporation,” or district incorporated.
From the nature of the charges, it would seem that the toll is levied on the articles and not
on the stall, and that “stallage” is not here the real ground of exaction; for the charges are
regulated not by the size of the standing, but by the quantity and quality of the articles
exposed for sale; so that if successive quantities of the same article be exposed for sale on the
same stall, stallage is claimable afresh for every successive quantity.
One claim deserves particular attention; “ the tongue of every cow, heifer, or bullock,
killed and exposed for sale between the 29th September and 25th December, in each year,”
or a composition in lieu of it, is exacted, in addition to a charge, formerly of 8d., but now
reduced to 4d., on each carcass of beef. We question whether this is such a certain and
reasonable charge as stallage ought to be. There is a regular charge of 4d., only, on the
carcass for three-fourths of the year, and we do not see any ground for superadding the casual
claim of the tongues during the remaining quarter.
This exaction has been resisted, but is yet enforced. It was stated to us, that the agents of
the lord of the market, in one instance, prevented a party from placing his meat upon a stall,
occupied by himself and his family for 20 years before, on account of his joining in the oppo-
sition to the levy of the “tongues;” and, after expelling him and throwing his meat upon the
highway, sued him for nine weeks' subsequent occupation of the stall (at 4s. a-week), although
he had not gone to the standing during that period. They at the same time claimed the right
of preventing him from exposing his meat for sale in any other part of “the corporation,”
without the payment of stallage.
The lessee of the “tolls” is also appointed crane-master, and charges for “Cranage” are
mixed up with the charges for stallage. This is complained of as a very objectionable practice,
the public being thereby prevented from judging of the extent of the different charges, and
examining their legality. -
Thus we find, “ Meal per sack, including cranage, 6d.”
The cranage, if the sack weighed I cwt. or upwards, should be only la.; so that 5d. (it
must be supposed) is charged for the standing of each sack. This charge appears unrea-
sonable in amount. *
At the “corn market,” a fee of 2d. a-sack is charged for weighing, where the sack exceeds
12 stone; a “ ticket” of the weight is given; this is made an additional ground for the
charge.
A charge of 3d. is made for weighing a crock of butter, of 30 lbs. weight, being six times the
legal charge under the Acts of 4 Ann. c. 12, s. 3, and 25 Geo. II. c. 15, s. 7. No weighmaster
of butter has been appointed by the sovereign and burgesses under the 52 Geo. III. c. 134, and,
even under that Act, the total charges for all services (weighing and branding, tasting, proving
and marking the quality,) would be only 23d. on a cask of 84 lbs.
The Corporation of Dungannon, as far as we could discover, have not, nor ever had, any
Property; nor any patronage or influence other than what arose from the power, virtually
exercised by their “patrons,” of returning Members to Parliament.
The Population of the Town was stated to us to be 3,758.
According to the census of 1831, the population was as follows:
Males, 1,633; females, 1,882. Total - gº 3,515
Families chiefly employed in agriculture sº sº - 105
53 in trade, manufactures, or handicraft - gºes – 357
,, not comprised in those two classes tº gº - 246
Total - - — 708
Houses inhabited gº sº *=} gº - 569
, uninhabited - * tºº * – 95
, building tº tº tº gº * 3
Total - tºº 667
The number of electors at present registered for the borough under the Reform Act is,
f 10 Householders - *-g tº gº tº-º 165
Free Burgesses - wº * -º wº º 4-ºx 11
Total - 176
The place is alleged to be considerably on the decline, some of the neighbouring towns being
more advantageously situated for trade. The unoccupied houses amount, it is said, to 100,
an unusual number in so small a place. *
We have sent with this report copies of the following Documents:
1. Oaths of Office.
2. Entries in Corporation Proceedings.
3. Certificate of Admission to Freedom, in 1747.
4. Schedule of Tolls and Customs.
5. Corn Weigh-ticket. -
WILLIAM ELLIOT HUDSON,
MATTHEW RICHARD SAUSSE,
Inquiry held 24th and 25th September 1833.
} Commissioners.
MUNICIPAL coRPORATIONS IN IRELAND. :9E5
R. E. P. O. R. T
ON
T H E BOR O U G H OF T) U.N.I., E E R.
M. C. I. - 10 Z
916 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs • tº O e tº © © tº o 917
CHARTER & tº wº e o tº & ſº & 917
Corporate BoDy & tº e º tº tº © 917
Style . º e tº * © {e tº te 917
Classes ë c * * e © © ſº 917
Sovereign . º © ſº (e º © 917
Burgesses . e ſº o tº © º 917
Freemen . tº tº o º © * 917
Recorder and Town Clerk e "e © tº 917
Inferior Officers e º Q • • g 917
Union Compensation . tº © o o 4. 917
Gradual Decay of the Corporation . e wº o 917
JURISDICTION O ſe ſº º e tº © O 917
FAIRs . wº tº º tº e e © © tºp 917
Tolls C © Q © Q ſº o O 917
STATE or THE Town * > wº & tº e e ſº 917
Population . Q o tº e Q o tº 917
MUNICIPAL CORPORATIONS IN IRELAND.
LouTH.
917
BOROUGH OF DUNLEER.
THIS Borough is situate in the parish of Dunleer, in the baromy of Ferrard, and
county of Louth, about ten statute miles north of Drogheda.
The limits of the borough do not seem to have been ascertained. The “patron” supposes
that they were co-extensive with the manor.
By letters patent, bearing date 3d August, 30 Charles II., A. D. 1678, (enrolled Rot. Pat.
36 Car. II.) a corporation was created under the Style of “The Sovereign, Burgesses, and
Freemen of the Town and Borough of Dunleer,” to consist of a sovereign and 12 burgesses,
and such and so many freemen as the sovereign and burgesses, or the majority of them, should
think fit to admit. 4.
The Sovereign was to be elected annually, by and out of the burgesses, and to hold for one
year from Michaelmas; but it was made requisite that he should be approved of by George
Legge (Lord Dartmouth), his heirs and assigns, lords of the manor of Dunleer created
by the same charter. The sovereign was empowered, with the consent of the majority of
the burgesses, to appoint a deputy; and was constituted, as was also his deputy, coroner,
and a justice of the peace within the borough, with the jurisdiction of the justices of the
county of Louth.
The Burgesses were eligible by the sovereign and surviving burgesses, or the major part of
them. They held for life. The sovereign and burgesses were empowered to have a guild,
and to make bye-laws.
The Freemen were admissible by the sovereign and burgesses; a fee of 5s. was made
payable on admission. The power of returning members to Parliament was placed in the
sovereign, burgesses, and freemen.
George Legge, his heirs, &c., were empowered to nominate a Recorder, who was also to be
Town Clerk of the borough, and to exercise such authority as the recorder and town clerk of
Lanesborough had. e
The charter directed that there should be one serjeant at mace, and other Officers,
to be elected by the sovereign and burgesses out of the freemen and inhabitants as in
Lanesborough.
The borough returned two members to the Irish Parliament as long as it subsisted. The
Compensation of £15,000 for the extinction of the franchise was awarded as follows; viz.
£7,500 to the Right Honourable John Foster, (the then speaker of the Irish House of
Commons,) and £7,500 to Henry Coddington, Esq., (who represented the original patentee
of the manor of Dumleer,) and the “portreeve and burgesses of the borough of Dunleer.”
From the period of the Union to the year 1811, the sovereign appears to have been
annually elected. But from that time to the present, no election of a sovereign, burgesses,
or freemen has taken place, under the impression that it was quite useless to keep up the
corporation.
The late proprietor of the manor, Mr. Coddington, sold it some years ago, but has
retained the books of the corporation, considering the corporation as, still, his own property.
At present there are only six burgesses living.
There is a recorder, but he performs no official functions.
No court has been held in the borough within memory.
The sovereign never exercised any other privilege granted by the charter than that of pre-
siding at the meetings of the corporation, which appear to have been held merely to preserve
its existence, as the means of returning the nominees of the lord of the manor as members to
serve in Parliament.
There are four Fairs held under the charter; 5th July, 11th December, 14th May,
19th September.
Tolls are demanded at these fairs upon all cattle which have been sold in the fair.
The tolls are now leased for £6 a-year.
There are six other fairs in the year, at which no toll is demanded.
The town contained, according to the enumeration of 1831,
Males - - * - * º - tºw tº- 324
Females º - sº ſº º - º- sº 386
Total - — 710
Families chiefly employed in agriculture - - L- 31
, in trade, manufacture, or handicraft - gº 56
, not comprised in those two classes - - 55
*
Total — 142
=a-a-
DUNLEER.
LIMITs.
CHARTER.
CoRPoRATE BoDY.
Style.
Classes.
Sovereign.
Burgesses.
Freemen.
Recorder and
Town Clerk.
Inferior Officers.
Union Compen-
sation.
Gradual Decay of
the Corporation.
JURISDICTIon.
FAIRs.
Tolls.
STATE of THE
Town
Population.
EOUTH.
918 REPORTS FROM.COMMISSIONERS’ON
DUNLEER,
Houses inhabited - º wº º º wº º
22 uninhabited - º * * * tº- -
... building - - - - - - -
Total t-
There are only about 14 houses of the annual value of £10.
We send herewith a list of the existing burgesses and freemen.
130
— 130
WILLIAM ELLIOT HUDSON, . . .
*MATTHEW RICHARD; SAUSSE, }commissioners.
Inquiry held 16th September 1833.
MUNICIPAL CORPORATIONS IN, IRELAND.
949
R. E. P. O. R. T
ON
T H E B O R O U G H OF H I L L S B O R O U G H.
920 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs & o & e © tº ſº º © 92.1
CHARTER . e º o & gº e & 921
Books, &c. sº te © o o º * 921
CoRPortATE Body . ſo tº º & g º • 92.1
Style º Q wº o © © o º 92]
Classes ſº * * º wº & tº & © 921
Officers e º * wº ſº e º & 921
Election of
Sovereign . O Ç C J º º © 92.1
Burgesses . o © ſº º º tº tº 921
Freemen . Q © o e g o Q 921
Recorder and Town Clerk tº e © & o 921
Inferior Officers . te ge tº e tº e 921
Functions of
Sovereign e tº * e gº & * > 92]
The other Members e Q Q e. * > © 922
JURISDICTION e e g Q Q tº g te 922
Manor Court tº º ſº i.e º ſº o 922
Court Leet . O o © § sº ſº e 922
Quarter Sessions . e © ſº . C © 922
Petty Sessions . * º gº o te tº 922
Prisons © ge º & © sº & tº 922
MUNICIPAL REGULATIONs sº e tº © e e 922
Police º g & ſº g º tº tº 922
Repair of the Streets, &c. tº e iº ſº t 922
Schools ſº e * e & de tº te 922
FAIRS AND MARKETs C tº º tº ſº tº º 922
Tolls ſº tº tº wº * wº g º 923
Weighmaster tº * dº ſº & tº * > 923
STATE of THE Town e tº Ö e e de ſº 923
Population . º ſº º & e © © 923
MUNICIPAL CORPORATIONS IN IRELAND. 921
DOWN.
BOROUGH OF HILLSBOROUGH.
KING CHARLES II., by his charter 19th December, 14 Car. II. A. D. 1662, granted
to Arthur Hill, that the lands in that charter named should be a manor by the name of
the Manor of Hillsborough; and by the same charter ordained, that 100 acres of land, in
the town and lands of Hillsborough, should be a free borough and corporation, and be called
the Borough and Town of Hillsborough, “the said town already built, or to be built, erected,
and made in the most convenient place of the said 100 acres, to be appointed and set forth
by the said Arthur Hill, his heirs and assigns; and the said 100 acres so set forth, and
the meares and bounds thereof, to be certified by the said Arthur Hill, his heirs or assigns,
into our High Cºurt of Chancery, under his or their hands and seals, there to remain of
record.” g
These 100 acres have not been set out, but are supposed to be the 100 acres lying in a
circle round the market-house of the borough, as a centre.
The above Charter is enrolled in Chancery. (Rot. Pat. 13 Car. II. p. 1. m. 25, d.)
There does not appear ever to have been any other charter of this hº
There is a Book in the hands of the sovereign containing entries of the proceedings from
1773 to the present time. There is no trace of any earlier book.
The corporate name is “The Sovereign, Burgesses, and Free Commons of the Borough and
Town of Hillsborough.”
The corporation, by the charter, consists of a sovereign, 12 burgesses, and freemen.
The “Recorder and Town Clerk” is the only inferior Officer appointed.
The Sovereign is eligible, annually, on the Monday after the Feast of Saint John the
Baptist; and holds for one year, from the Monday after the Feast of Saint Michael next
€IlSUll Il Cº.
*ight of election is placed by the charter in the entire body. The sovereign is to be
elected out of the burgesses.
The election to the office of Burgess is exercised, in point of form, by the remaining
burgesses, but, in truth, all are the nominees of the Marquis of Downshire, the heir of
Arthur Hill. The Marquis of Downshire is the “patron” of the corporation, and received
the compensation for the disfranchisement of the borough, at the period of the Union,
amounting to £15,000.
The office of burgess is considered of little importance. The burgesses are not sworn
on admission. &
The entire number of the burgesses is kept up.
Only two of the burgesses are resident.
The admission of Freemen is vested in the sovereign and greater number of the
burgesses; the charter did not incorporate the inhabitants, and only three freemen were
named in it; there are not at present any freemen, except Lord Talbot, and one or two
of his friends, who were admitted as honorary members.
No Roman Catholics have been admitted into the corporation; indeed the notion seems
to exist here that Roman Catholics are not yet admissible by law into corporations, although
the disabilities were removed in 1793.
The stamp duty has not been paid on admissions to this corporation, nor are any corporate
fees received.
Power is given by the charter to “Arthur Hill, his heirs and assigns,” to nominate some
one discreet and sufficient person, learned in the laws, to be “Recorder and Town Clerk" of
the borough, to hold during his and their pleasure, and to use and exercise “all such juris-
dictions and authorities as the recorder and town clerk of the burroughs and townes of
Benachire, alias Banagher, Carieſorte, or Jamestowne, doth or may lawfully use in the sayd
burroughs.”
A recorder is so appointed, but does not use or exercise any jurisdiction or authority.
The charter proceeds to grant “to the sayd sovereign and burgesses” power to appoint
“one serjeant at the mace, and all other Inferior Officers and ministers,” who are to hold
during the pleasure of the sovereign and burgesses, as fully and freely as the like officers
in the borough of Banagher ought to do. In the next sentence, the power of electing the
officers out of the number of freemen and inhabitants is given to “ the sayd sovereign,
burgesses, and free commons.”
But no such officers are chosen in fact, and therefore the discrepancies are unimportant.
The Sovereign has power, by the charter, with the consent of the major part of the bur-
gesses, to name one of the resident burgesses to be his deputy.
He is empowered, notwithstanding the statute of 11 Eliz., “to tann all manner of leather
whatsoever within the sayd burrough and towne of Hillsborough.”
M. C. I. 1I A
HILLSBOROUGH.
LIMITs.
CHARTER
Books, &c.
CoRPoRATE Body.
Style.
Classes.
Officers.
Election of Sove-
reign.
Burgesses.
Freemen.
Recorder and
Town Clerk.
Inferior Officers.
Functions of
Sovereign.
DOWN.
922 REPORTS FROM COMMISSIONERS ON
IHILLSBOROUGH,
The other
Members.
JURISDICTION.
Manor Courts.
Court Leet.
Quarter Sessions.
Petty Sessions.
Prisons. .
MUNICIPAL
REGULATIONs.
Police.
Repair of the
Streets, &c.
Schools.
FAIRS AND
MARKETs.
He, or his deputy, is made coroner within the borough.
He (and his deputy in his absence) is made a justice of the peace “within the bounds and
lymitts of the sayd town and precinctes thereof.” with all the powers of a justice of the peace
of the county of Down; and he is further invested with the like powers “for the space of
one whole yeare, next after the yeare of his government.”
Some of the sovereigns have acted as magistrates at petty sessions held within the borough,
but the present sovereign has declined to issue summonses, in consequence, as he states, of his
being ignorant of the limits of the district over which his jurisdiction extends.
There is no salary or emolument of any kind attached to the office. The Marquis of
Downshire gives twenty guineas annually to the sovereign to entertain the burgesses upon
the days of election and swearing in.
The other Members of the corporation are empowered by the charter to build a tholsel,
To be a free guild mercatorie, g
To make such bye-laws as may tend to the good and wholesome government of
the said borough and town, and to the public benefit of the inhabitants of the same,
which are to be good and effectual to bind all the “inhabitants of the said burrough
and towne.”
They are likewise empowered to “sell and make aquavite, and buy and sell wine, ale,
beer, and all kind of victualls whatsoever, and keepe taverns for wine, ale-houses, and
i. houses within the said burrough and towne, without obtaining any manner of
cense.”
y They are exempted from being returned or impaneled upon any jury in any other place
than within the borough, or the courts to be held within the manor of º
These privileges do not appear to have been exercised.
There is no borough court created by the charter, and the office of recorder is therefore
merely nominal.
The charter creates certain Manor Courts, of which the semeschal, to be appointed by
Arthur Hill, his heirs and assigns, is judge, viz., a Court Leet, and view of frankpledge
twice in the year, as directed by statute, (Magna Charta, c. 35,) with power to inquire of
felonies, trespasses, deceits, nuisances, and all other offences arising within the manor. Also,
a court, in the nature of a Court Baron, once in three weeks, or seldomer, with jurisdiction
in debt, covenant, accompt, contract, detinue, and other matters wherein the debt and damages
exceed not 40s. ; and also a law day, or Court of Record, with jurisdiction in debt, detinue,
trespass, replevin, withernam, second deliverance, and all other personal and mixed actions
whatsoever, wherein the debt or damages exceed not the value of £200, arising within
the manor.
The seneschal also proceeds under the Civil Bill Jurisdiction conferred by statute.
The ſees received by the seneschal are those arising from his courts, and the “leet money”
paid by Lord Downshire's tenants within the manor, viz., 8d, for every head tenant, 4d. for
each under-tenant or cottier.
The Civil Bill Jurisdiction is always resorted to in preference to that by common law, except
when the advantage of the process of attachment is more than commensurate to the increased
eXpel].SG.
#. attachment is granted as of course, upon an affidavit, stating the cause of action only,
except the amount of the debt is very small, when the affidavit must state an apprehension
of the removal of the goods. The provisions of the 36 Geo. III. c. 39, requiring that the
affidavit should state that the cause of action accrued, or that the defendant resides within
the jurisdiction, are not complied with.
Twenty-six causes have been tried in one day.
The costs upon an attachment, in proceeding by way of record in the Seneschal’s Court,
amount to 18s. 4d.
Upon proceeding to judgment for the plaintiff, the costs are £3 15s. 2d.
When the defendant has a verdict, f28s. 4d.
The Court Leet was in disuse for 10 years before the present seneschal was appointed. In
1828 a presentment of a farthing an acre was made “to meet contingent expenses,” but no
levy has as yet taken place. *
The Quarter Sessions for the division of Newry, in the county of Down, are held here twice
in the year, when the assistant barrister of that county also exercises the Civil Bill Jurisdiction
given to him by statute.
Petty Sessions, also, are held in the town, as already mentioned.
Two places called “Black Holes” have been used as temporary places of confinement; a
district Bridewell under the 7 Geo. IV. c. 74, was in progress of building at the time of our
Inquirv.
% Hºly of the county constabulary form the only Police force in the borough. There is
no provision in force for lighting or watching the town.
The Streets of the town, and the roads within the district, are repaired by presentment of
the grand jury of the county of Down at assizes.
There are not any Schools connected with the corporation.
borough are supported by subscription.
Fairs, to be held in Hillsborough on the first Wednesday of every month, between the
1st of March and last of November, and a market on every Thursday, with a Court of Pie
Poudre, and “all and singular tolls, perquisites, profits, &c., to the said several fairs, markets,
and court belonging,” &c., were granted by the charter to Arthur Hill, his heirs and
assigns.
Two parish schools within the
MUNICIPAL CORPORATIONS IN IRELAND. 923 DOWN.
g gº H } e
No Tolls have been taken in the town for the last 50 years by any person. hºnosovan
•ºv, , ; hire has appointed a Weighmaster for the borough, to whom he ºr.
The Marquis of Downshire pp É gn, Weighmaster.
leases the fees of the office, both at the corn market and shambles' crane, for £8 a-year.
The charges made at the market crane are, f
Potatoes, per sack
Meal, ditto - wº gº tºg ſº tºp fº
Corn of all sorts, ditto
Butter, per firkin - sº • , sº sº - .
At the shambles' crane,
Beef, each carcass * † gº *g gº sº
Mutton, &c., ditto º tºº tºº sº gº
These charges are not warranted by the statutes 4 Ann. c. 14, 25 Geo. II. c. 15, regulating
the duties and fees of weighmasters. The legal charge should not exceed Id. for any
draught over one cwt., and #d. for each draught under one cwt., and potatoes are specially
exempted from any charge for weighing. This officer has not been sworn as weighmaster.
He considers it optional with persons to weigh at his crane or elsewhere.
This corporation has not at any time been possessed of any property.
i
:
STATE of THE
Town.
The Population, according to the census of 1831, was as follows: Population.
Males dº G- sº * assº gº *. tº 702
Females - º *- º tº º egº gº 751
Total * — 1,453
Families chiefly employed in agriculture - dº 67
,, in trade, manufacture, or handicraft - 95
, not comprised in those two classes - 109
Total sº — 271
Houses inhabited gº gº & sº tºº * * 207
2.5 uninhabited - gº & º & sº 5
35 building ſº º uº. gº wº sº 2
Total sº 214
A return made to the Board of Health in 1832, by the same person who made the
enumeration of 1831, gave the total of the population as only 1,318.
WILLIAM ELLIOT HUDSON, } Commissi
MATTHEW RICHARD SAUSSE, 07/07/1/2.SS2070627°S,
Inquiry held 12th October 1833.
M. C. I. 11 B
924 REPORTS FROM COMMISSIONERS ON
MUNICIPAL CORPORATIONS IN IRELAND. 925
R. E. P. O. R. T
ON
T H E B O R O U G H OF KILL I L E A G H.
926 - REPORTS FROM COMMISSIONERS ON .
C o N T E N T S.
Page
LIMITs © e © o •. º º © © 927
CHARTER . º © e º Q Q © º 927
Books of Proceedings . o º Q © o 927
Corporate Body . . © © º º º * 927
Style o e r e s º º º © 927
Provost . e º e de O º o 927
** Free Burgesses . Q © © e © gº 927
Freemen • º w e e º Q 927
Town Clerk º o º & º º © 927
Serjeants at Mace o o e o • • 927
Remarks on the Constitution e º º e 927
JURISDICTION e © e e o tº © © 928
Borough Court . • . G • © º 928
Manor Court o e e c º o o 928
Prison © © º e & º © © 928
MUNICIPAL REGULATIONS e o o º e º 928
Police & Q O' e tº o º O 928
Repair of the Streets, &c. . . o © º o 928
Corporation Jury o e º © o o 928
Commons . © O º * tº . 928
Remarks º O 0. © * & o 928
Schools º º º © © o . . . 928
Pier and Quay . © ſº tº º © & 928
FAIRs and MARKETs e J) e * > Q º e 929
Tolls and Customs o . e © e e 929
Cranemaster © O o O º º g 929
CoRPortATE PROPERTY . g o Q O º O 929
Commons . © tº o ſº º º 929
Court and School House . g e & o 929
Pound tº º º g Q e © e 929
STATE of the Town © Ö © o O tº Q 929
Population o o º º Q e e 929
Documents O © © o º º o 929
MUNICIPAL CORPORATIONS IN IRELAND 927
DOWN.
BOROUGH OF KILLILEAGH.
1. THIS Borough is situate in the county of Down, upon an arm of Lough Strangford,
and within five miles of Downpatrick, the assize town of the county....The charter describes
it as “Vill. de Killileagh in le Duffrine.” It is in the parish of Killileagh and barony of
Dufferin.
The limits of the borough extend about one mile by half a mile over the town lands of
“ Castlewilliam, “ Corbally,” and “the corporation,” and contain about 1,173 acres.
2. The Charter bears date the 10th March, 10 James I. (A. D. 1612), and is stated to
have been made at the petition of the inhabitants of the town. It is enrolled (Rot. Pat.
10 Jac. I. p. 4, m. 50.) A
A Book of Proceedings of the corporation, commencing in 1761, was produced to us.
Some account was given to us, in evidence, of the mutilation and loss of the older corporation
books and other documents.
The title of the Corporation is “ the Provost, Free Burgesses, and Commonalty of the
Borough of Killileagh.”
The Provost is, by the charter, eligible annually by and from amongst the free burgesses
on the Feast of Saint John, and holds for one year from the ensuing Michaelmas, and until
another free burgess be sworn into the office. The provost is, in general, annually elected,
but occasionally holds over until a new provost is sworn in.
He is constituted by the charter judge of a Borough Court of Record, with jurisdiction in
personal actions to the extent of five marks; but this court has long been disused. He is
also clerk of the market within the borough; and, before the Union, was the returning
officer upon elections for members to serve in Parliament. He has no salary or official
emolument.
The number of Free Burgesses is limited by the charter to 12. They hold during good
behaviour. The charter directed that they should be elected from the inhabitants, but that
qualification was dispensed with by the 21 Geo. II. c. 10, s. 8. The power of filling
vacancies is vested in the provost and remaining free burgesses, or the greater part of them.
The provost and free burgesses, before the Union, returned two members to the Parliament
of Ireland.
None of the Acts conferring local powers on the provost and free burgesses (as to appoint-
ing a weighmaster of butter, supplying pipe-water, &c.) appear to have been called into
action in this corporation. The free burgesses do not now perform any duties except those
of occasionally attending meetings for the election of officers, &c. There are no emolu-
ments of any kind attached to the office. Seven of them are non-resident.
The present number of Freemen is supposed not to exceed 12. They do not attend any
of the meetings of the corporation. The charter went to incorporate all the inhabitants in
the usual form of the charters of the same date, but the right of admission has not been
insisted upon, at least in modern times. All admissions into the corporation appear to have
taken place by special favour, and usually without the application of the person elected.
We are disposed to infer here, from the existence of such an institution as the “Cor-
poration Jury, which we shall presently notice, that the right of freedom by inhabitancy
formerly prevailed. º
The appointment of a Town Clerk has lately been entered on the corporation proceedings,
but no duties appear to be attached to the office, nor are any emoluments derived from it.
Two Serjeants at Mace are named in the charter, but none are now appointed. The
appointment of these and of other inferior officers is vested in the whole body of the
º
he provost, from the earliest period (1761) to which the books produced to us refer, has
been, almost without exception, either the land agent or a member of the Blackwood
family; the head of which (Lord Dufferin) received the compensation of £15,000 for the
extinction of the elective franchise at the time of the Union. He continues to exercise a
predominant control over all the acts of the corporation, and admissions to freedom are in
fact made at his nomination, though, in form, the act of the provost and free burgesses.
The election of members of the corporation appears to take place without having a legal
number present. This appears a natural result from the elections of free burgesses and
freemen being made without reference to residence as a necessary qualification, and from the
inutility of the corporation as at present constituted.
No Roman Catholics have been admitted in this corporation since 1793, when they were
rendered eligible. One Protestant Dissenter has been elected a free burgess.
KILLILEAGKI.
LIMITs.
CHARTER,
Books of Proceed-
ings.
CoRPoRATE BoDY.
Style.
Provost.
Free Burgesses.
Freemen.
Town Clerk.
Serjeants at Mace.
Remarks on the
Constitution.
DOWN.
928 REPORTS FROM COMMISSIONERS ON
KILLILEAGH.
JURISDICTION.
Borough Court.
Manor Court.
Prison.
MUNICIPAL
REGULATIONS.
Police.
Repair of the
Streets, &c.
Corporation Jury.
Commons.
Remarks.
Schools.
Pier and Quay.
The Borough Court of Record has long been disused.
The corporation district is comprised within the manor of Killileagh and Killinchy.
Archibald Hamilton Rowan, Esq., as lord of the manor, appoints the seneschal, who holds
a Court, Leet once in the year, at which a market jury, petty constables to collect the county
cess within the manor, and appraisers, are appointed. The semeschal also holds a Court of
Record from three weeks to three weeks, with jurisdiction to the amount of £10 Irish. Upon
goods being attached, the debt is usually settled. Bail is taken before the bailiff of the court,
as well as before the seneschal. The court has been usually held in a room in a public
house in the town.
The only place of confinement in the town is that called “ the Black Hole,” which is said
to be under the care of the provost for the time being.
The county magistrates commit to this prison, but only as a place of temporary confinement,
º not for a longer period than one night. It is stated to be a “wretched and unwholesome
place.”
A party of the county constabulary stationed in the town form the only Police force within
the district.
The Streets and Roads are repaired by presentment of the county of Down grand juries at
assizes. There is no provision made for lighting or watching the town.
The “Corporation Jury,” which we have mentioned, is constituted of a foreman and 12
other jurors, who are named by the provost, and, when once sworn, are jurors for life,
unless removed for misbehaviour by the provost, who considers that his power of removal is
discretionary. They are selected from the householders who have been resident seven years
within the borough. The present foreman, (who is Lord Dufferin's steward,) is a freeman.
This jury appoints annually the following officers:
Two Prizers and a Thirdsman.
Constable.
Pound-keeper and Town Serjeant.
Cranemaster.
Also the Herdsman of the Commons.
The principal business of the jurors consists in the regulation of weights and measures,
and of the grazing of the commons.
By deed dated the 8th of March, 1652, Lord Claneboy recited, “ that his father, in his
lifetime, had purposely laid off the Commons belonging to Killileagh for the only benefit of
those which had not town acres either for corn or grass; which good intention of his towards
them they had been deprived of, since the breaking out of the rebellion, by the richer and
abler sort,” and he required and authorized the provost “ to appoint and agree with a
herd for the cattle belonging to them in the town which want land, charging him to preserve
the said commons for their only use.”
According to one statement, the ground so allocated contained about 100 acres. The
commons, as at present enclosed, contain only about 57 acres. They have been taken under
the control of the Corporation Jury, by whom a regulation has been made, that inhabitants
must be resident seven years before they are eligible to derive any advantage from the
commons. They (the jury) collect about £14 annually from the owners of cattle grazing,
and expend it in various necessary outlays on the commons.
Well-grounded complaints have been made to us of the original intentions not being ful-
filled, by means of a partial distribution of the right of commonage to members of the jury,
and others, who possess land, and do not come within the meaning of the grant.
There is not now any public School connected with the corporation; a school is supported
by Lord Dufferin.
It appears that James, the first Lord Clanbrassil, devised £20 a-year to “the school at
Killileagh,” to be duly paid for the masters enabling of them to educate poor scholars.
On the same will the present Lord Dufferin rests his title to the property. We have mentioned,
in our Report upon the town of Bangor, a similar bequest made by this will for the school of
that town. ~
Payment of this bequest has not been made for many years. “The school of Killileagh.”
seems to have belonged to the corporation, for, the only ancient school, of which there is any
trace, is that which was held on premises belonging to the corporation, which they gave up
to Mr. Stevenson in 1725, as hereinafter mentioned; and we have it in evidence that in the
then newly-acquired premises a school was afterwards held, at which the present Lord
Dufferin, and others of the inhabitants, were educated. The premises (the market-house)
have long become ruinous. *
By an Act (5 Geo. III. c. 1, s. 7.) of 1765, a grant was made of “ the sum of £1,200 to
John Blackwood, Esq., to erect a pier at Killileagh, in the barony of Dufferin, in the county of
Down, the said John Blackwood giving security by recognizance before one of the Barons of
the Exchequer for the execution of the said work, and that no further sum shall be requested
from Parliament for completing the same.” There is a Pier, or Quay, for vessels to unload
at, which, it appears, was built originally from the funds arising from the above grant. The
road-way upon the pier has been repaired by county presentment, and appears to have been
considered public property. However, Lord Dufferin has of late claimed the ownership of
it, and exercised the right of preventing vessels from making use of it without paying the fees
demanded by his agent. o
The inhabitants allege that the pier has been built on ground which lay between the high
and low sea-mark. That soil, primá facie, belongs to the Crown; and, even if it belonged
MUNICIPAL CORPORATIONS IN IRELAND. 929
DOWN.
to Lord Dufferin, the exaction of quayage, where the pier has been founded by such a
rant as the above, appears unreasonable. e
The charter granted to the corporation a free Market on every Monday, and two Fairs
annually, viz. on every Trinity Monday and the day following, and on the Feast of Saint
Andrew, and the day following, except the feast happened on Saturday or Sunday, and then
on the Monday and day following. No grant of toll is contained in the charter.
No Tolls or Customs have been for many years collected in the town, but formerly it seems
the corporation did assume a right of levying toll.
The Cranemaster appointed by the “ corporation jury” claims fees as weighmaster.
He charges one halfpenny for sº cwt. of corn, meal, &c., weighed at his crane. For the
weighing of meat his charges are,
Beef, each carcass tº
Pigs and sheep, ditto -
Each hide - - º
Cake of fat º • - sº <--> w
In these respects, the fees charged by the cranemaster exceed the sums allowed by the
statutes regulating the amount of the weighmaster's fees, 4 Ann. c. 14, 25 Geo. II. c. 15.
The Commons, above described, form the only available Property of the corporation.
In 1725, it appears, the corporation were in possession of a tenement then commonly
known by the name of “The Court and School House,” and conveyed it to James Stevenson,
Esq., one of the proprietors of the estate of Killileagh, and in consideration of that assign-
ment, Mr. Stevenson demised, to the sovereign, burgesses, &c., in trust for the corporation,
premises, described as follows, “all that part of the old house or walls of Killileagh, formerly
possessed by John Campbell, containing in length 38 feet, and in breadth 38 feet, bounded
on the east with the Bridge-street, and on the west with Thomas Clarke's holding,” to hold
for lives renewable for ever, at the yearly rent of a pepper-corn at Michaelmas, if demanded,
and a pepper-corn for renewal. Upon this ground the market-house was built.
It is alleged, apparently with truth, that #. Dufferin has lately taken possession of a
small portion of the ground belonging to the corporation market-house, and assumed the
power of leasing it, with other property of his Lordship's, immediately adjoining.
The corporation had an ancient Pound in Killileagh; but this having become ruinous, and
not being conformable to the Act 6 Geo. IV. c. 43, it was given up by order of the provost
and corporation jury to Lord Dufferin in 1828, Lord Dufferin granting to the corporation in
lieu of it “ground in an eligible situation below James Shaw's garden, adjoining the river,
and near the bridge of Killileagh,” on which he had caused a pound to be built, conformably
to law, at his own expense.
The Population of this borough, as returned in the census of 1831, was as follows:
Males, 536; females, 611. Total -> tº 1,147
->ºwº
ººº
:
Families employed chiefly in agriculture sº cº- - - 39
55 in trade, manufactures, or handicraft -> º - 78
J3 not comprised in those two classes - * tºº - 100
Total gº — 217
Houses inhabited º gº - º - 189
, uninhabited - Qº º º &º 8
, building º g- º cº- - 10
Total gº 207
The town is stated to be improving, but is still extremely limited in extent and population.
We send with this Report copies of the following Documents:
Extracts from Corporation Proceedings.
Oaths.
Extracts of Proceedings of Corporation Jury, 1828–1833.
Lord Claneboy's Confirmation of Grant of Commons, 1652; case respecting
the Commons.
Extract from Lord Clanbrassil's Will.
Memorial respecting Compensation in 1800.
:
:
WILLIAM ELLIOT HUDSON, } Commissione
MATTHEW RICHARD SAUSSE, j 90mmºners.
Inquiry held the 16th day of October, 1833.
M. C. I. 11 C
KILLILEAGEI.
FAIRs and
MARKETs.
Tolls and Customs.
Cranemaster.
Corporate
PROPERTY.
Commons.
Court and School
House.
Pound.
STATE of the Town.
Population.
Documents.
930 REPORTS FROM COMMISSIONERS ON
N
MUNICEPAL CORPORATIONS IN IRELAND. 931
R. E. P. O. R. T
ON
T H E B O R O U G H O F L I S B U R N E.
M. C. I. }I D
932
REPORTS FROM COMMISSIONERS ON
M
C O N T E N T
LIMIts tº ©
CHARTERs . º
Elective Franchise
JURISDICTION º
Manor Court
Court Leet
Officers and their Salaries
Petty Sessions
Gaol
MUNICIPAL Regulations
Police, &c.
Charities .
º
&
Leet Grand Jury
Presentments
©.
Philanthropic Society .
Statute incorporating Charitable Society
FAIRS AND MARKETs
Tolls and Customs
Weighmaster
STATE of THE Town
Population
Documents sent
©
&
MUNICIPAL CORPORATIONS IN IRELAND. 933 ANTRIM.
LISBURNE.
BOROUGH OF LISBURNE.
THE Borough of Lisburne, or Lisnegarvie, is situate in the parish of Lisburne, or Blaris, LIMITs.
and barony of Upper Massareene, and county of Antrim.
1. The ancient Limits of this borough are very nearly co-extensive with those established
by the Boundary Act, 2, 3 Will. IV. c. 89, as its boundaries in respect to the election of
Members to serve in Parliament. A small portion of the county of Down has been included
by that Act within the limits.
2. By patent, dated the 3d January, 1627, (Rot. Pat. 3 Car, I. p. 4, m. 8,) granted to CHARTERs.
the Wiscount Conwey and Kilultagh, King Charles I. created the manor of Kilultagh,
within which manor the borough is situate, and gave power to the patentee to hold Courts
Leet, &c. -
A Charter dated 27th October, 14 Car. II. A. D. 1661, (Rot. Pat. 14 Car. II. p. 1, m. 14.)
granted the right of returning two Members to the Parliament of Ireland to “the inhabitants
and their successors,” the election to be made “modo et formá prout in alio aliquo burgo
dicti regni nostri Hib. usualiter aut ab antiquo factum fuit aut nunc solet fieri, non obs, quod
Inh. non incorporati existunt.”
3. A municipality not having been created by this charter, the borough has only existed for Elective Franchise.
Parliamentary purposes. All the inhabitants originally, and in later times the great body
of them, subject to the restrictions from time to time prevailing, first under the popery laws,
2. Ann. c. 6, s. 24, and afterwards under the several statutes, 21, 22 Geo. III. c. 21, and c.63,
35 Geo. III. c. 29, regulating potwalloping boroughs in this country, have exercised the right
of voting at elections for the return of Members to serve in Parliament. Since the Act of
Union the borough has returned one Member to the Imperial Parliament.
The constituency is now composed of £5 (Irish currency) inhabitant householders under
the 35 Geo. III. c. 29, s. 55, and £10 (British currency) householders, under the Reform
Act, 2, 3 Will. IV. c. 88.
The number of voters registered up to December, 1834, was stated to us to be 91.
The charter directs the sheriff of Antrim to send his precept to the seneschal of the manor
of Kilultagh.
The semeschal has always acted accordingly as the returning officer of the borough.
He is nominated by the Marquis of Hertford, the proprietor of the manor.
4. The semeschal holds a Manor Court within the borough, on Wednesdays, from three weeks Jurisdiction.
to three weeks. His jurisdiction in his Court of Record, according to the course of the Manor Court.
common law proceeding by attachment of goods, extends to £20 of the former currency of
Ireland, i. e. £18 9s. 2; d.
The form of affidavit of debt used in this court states, that the cause of action arose, and
that the defendant resides within the manor and jurisdiction of the court, as required by the
36 Geo. III. c. 39.
Records of all ... in the court are filed, and must be signed by attorneys of the
superior courts. Costs are taxed by the semeschal, and recovered under his warrant. The
officers of the court are a marshal and five bailiffs, who have fees on the proceedings. We
send a list of the fees taken in this court.
The costs on attachment of goods amount to 19s. 1d.
The costs to final execution,
:
S.
When the defendant does not appear - - 2 16 1
When the defendant appears and gives bail tº 6
The usual Civil Bill jurisdiction given to Manor Courts
by the statutes 25 Geo. III. c. 44; 27 Geo. III.
c. 22; 7 Geo. IV. c. 41; and 7, 8 Geo. IV. c. 59,
is also exercised. The costs upon a decree
amount to - - - - - gº 0 7 8
5. The seneschal holds a Court Leet twice in every year, (Magna Charta, c. 35,) at periods Court Leet.
* to the winter and the summer assizes respectively, and a leet grand jury is sworn
at each.
6. These grand juries exercise the jurisdiction of presenting nuisances, and appointing Lect Grand Jury.
applotters, constables, and appraisers. They also present money to be levied on the manor.
The proceedings of the winter leet are usually confined to matters connected with the
town; those of the summer leet are for the whole manor.
The manor is divided into seventeen constablewicks, and a petty constable is appointed by
the leet grand jury for each. The leet grand jury is composed of landholders, who are sum.
moned by the respective constables from each constablewick. -
ANTRIM, .
34 REPORTS FROM COMMISSIONERS ON
LISBURNE.
Presentments.
Officers and their
Salaries.
Petty Sessions.
Gaol.
7. In presenting money, the grand jury either direct that it shall be levied “off the manor”
at large, or confine it to some particular denomination, or denominations, as “the town of
Lisburne,” &c. {
The objects of their Presentments are various, as for salaries, for the repairs of bye-roads,
and for other works.
The amounts presented are moderate, the works useful, and no complaint exists of any
mismanagement of the funds; but the legality of the proceedings for the levying of money
for the repairs of roads, for salaries, &c., seems very questionable.
An Act of 1705, 4 Ann. c. 6, appears to have sanctioned the presentments of the seneschal's
court; but the levying of money by the presentments of grand juries was by that early statute
confined within strict limits, and, under the subsequent Acts upon the subject, the power
appears to have been vested exclusively in the grand juries at the assizes; we refer to the
5 Geo. III. c. 14.; 13, 14 Geo. III. c. 32.; 36 Geo. III. c. 55., and the several statutes cited
in and repealed by those Acts, as well as to the more modern enactments of the 3, 4 Will.
IV. c. 78, and the statutes therein referred to.
An Act of 1719, (6 Geo. I. c. 10, continued by 8 Geo. I. c. 10, and made perpetual by
10 Geo. I. c. 3,) enabled the seneschal and jury of the leet, within manors or liberties, to
appoint watch-houses, and the districts which should contribute to the building, repairing, and
keeping of them, and keeping the watch therein, and to provide watch-bills, staves, and
halberts, for arming the watch, and necessary fire and candles; to be paid for by the manors
or liberties; and the Act directed that the money raised should be paid to the persons by
such presentment appointed overseers of the work, to be laid out for such uses only, and to
be accounted for, on oath, at the next Court Leet.
We have found the following enactments relative to the constables, appraisers, and applot-
ters appointed by leet juries:
An Act of 1749, 23 Geo. II. c. 14, recognises the appointment of petty constables at leets:
The statute relative to pawnbrokers, 26 Geo. III. c. 43, recognises appraisers as theretofore
regularly elected and sworn in certain districts, or jurisdictions, and having certain duties
according to ancient and established usage and custom, which are not to be thereby altered
or abridged, save as to the appraisement and sale of forfeited pledges pursuant to that Act.
The duty of the appraisers in the manor of Kilultagh is said to be the valueing of damage
done by cattle trespassing on land; an Act of 1797 (37 Geo. III. c. 36,) provided for the
appointment of arbitrators for this purpose: that Act was superseded by a similar Act of
1800, (40 Geo. III. c. 71,) and, in that, a clause saving the rights of manors was intro-
duced; but now, under an Act of 1826, (7 Geo. IV. c. 42,) amending the former, the
appointment of appraisers for the purpose, in each parish, is vested in the magistrates at
quarter sessions; so that it may be questioned, whether the appraisers of the manor courts are
ow the legal appraisers in this respect.
The applotters appointed by the leet jury are said to applot the proportion of the county
cess on the manor, but that appears not in conformity with the Act 36 Geo. III., c. 55, s. 53.
The amount of the levy of the summer leet of 1833 on the manor was £166 6s. 10}d.
8. The Salaries presented by the leet jury for these Officers are as follows:
S.
The present and
latetreasurerhave
Treasurer to grand jury < . gº º tº - 20 0 0 given this salary
to the poor.
Secretary to ditto tº e ſº tº sº dº - 10 0 O
Town crier tº sº sº wº &E. sº gº 4 0 0 Th lari
Ditto to purchase of coat sº sº gº sº 1 5 0 nese . º 9. TG
Keeping streets clear of beggars - sº sº - 10 0 0 j l y one
Keeping streets clear of pigs tº a gº wº gº 3 O 0 II] (11W1CiUlal,
Ringing market bell - " - - - - - 2 0 0 } These salaries are
Winding church clock of town tº * * º & lº 3 0 0 ) paid to one person.
Keeping town clocks in repair tºº tº e gº tº 8 8 0
Winding market-house clock sº tº * - # * 3 () 0
Taking care of the measures of the town º º 2 2 O
Taking care-of chain at quay nº º ſº tº dº 1 1 0
Taking care of the butter market - sº sº gº * 9 9 Ditto
To purchase coat - tº a * , º gº tºº 1 5 0 | *wo.
Taking care of pump - - - tºº -, - 0 10 ()
Taking care of court-house - º tº gº gº 2 O O
Taking care of market-house sº gº tºº tº 2 0 0
Taking care of meat market, and inspecting the meat 4 0 0
For summoning the leet jury in the town º wº 1 0 ()
The several constables of the manor are paid by a poundage on
collecting the cess, both
for the county and the manor. &
9. The neighbouring magistrates hold Petty Sessions in the town on every Tuesday.
The seneschal is not a justice of the peace, and the want of a local magistrate is much
filt. Many offences of a minor character are allowed to remain unpunished, owing to the .
iſ convenience attending the prosecution, arising from the distance at which the nearest
magistrates reside. Some of the inhabitants are even willing to pay an annual stipend to
a resident magistrate.
10. There is a marshalsea or manor Gaol in the borough, under the custody of the marshal of
MUNICIPAL CORPORATIONS IN IRELAND. 935
ANTRIM.
the Manor Court. Since the passing of the 7 Geo. IV. c. 74, it has been disused as a place of
confinement for the person, and is now made use of as a place of custody for goods attached
until bailed.
11. The Municipal Affairs of the borough are principally managed by the leet grand
jury and their officers, as already mentioned.
12. There is no local Police belonging peculiarly to the town; the duty is performed by the
county constabulary. The provisions of the Acts of Parliament for lighting, watching, &c.,
have not been introduced here.
13. Several charitable bequests have been made for the use of the poor of the town, which are
placed under the control of the rector and curates of the parish of Blaris, in which the town is
situate; they are chiefly disbursed by a voluntary association called the “Lisburne Philan-
thropic Society.” t
John Leigh, who died in 1720, bequeathed a sum of £200, which has long been appro- --
priated for the benefit of the poor of the town; but the terms of his will are not now known.
This money has been lent out upon the bond of Nicholas Delacherois Crommelin, dated.
10th December 1817, passed to the Rev. Snowden Cupples, rector of the parish, payable with
interest at 5 per cent. Judgment was entered on the bond in Easter Term 1825, in the
Court of King's Bench.
James, Biº of Down and Connor, by his will, dated 16th July 1774, bequeathed to
the use of the poor of the parish of Lisburne fºl()0, to be paid to the churchwardens.
Thomas Morris, by his will, bequeathed to the poor of the parish of Lisburne the sum of
£100, to be, by the rector and churchwardens, lent out for legal interest, upon good security;
and the annual interest to be distributed on the Sunday before Christmas day in every year;
and to be paid to only 12 of the poorest housekeepers to be found in the parish.
The principal of these two sums was invested in new 4 per cent. government stock, on
the 15th May 1826, in the name of S. Cupples, for the Lisburne poor.
John Moore Johnston gave, by his will, (12th March 1804,) a bequest, under which
(20th May, 1822) a sum of £83 6s. 8d. principal, and £5 3s. 4d. for interest then due,
for the poor of the parish of Lisburne, was invested in 5 per cent. government stock, in the
º of S. Cupples and Rowley Hall. This will contained a further bequest of £10 for
this parish. - -
3. Heron, by his will, 12th March 1807, bequeathed to the Rev. S. Cupples, rector of
Lisburne, and his successors, rectors of the said parish, £100, in trust for the poor of the
parish, which he desired to be lent out at interest, on good security; and the interest to be
distributed annually, among the poor of the said parish, in such manner as the said S.C. and
his successors should think proper. On the 24th January 1820 a sum of £90 was invested
in government 5 per cent. stock, in the names of S. Cupples and R. Hall. S. Cupples holds
Edward Heron's promissory note for £25, with 6 per cent. interest, dated the 1st April 1820.
The Rev. John Carleton, by his will, 8th June 1818, bequeathed to the Lord Bishop of
Down and Connor, and to the rector, curate, and churchwardens of the parish of Lisburne,
all for the time being, and their successors, £2,000, in trust, to be lent at interest; the
interest to be distributed annually, by the said trustees or their order, upon. St. Thomas's day
i. every year, amongst the poor householders of the parish of Lisburne, who are not common
eggars.
#. legacy was disposed of as follows: sums amounting to £1,734 16s. were
expended in the purchase of certain chief rents, amounting annually to £90 4s. These
chief rents were conveyed, by Hugh Owens and others, trustees to the will of Adam Hunter,
LISBURNE
MUNICIPAL
REGULATIONs.
Police, &c.
Charities.
to William Trail and Rowley Hall, by deed bearing date the 27th April 1820, an abstract of
which is contained in the papers sent with this Report. The balance of the legacy was
invested in government stock. - • - -
There are also other funds vested in the commissioners of charitable donations and bequests
for the use of the poor here; viz. 1. Shanks's charity, producing £41 11s. 2d. yearly, but
subject to deduction of £10s. 9d, commission. 2. Delacherois’ bequest, producing £163s. 11d.
yearly, but subject to a like deduction of 8s. 1d. 3. Archdeacon Trail's bequest of £50,
producing £1 15s. yearly. There is also a donation of £50 from Dr. Stewart, but it had
not been invested at the time of our Inquiry.
The ministers and churchwardens exercise a discretion in appropriating the interest and
produce of the several funds for the use of the poor, both in the town and in the country parts
of the parish. They grant a portion annually to the Philanthropic Society, and themselves
distribute the remainder. They keep books, which set forth their receipts and the distribution
made; and their books are open to public inspection.
14. The Philanthropic Society was established about 20 years ago, for the relief of the poor Philanthropic
inhabitants. They publish their accounts annually, from which the following particulars have Society.

been extracted.
RECEIPTS,
Subscriptions. Donations. Interest Fines. Total.
s on Legacies.
£. s. d. fº. 3. d. £. s. d. £. s. d f. s. d.
1828 35l 5, 4} | 18 10 0 48 12 10} | 12 12 0 431 0 3
1829 364. 12 2 19 5 0 58 12 10} | 20 0 1 452 10 13
1830 397 13 43 25 12 6 66 3 6% 6 6 3 495 15 8
1831 394 O 2 21 10 0 17 15 2} 1 19 7 435 4 113
1832 324 9 10} | 20 0 0 55 10 10 1 0 0 401 0 8%
_ANTRIM. 936 REPORTS FROM COMMISSIONERS ON
A:
LISBURNE,

I) ISBU RSEM ENTS.
Distributions. Rents. Medicine. Salaries. Incidents. Total. '
- £. s. d. £. s. d. f. s. d. £, s. d. £. s. d. £. s. d.
1828 343 17 10 2.1 5 0 3 6 9 1 1 0 19 10 3 389 0 104
1829 471 0 4 2.1 5 0 4 10 0 1 1 0 45 14 2. 544 10 64
1830 381 1 3} | 21 5 0 3 17 6 1. 1 0 5 10 104 412 15 8
1831 344 12 0 2.1 5 0 5 13 73. 1 1 0 3 15 8 376 7 4
0 0 3 8 3 1 1 0 25 14 10% 428 3 113
1832 376 19 10 21
Statute incorporat . . 15. In the year 1780, (19, 20 Geo. III. c. 15,) the inhabitants of the town and parish of
. Charitable S0- Lisburne having by voluntary contribution raised a sum of money for the support of their
y. poor, and being desirous that a body ... should be formed for carrying their humane
design into execution under proper regulations, the Earl of Hertford, the Bishop of Down
and Connor, the seneschal of the town, its representatives in Parliament, the rector, curate,
and churchwardens of the parish, and the minister of the congregation of Protestant Dis-
senters in the town, all for the time being, and four persons named in the Act, and all
contributors of three guineas a-year to the charity, were incorporated under the name of
“The President and Assistants of the Lisburne Charitable Society,” with similar objects
and under similar provisions as the charitable corporation created in Belfast in 177 3,
(13, 14 Geo. III. c. 46, s. 12, &c.) and of the class of corporations of the poor intended to
have been established throughout Ireland by the Act of 1772, 11, 12 Geo. III. c. 30.
There is some trace of this corporation having been in operation in a short time after its
creation, but its meetings have for many years been suspended, and the inhabitants now view
it as obsolete; at the same time it is considered extremely desirable to have the provisions of
the statute brought into operation.
Constituted as the corporation is, we see no difficulty in calling it into activity.
#. º 16. King Charles I., by letters patent bearing date 3d January, 1627, and enrolled 3 Car. I.
* lºs i Se p. iv. m.8, granted to Henry Viscount Conway and Killultagh to hold two Fairs at Lisnegarvy,
one on the 10th of July, and the other upon the 24th of September, and for two days after
each, rent free; and also to have a weekly Market on each Tuesday; together with all toll,
customs, &c., to such fairs and markets belonging. -
The schedule of the tolls and customs now in use consists of the following items:
d.
For every horse, mare, or gelding, when sold . tº & 4
For every cow, heifer, bullock, or bull, when sold . © o 4
For every sheep, lamb, goat, or pig . 1
The printed schedule (a copy of which we send with this Report) states these tolls as
“claimed by the seneschal of the manors of Killultagh and Derrivolgie, on the fair days held
in said town and borough.”
Tolls and Customs. 17. Tolls and Customs continue to be levied at two annual fairs in the name of the lord of the
manor, the Marquis of Hertford, although their collection cannot be resorted to as an object
of revenue, the profit derived from them not exceeding 40s. in the year. The collection is
attended with much difficulty, and gives occasion to very objectionable practices. For some
time half the usual toll only was demanded, but it was taken upon cattle as they were
brought into the fair; this having been found illegal, the entire toll is now demanded after sale;
but then, if a difference arises as to whether there has Ór has not been a sale, it is determined
by bringing the parties before the seneschal, who swears them as to the fact, and he not only
.. this power, but also the right of ordering the cattle to be impounded until the custom
be paid.
Weigl master. H. The lord of the manor appoints the Weighmaster; his fees (as is the case almost every
where) are quite at variance with the provisions of the statutes upon the subject; he does not,
however, enforce the compulsory provisions of the Act, leaving all persons the option of
weighing at his scales, or at any other. The amount of the charges is much complained
of, but no resistance has occurred in any instance.
His charges are as follows: d.
Each sack of all kinds of grain, if 2 cwt. or over . e tºy 2
5 5 if I cwt. or under . tº « » I
Hay, by the cart © • wº gº e e º e 2
Straw, ditto . © ge º º * tº o tº 2
Butter, by the crock . tº tº º e o © Q. I
Potatoes, each sack . © º g I
The weighmaster stated that he had obtained a weighing machine for hay and straw, and
considered that it entitled him to charge beyond the legal fee. No charge is made for “stand-
ing,” or exposing goods for sale in the market; and when the articles are not weighed, no
charge is made. *
The market-days are Tuesdays and Saturdays. A linen market has been established, at
which no charge of any kind is made upon the goods exposed for sale.
state of the Town. 19. The Population of Lisburne, according to the enumeration of 1821, was 4,684; in 1831,
Population. 5,218, but this was exclusive of the part of the Parliamentary borough lying in the county of
Down; the whole, by the last census, was returned as containing 5,745 inhabitants.
The particulars are stated as follows:
Males - - - - - - - 2,427
Females tº º & tº tº D 2,791
Total - — 5,218
MUNICIPAL CORPORATIONS IN IRELAND. 937 ANTRIM.
Families chiefly employed in agriculture - 129 LISBURNE.
, in trade, manufacture, or handicraft 575
, not comprised in these two classes - 431
Total º — 1,135
Houses inhabited gº tºº * gº 804
, uninhabited º º Qºs tº 49
, building wº º * , gº 10
Total gº — 863
The addition from the county of Down, added by the Boundary Act, is estimated to
contain about 40 houses.
20. We send with this Report copies of the following Documents: Documents.
1. List of Fees payable to the Officers of the Court of the Manor of Kilultagh.
2. Forms of Affidavit of Debt and Attachment of Goods in ditto.
3. Proceedings at the Summer Leet of 1833 for the Manor of Kilultagh.
4. Reports of Parochial Committees on the Charitable Bequests, including an Abstract
of the Title to chief Rents purchased thereout.
5. Schedule of Tolls and Customs.
WILLIAM.E.P.9ſ HUPSQN., Commiss;
MATTHEW RICHARD §§§E} O77,770?.S$20/267°S.
Inquiry held 12th October, 1833.
M. C. I. 11 E
MUNICIPAL CORPORATIONS IN IRELAND. ‘939
R. E. P. O. R. T
ON THE
BOR O U G H OF MO N A G H A N.
M. C. I. 11 F
940 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs * tº º e e tº º o . 941
CHARTER . º e tº º º 941
Books of Proceedings & o Q º . 941
CorportATE BoDY & e © º & º . 941
Style © o º o º e e . 94 l
Classes tº º e º • & & . 941
Officers Q e se o tº © º . 941
Election and Functions of e e © © . 941
Provost c e e º º e . 941
IFree Burgesses O º & tº ſº . 941
Freemen e te º e º º . 942
Serjeants at Mace º e º º . 942
Recorder e e º tº wº º . 942
Clock-keeper e & e º º . 942
Pump-keeper e © e © o . 942
Bell-ringer . e o º tº © . 942
Remarks on the Constitution . & g & . 942
Union Compensation . e © o º . 942
Meetings of the Corporation . e e tº . 942
Bye-laws . e e e o <> º . 942
Mode of Enacting e © º º . 942
Taxation of the Inhabitants . º º © . 943
JURISDICTION e º e º e º e . 943
Borough Court . º º º ſº tº . 943
Manor Court te * e © º º . 943
Assizes * * e o e º º . 943
Quarter Sessions o e º - º . 943 .
Petty Sessions . tº s º º o . 943
Prisons e s e e o Q º . 943
MUNICIPAL REGULATIONS e & º º º . 943
Police is º © º º © o . 943
Town Cess º e º e -> º . 943
Leet Jury . e © e © ſº . 943
Assessment by Bye-laws . o -> © . 943
Code of June 1833 e º º º . 944
Proceedings to enforce Payment & © 947
Accounts . g e º o o . 947
*-- Remarks © O e o © e . 948
Repairs of Roads e º O o tº . 948
Town Committee . e º o e o . 948
Funds of the Committee O º º . 948
Lighting of the Town © e 949
Accounts of the Committee - º o . 950
Watch Committee sº o © º º . 95.]
Charities . gº e º • * * e . 951
FAIRs and MARKETs º & º º o & . 951
Tolls and Customs e º © º º . 951
Stallage º º e º º º e 952
Shambles' Stallage o © º © . 952
Diamond Stallage . Q º * e . 952
Cranage . º º º º º º . 952
Shambles' Crane . tº e o Q . 952
Market-house Crame & © © o . 952
Resolutions of Town Committee e © º . 952
Market Juries º e © e Q º . 953
CoRPortATE PROPERTY . º & e e © . 953
STATE of THE Town e º º º 953
Population o © Q 953
Documents sent . º cº O © © . 953
MUNICIPAL CORPORATIONS IN IRELAND. 941
MONAG HAN.
BOROUGH OF MONAGHAN.
1. THE Borough of Monaghan, as defined by charter, consists of “the town of Mona-
ghan, and all and every castles, messuages, tofts, mills, houses, edifices, structures, curtilages,
gardens, orchards, wastes, ponds, lands, tenements, and hereditaments, whatsoever, lying and
being within the aforesaid town of Monaghan.”
There is a district extending for nearly three-quarters of a mile in every direction around
the town, which is known by the name of “The Corporation.”
It includes the townlands of Mullagh-Monaghan, Roosky, Terkeenan, Annahagh, Killy-
going, Letterkam, Mullagh-croghey, Coolshanagh, Mullaghadawn, and Killnacloy.
This district is a portion of the estate of Lord Rossmore, and is kept apart and accounted
for separately to the proprietor of the property, in the ancient and present rentals, under the
denomination of “The Corporation.”
Parts of the four first-named townlands are within the precincts of the town. Some doubt
exists as to the towland of Annahagh being within the jurisdiction of the corporation of
Monaghan.
2. The only Charter of incorporation granted to the borough of Monaghan bears date the
26th March, Il Jac. I. A. D. 1613, and is enrolled, (Rot. Pat. 11 Jac. I. p. 1, m. 23.)
3. Two Books were produced before us on the part of the corporation.
One contained entries of the elections of the officers of the corporation, commenced
4th April 1761, and continued down to the present time.
The second contained entries of bye-laws, and other acts of the corporation, commencing
in 1805.
We have subsequently had an opportunity of inspecting a book containing entries of pre-
sentments of the Court Leet of the borough of Monaghan, commencing 4th May 1789, and
ending 9th November 1802.
4. The Title of the corporation is “The Provost, Free Burgesses, and Commonalty of the
Borough of Monaghan.”
5. The corporation consists of a provost, 12 free burgesses, and freemen.
6. The inferior Officers named in the charter are,
Two Serjeants at Mace.
The other officers are,
The Recorder.
Clock-keeper.
Pump-keeper.
Bellman.
7. The charter directs that the Provost shall be elected by the free burgesses, or the greater
part of them, out of themselves, upon the feast of St. John the Baptist, to execute the office
of provost for one whole year from the feast of St. Michael the Archangel next ensuing, and
until some other free burgess shall be duly elected and sworn into the office of provost.
The provost presides at all meetings of the corporation and of the town committee, and has
a general superintendence over the town.
He performs no other duties since the Court of Record, granted by the charter, has been
given up. He usually holds the commission of the peace for the county, but is not consti-
tuted a justice of the peace by the charter.
He has no salary or emoluments of any kind.
8. The Free Burgesses were by charter to be elected by the provost and free burgesses out
of “ the better and more honest inhabitants of the borough.” They hold during good
behaviour. *
The present free burgesses are,
Lord Rossmore.
Colonel Westenra, brother to Lord Rossmore.
Honourable Richard Westenra, son of Lord Rossmore.
Captain Richard Westenra, cousin of Lord Rossmore.
Mr. Dacre Hamilton, former agent to Lord Rossmore.
Mr. Alexander Fleming, surveyor to Lord Rossmore's estates.
Mr. Arthur G. Lewis, agent to Lord Rossmore.
Mr. Alexander King, shopkeeper.
Captain Dudgeon, agent to Honourable Richard Westenra.
Mr. Maurice ...i brother-in-law of Captain Dudgeon.
Mr. Thomas Wright, late town serjeant.
Mr. John Hatchell, brewer.
Of these five are resident in the town, and some of the remainder in the neighbourhood.
MONAGHAN.
LIMITs.
CHARTER.
Books of Proceed-
ings.
CoRPORATE Bopy.
Style.
Classes.
Officers.
Provost.
Free Burgesses.
MONAGHAN.
942 FEPORTS FROM COMMISSIONERS ON
MONAGHAN.
Freemen.
Serjeants at Mace.
Recorder.
Clock-keeper.
Pump-keeper.
Bell-ringer.
Remarks on the
Constitution.
Union Compen-
sation.
Meetings of the
Corporation.
Bye-laws.
Mode of Enacting.
Ten are of the established church, and two are Dissenters. -
No Roman Catholics have been admitted since 1793, when the penal laws, which excluded
them, were repealed.
No fee is payable upon election, nor has any stamp-duty been paid for many years.
ki º free burgesses have no peculiar duties to perform, nor any emoluments of any
KIIlCl.
9. The charter in terms incorporates “all the inhabitants in the said town and lands
aforesaid;” and subsequently ordains “ that all the inhabitants, and so many and such
other persons as the provost and free burgesses of the said borough, for the time being,
shall admit into the freedom of said borough, shall be and are the commonalty of said
borough.”
The provost and free burgesses have not, as far as we could discover, recognised any right by
birth, service, or marriage, or sanctioned any other mode of admission, than by “grace especial,”
although the constitution of the leet jury, and the power of taxation assumed by the corpora-
tion, it may be argued, afford grounds for supposing that the right of inhabitancy existed.
The present number of freemen is stated to be six; they do not derive any advantage from
the ºliº beyond the privilege of voting at corporate assemblies; they are required to be
TeS1(Ient.
10. The Serjeants at Mace are elected by the provost, free burgesses, and freemen, during
good behaviour.
The duties of the serjeants at mace are regulated under a bye-law.
The first serjeant is to keep the books of the corporation, and to enter all acts and ordinances
which shall from time to time be enacted, or made, by the provost, free burgesses, and commonalty,
of said borough, and billet the army when in, and marching through, the borough, and to
demand, collect, and levy cesses, payable by the inhabitants of the said borough. º
The second serjeant at mace is directed to enforce all corporate acts, to take up all vagrants,
beggars, and idle persons, who shall be found within the borough, and to bring them before
any magistrate to be disposed of according to law. To see that the streets are cleaned and
kept free from all nuisances, and to enforce such other acts as the provost, under the authority
of the corporation, shall direct.
The first serjeant receives a salary of 10 guineas a-year.
The second serjeant receives £23 a-year.
11. No election to the office of Recorder has taken place since 1815, when the last recorder
(who was also first serjeant at mace) died. The office probably was merely ministerial.
A salary of £4 for the recorder was annually presented at a court leet held for the borough
previously to 1802. e
12. The town clock, which belongs to the corporation, is kept in repair by the Clock-
keeper, who is appointed by the corporation at an annual salary of £4 10s. per annum.
13. The Pump-keeper is appointed by the corporation to keep six pumps within the borough
in repair. He receives a salary of £15 per annum.
14. A person is appointed by the corporation to Ring the town Bell morning and evening
within the borough, and receives an annual salary of £4 10s. -
15. This corporation soon became what the charter probably intended, completely under the
influence and control of the proprietor of the surrounding manor of Monaghan. The first
provost was Richard Blaney, and the patronage of the corporation has continued in his
descendants (proprietors of the Monaghan estate) down to the present period.
The provosts of the corporation changed with the land agents of the Rossmore family;
one agent (Sir James Hamilton) continued to hold the office during 40 successive years.
The free burgesses and freemen are composed of relatives, dependants, and tenants, of Lord
Rossmore, who act in every way as he desires them.
This influence is attributed to his being landlord of the borough.
16. The Union Compensation of £15,000 given to the patrons of such boroughs for the loss
of the power of nominating two Members of Parliament, (a power which originated with the
charter, which vested the right in the free burgesses,) was awarded by the Commissioners
under 40 Geo. III. c. 34, to the then Lord Rossmore, as proprietor of the borough of
Monaghan.
17. The Meetings of the Corporation were formerly held in the old court-house, which is
called the town hall; but since the erection of the new county court-house the meetings of the
corporation have been held there.
The meetings of the corporation are convened upon the two charter days by notice, and
freemen are allowed to attend and vote equally with the free burgesses. *
The books are signed by the free burgesses, freemen, and any of the inhabitants present
who may choose to sign them; no divisions take place at these meetings, everything being
generally arranged beforehand amongst the free burgesses.
The provost presides at all such meetings.
18. The charter confers upon the provost, free burgesses, and commonalty, the power of
“enacting such Bye-Laws for the good and wholesome government of the said borough, and the
inhabitants thereof, as to them, or the greater number of them, shall seem necessary;” and directs
“ that they shall have full power and authority to punish, chastise, and correct, by fine, or mulct
of money, all persons who shall offend against such bye-laws, so as such bye-laws, fines, or
mulcts, be reasonable, and not contrary or repugnant to the laws or statutes of our kingdom
of Ireland.” -
19. Bye-laws have been made by the corporation from time to time, and are uniformly
passed upon one of the charter days, (24th June.)
MUNICIPAL CORPORATIONS IN IRELAND. 943 Monaghan.
The course is described to be as follows, “ to communicate the proposition to the provost, Monaghas.
and through the medium of a committee of burgesses, or respectable inhabitants, to have it
considered beforehand; when, if approved of, it is brought forward in full open court on
one of the charter days; the clerk reads a draft of the bye-law, and any inhabitant present
may make any objection, or suggest any improvement, for the consideration of the provost,
burgesses, and freemen. If passed, it is then entered in the corporation-book, sealed and
signed by the provost, and by some of the free burgesses, or respectable inhabitants of the
town, who may be present.” -
Bye-laws thus passed are considered by the corporation binding upon the inhabitants, who
are not, however, allowed any voice in the adoption or rejection of them.
20. Under bye-laws thus made and promulgated, the corporation have exercised a power of Taxation of the
appointing various officers, of fixing the amount of salaries, and of levying an assessment *
o ho
made upon the inhabitants to defray these and other expenses which are considered by the
members necessary for the good government and regulation of the town. -
21. The charter grants to the provost, free burgesses, and commonalty, and their successors, JURISDICTION,
to have and hold a Court in some convenient and proper place within the said borough, Borough Court.
to be holden before the provost for the time being, and to hold pleas in said court every
Monday, from week to week, of all actions, debts, covenants, trespasses, detinue, personal
contracts and demands, whatsoever, not exceeding the sum of five marks, happening or arising
within the said borough, or the liberties thereof, and that the said court shall be for ever
thereafter deemed and taken as a Court of Record.
No court has been held for nearly 50 years. The only description we could get of the court
formerly held was, that it was “as bad as a bishop's court,” and that parties set its process at
º by escaping beyond certain bridges near the town, thereby evading its juris-
iction. -
22. By letters patent enrolled (19 Jac. p. 2, m, 24.) Edward Blaney, Baron Monaghan, was Manor Court.
empowered to hold a Court Leet, with a Court Baron and view of frankpledge, and also a
Court of Record.
The Seneschal’s Court for the Manor of Monaghan was formerly held here; but it has
long fallen into disuse; the tenants paid leet-money towards its support.
The manor of Monaghan is extensive, containing nearly 100 townlands,
23. The Assizes for the county of Monaghan are held here twice in the year. Assizes.
24. The Quarter Sessions are held four times in the year for the division of Monaghan. Quarter Sessions.
25. Petty Sessions are held before county magistrates on Tuesday in each week. Petty Sessions
26. The corporation have not any Gaol under their management. The gaol for the county Prisºns. e
is situate near the town. -
27. The serjeants at mace are the only Police under the control of the corporation. A party. MUNICIPAL
of 10 of the county constabulary are stationed in the town under the command of a police Regulations.
officer. Police.
There is no local act relating to the town.
Shortly after the passing of the Lighting and Paving Act (9 Geo. IV. c. 84,) it was con-
templated to introduce some of its provisions into operation in the town.
That idea, however, was abandoned, and the watching and lighting of the town was provided
for as hereinafter mentioned. -
28. A local tax, called the Town Cess, is said to have been in force from the earliest period Town Cess.
of the corporation, and to have been applotted by, and levied under, their directions for local
purposes.
29. It appears from the books of proceedings of the Leet Jury, which we have seen, that from Leet Jury.
1789, to the year 1802, the salaries of officers were levied, the streets, footpaths, and sewers,
repaired, applotters and appraisers appointed, the watching and lighting of the town, and
other incidental expenses, defrayed by presentments of a jury of 23 of the inhabitants, at a
“Court Leet in and for the borough of Monaghan,” held before the provost for the time
being.
The jurors were summoned by the town serjeant from amongst the inhabitants, according to
a panel given him by the provost, with the approbation of the free burgesses. -
Those who appeared were sworn “well and truly to try, and true presentment make, of all
such things as should be given them in charge; the King's counsel, their own and their fellows,
not to disclose; not to present anything out of love, hatred, or malice; nor to leave any-
thing unpresented that was presentable through love, fear, or affection; but in all things well
and truly to present the truth, the whole truth, and nothing but the truth, according to the
best of their skill and knowledge.” - -
The assessment was applotted, by the applotters named by the leet jury, on the houses in
the town according to their valuation. Nothing outside the limits of the town, as built upon,
was assessed, although all lands and houses lying within the district of the corporation were
considered to be liable. * *
The Court Leet for the borough was held before the provost, generally, twice in the year;
the principal leet on or soon after Michaelmas day, the other after Easter, and usually in
the month of May. - &= -
30. The amount presented in October 1798 was £76. 1s. I'ld. The book we have mentioned Assessment by
does not show how long this system existed, if at all, before 1789; but it was continued Bye-laws.
regularly from that year to 1802. At this period some circumstances occurred which caused .
the corporation to investigate the legality of this mode of assessment, and not being satisfied
with the regularity of their proceedings, but desirous of continuing the assessment, they
MoNAGHAN.
944 REPORTS FROM COMMISSIONERS ON
MONAGHAN.
. Code of June
1833.
commenced, under the directions of counsel, the present mode of Assessment under Bye-laws.
These are now enacted every year.
This new form of proceeding is itself so singular, that we deem it right to insert here, in
full, a copy of the bye-laws under which the assessment is now enforced.
31. The latest Code of Bye-Laws, for the regulation and government of the town, as framed
on the 24th June 1833, is as follows: :
“Be it remembered that at a meeting of the provost, burgesses, and commonalty of the
borough of Monaghan, in the county of Monaghan, in that part of the United Kingdom called
Ireland, held at the town hall of said borough, and within the same, in pursuance of due and
public notice previously given that the said meeting would be held for the purpose of
establishing bye-laws for the good rule and government of said borough, the said notice
having been duly posted on the market cross of the said borough eight days previous to the
said meeting,
“The following acts, ordinances, and bye-laws, were agreed to be established and enacted
by the said provost, free burgesses, and commonalty of the said borough, and were by them
directed to be enacted in books of said corporation, or borough, in manner following; that is to say,
“Whereas the officers named in and by the charter of said borough are not at this day
found sufficient for the care and good ordering thereof, -
“Be it therefore enacted by the provost, free burgesses, and commonalty of the said
borough of Monaghan, duly assembled pursuant to public notice, at their town hall within
the said borough, for the purpose of making bye-laws and regulations for the good rule and
government of the said borough,
“That beside the two serjeants at mace, named in the said charter, the following officers
and ministers being necessary for the good government and regulation of the said borough,
and the inhabitants thereof, shall, from time to time, and at all times hereafter, be elected,
appointed, constituted, and ordained, within the said borough, by the provost, free burgesses,
and commonalty of the said borough, and of themselves, the said officers and ministers, to
continue in their said offices at the will and pleasure of the said provost, free burgesses, and
commonalty of the said borough, that is to say,+
“And be it further enacted, by the authority aforesaid, that the two serjeants at mace for
the said borough for the time being shall be constables within the said borough, and that
the first shall receive the salary of £10 10s, sterling, by the year, whose duty it shall be to
keep the books of the corporation, and enter therein all acts and ordinances which shall from
time to time be enacted or made by the provost, free burgesses, and commonalty, of said
borough; and billet the army when in, and marching through said borough, and to demand,
collect, and levy cesses, payable by the inhabitants of said borough, as hereinafter described.
“That the second serjeant at mace and constable shall receive the salary of £
sterling, by the year, whose duty it shall be to enforce all corporate acts, to take up all
vagrants, beggars, and idle persons who shall be found within said borough, and bring
them before any magistrate to be disposed of according to law; to see that the streets of said
borough are cleaned and kept free from all nuisances, and enforce such other acts as the
provost, under the authority of the corporation, shall direct.
“And be it further enacted, by the authority aforesaid, that the said officers shall continue
and be exercised within the said borough from hence for ever, unless the provost, burgesses,
and commonalty of said borough shall hereafter be of opinion that all or any of the said officers
shall become unnecessary, and shall ordain that the same from henceforth shall be discontinued.
“And be it further enacted, by the authority aforesaid, that the clock, commonly called the
town clock, within the said borough, belonging to the provost, free burgesses, and commonalty,
and which is so situated that all the inhabitants of said borough may see the same at their
pleasure, and may hear the same strike the hours, shall be kept in good regular order at the
expense, and out of the funds, of said borough, until it shall be otherwise ordained by the
provost, free burgesses, and commonalty of the said borough for the time being. And the sum
of four pounds ten shillings sterling shall be paid by the first serjeant of said borough for the
time being, yearly, to the person who shall be appointed by the provost, free burgesses, and
commonalty, to take care of the same, such person previously agreeing with the first serjeant
to take care of the same, such person previously agreeing with the first serjeant to take and
receive the said sum in each year in full payment and satisfaction of and for his expenses and
trouble in so taking care of the same in each year, the said sum being in our judgment a
reasonable payment and compensation for the same.
“And whereas there are six pumps belonging to the corporation, provost, free burgesses,
and commonalty, one at a place called the Diamond, one at Mr. Mitchell's wall, at the top of
Glasslough-street, one at the coach-road opposite Mrs. Warner's, one at the top of Mill-street,
under the wall under Mr. Burnell's, one off Dublin-street, opposite Mrs. Wilson's, and one
other pump in the Shamble-square, all within the said borough, being open and public high-
ways, where all the inhabitants of said borough can at all times supply themselves with water
thereat, and it will be a great and manifest advantage to the said borough, and the inhabi-
tants thereof, that the said pumps shall be kept in good order:
“Be it therefore enacted, by the authority aforesaid, that the said six pumps shall from
henceforth be kept in good working order and repair, at the expense and out of the funds of
the said borough, and that, until the free burgesses and commonalty of the said borough shall
otherwise ordain, the said first serjeant at mace shall annually pay to such person or persons
as shall from time to time be mentioned for that purpose by the said provost, free burgesses,
and commonalty, the sum of £15 sterling, such person or persons previously agreeing with
MUNICIPAL CORPORATIONS IN IRELAND. 945 MONAGHAN.
MONAGHAN.
the said first serjeant at mace to receive the same in full payment and satisfaction of and for
his trouble in keeping said pumps in good order during the year, the said yearly sum being
in our judgment a reasonable payment and compensation for the same.
“And be it further enacted, by the authority aforesaid, that the several sums for such
annual salaries and expenses shall, until it shall be otherwise ordained by the said provost,
free burgesses, and commonalty, be annually raised and levied from the inhabitants of said
borough by one or more cess or cesses, according to the yearly value of their respective tene-
ments therein, which we have applotted as set forth in the following schedule, wherein are set
forth the names of the respective inhabitants, the value of their respective tenements, and the
respective sums which each is to pay for the several purposes, according to their yearly value
of such tenements, that is to say,+
“We do hereby apportion and assess the said several sums of £10 10s., £4,10s., and
£15, making in all the sum of £30 sterling, to be raised and levied according to the follow-
ing applotments, -
“And be it enacted, by the authority aforesaid, that the several sums to be raised shall be
respectively levied and collected from the said respective inhabitants, in respect of their said
tenements, in each and every year so long as they shall occupy the same, and afterwards from
the successive occupiers of the said tenements respectively, until the provost, free burgesses,
and commonalty of the said borough shall, from any sub-division of the said tenement, or
change in the value thereof, or any other distribution or division of tenements within the
limits of the said borough, or by reason of the money raised on fines, or any manner of dimi-
mution of expense or otherwise, shall think proper to make a new applotment as aforesaid,
and hereafter to be applotted, shall be levied by the first serjeant at mace of the said borough
for the time being, or in case of his inability to do so by age, sickness, and absence, then by
the second serjeant at mace of the said borough for the time being, who, on receiving the same,
shall forthwith pay over the same to the said first serjeant for the purposes aforesaid.
“And be it enacted, by the authority aforesaid, that for the collecting of the said annual
sums, and the payment of the said salaries and compensations, and the commencement in
office of the said several officers, the year shall commence on the first day of July in every
year, and shall end on the last day of June in the succeeding year, and that the said serjeants
at mace respectively (if the same can be conveniently done) collect the said annual sums,
or any of them, respectively, for each year, on or before the thirty-first day of December in
such year, and the serjeant at mace, who shall actually receive any such sum, give to the
person so paying a receipt in the form here following;-that is to say,
“ Received from the several sums of
making together the sum of being
his or her proportion of the cesses to be raised and levied from the inhabitants of the borough
of Monaghan, under the bye-laws of the said borough, for the year ending the last day of June.
“Witness my hand,
& & , SERJEANT at MACE.
“Which receipt shall be a good and sufficient discharge for the sum mentioned therein.
“And be it further enacted, by the authority aforesaid, that if any of the sums shall re-
main unpaid on the first day of January in any year, then and in every such case the said
serjeants at mace, respectively, shall deliver to the person or persons liable to pay the same,
whatsoever such person or persons shall be, or to some servant of such person or persons, or
to some inhabitants of the tenement, or some of the tenements, in respect thereof such sum
or sums shall be payable, of the age of sixteen years and upwards, on the tenement, or on
some of the tenements in respect thereof such sum or sums shall be so payable, shall be un-
inhabited, or that, if so that the said serjeants, or one of them, cannot gain admittance to
deliver the same, shall affix on the door, or on some conspicuous part of said tenement or
tenements, or one of them, a notice, in the form here following;-that is to say,
“To —
“I hereby give you notice, that your proportion of the several sums of money assessed to
be raised and levied from the inhabitants of the borough of Monaghan, under the bye-laws
of said borough, for the year ending the last day of June next, in respect of your holdings
(as the case may be) within the said borough as follows, that is to say, - and
amounting altogether to the sum of which several sums I require
you to pay or cause to be paid to me at your dwelling-house or tenement, (as the case may
be) in the said borough, between the hours of and o'clock in the afternoon,
(as the case may be,) at which time and place I will attend, and demand the same, and,
default of said payment, you will be liable to the penalty for refusing to pay the same.
“Witness my hand,
C & , SERJEANT at MACE.
“And be it further enacted, by the authority aforesaid, that the time of payment mentioned
in said motice shall not be less than one fortnight from the date and service, and if the several
sums therein mentioned, or any of them, shall not be paid on demand pursuant to the terms
of such notice, the person or persons liable to pay the same shall be deemed, taken, and con-
sidered as having refused to pay the same, and shall therefore forfeit and pay to the provost,
free burgesses, and commonalty of the said borough, the sum of £10 sterling, as and for a
penalty for such refusal, the said penalty to be levied by action of debt, or by the distress of
the offender's goods within the said borough. -
“And be it enacted, by the authority aforesaid, that the following persons are hereby
elected, constituted, ordained, and appointed officers and members of the said borough, to fill
M. C. I. - I 1 G
MONAGHAN.
946 REPORTS FROM COMMISSIONERS ON .
TMONAGHAN.
the respective offices hereinbefore mentioned, and to perform the duties thereof during the
pleasure of the provost, burgesses, and commonalty of the said borough;-that is to say,
“1st Serjeant.—James M*Knight is hereby elected, constituted, ordained and appointed
first serjeant at mace of the said borough, and constable of the said borough.
“2nd Serjeant.—William Hillock is hereby elected, constituted, ordained, and appointed
second serjeant at mace of the said borough, and constable of the said borough.
“Clock-keeper.—William Watson is hereby elected, constituted, ordained, and appointed
to take care of the clock in said borough, commonly called the town clock. -
“Pump-keeper.—John Clarke is hereby elected, constituted, ordained, and appointed to
take care of the pumps in and belonging to said borough as herein described.
“Bell-man,—James Hunt is hereby elected, constituted, ordained, and appointed to ring
the bell as formerly in and belonging to said borough, who shall receive the salary of £4 10s.
sterling by the year for his trouble in so doing.
“And be it enacted, by the authority aforesaid, that no person whatsoever shall throw skins,
or any other offensive matter into the river, from Sparks Lake to the Infirmary, the whole of
the said distance being in the said borough, whereby the quality of the water may be injured,
or make any obstruction in the course of said river within the limits of our said borough,
under the penalty of five shillings, to be paid by each person who shall do so, and for every
time he shall do so; the said penalty to be levied by distress of the offender's goods within the
said borough. - -
“And be it enacted, by the authority aforesaid, that no person shall buy or sell linen yarn
out of the regular place which shall from time to time be appointed for buying and selling
the same within the said borough, under the penalty of two shillings and eightpence-halfpenny,
to be paid by every such person or persons buying or selling the same for every turn he,
she, or they shall so buy or sell the same.
“And be it enacted, that the limits of such regular place of buying or selling the same,
and of the open market for the sale of such linen yarn within the said borough, shall be the
rivulet running through Mill-street and Back-street, from Monaghan Lake to the Castle
Meadow, and a straight line from the corner of Mr. Henry Wright's, to the corner of the old
Court-house, next adjoining Doctor Buchanan's house; the said penalty to be recovered by
distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that posts shall be fixed in the ground to
show and make out the said line to all his Majesty's subjects.
“And be it enacted, by the authority aforesaid, that no person shall shake a carpet in the
Diamond, or in the streets of the said borough, under the fine of two shillings and eightpence-
halfpenny, to be paid by such person or persons for every such offence; the said penalty to be
recovered by distress of the offender's goods within the said borough. -
“And be it enacted, by the authority aforesaid, that no person bring in for sale, or offer for
sale within the said borough, a kesh of turf which shall contain less than four loads of the
large clieve, under the penalty of two shillings and eightpence-halfpenny for every such kesh
of turf so deficient in measure as aforesaid offered for sale as aforesaid; the said penalty to be
recovered by distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that no person shall put any stools, forms,
or chairs on the cloth-market place at any time before day-light of the morning of the re-
spective fair or market, under the penalty of five shillings, to be paid by any person who shall
: so ; the said penalty to be recovered by distress of the offender's goods within the said
orough.
<& %. be it enacted, by the authority aforesaid, that no oats shall be sold in the market-
house of said borough before ten o’clock in the forenoon, or bell ringing on Saturday or
Wednesday in every week, and that no oats shaki be sold a second time on any Saturday or
Wednesday, under a penalty of one shilling for every stone of oats that shall be sold a second
time, said penalty to be paid by the persons who shall sell the same, and to be recovered by
distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that the meal and potatoes by wholesale
and retail, and butter by wholesale, shall be sold only at the market-house, and no other place
within the said borough, and the penalty of two shillings to be paid by each and every person,
and for every time he or she shall sell the same, saving and excepting to the publicans of
said borough a full and free right to sell all such meal, potatoes, and butter at all lawful times,
both by wholesale and retail, within their respective houses therein, the said penalty to be re-
covered by distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that no weights, except those of metal,
brass, or lead, shall be to weigh any goods within the said borough, under the penalty of one
shilling for each weight so used, and a further penalty of one shilling for every time the same
shall be used after the levying of the first penalty; and if any weight shall be found on in-
spection of the provost to be deficient in weight, the person using such weight shall pay a
fine of one shilling for every such weight so found deficient, and also that all and every such
person or persons using any deficient measure within the said borough shall pay one shilling
for every measure so found deficient, the said several penalties in the bye-laws mentioned to be
levied by distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that all salt sold within the limits of said
borough shall be sold by weight, and not by measure, under a penalty of shillings,
to be paid by each person, and for every time the said person shall so sell by measure; the
said penalty to be recovered by distress of the offender's goods within the said borough.
“And be it enacted, by the authority aforesaid, that all fines and penalties, to be levied
MUNICIPAL CORPORATIONS IN IRELAND. 947
MONAGHAN.
under the bye-laws aforesaid, or any other bye-law of this borough, shall, from time to time,
as soon as the same shall be levied, be paid over to the first serjeant at mace of this borough,
for the time being, to be by him applied as part of the funds of said borough, and towards
the defraying the expenses thereof; and that the first serjeant at mace of the said borough for
the time being shall, at the charter meeting of the provost, free burgesses, and commonalty of
the said borough, to be holden therein on Saint John's day in every year, furnish to the pro-
vost, free burgesses, and commonalty then asssembled, a true and full account, signed by
himself, of the state of the funds of the said borough, and of the receipt and disbursements
thereof from Saint John's day next preceding; in order that the said provost, free burgesses,
and commonalty may then examine and check the same, and thereupon make such change
(if any) as they may think necessary, in the assessments to be levied in the said borough the
year then next ensuing. -
“In testimony whereof, we, the provost, free burgesses, and commonalty of said borough,
or the major part thereof, hereunto signed our names, and caused our common seal to be
hereunto affixed this 24th day of June 1833.
- - “A. G. LEwis, (Seal) Provost.”
“Memorandumbeforesigning.—Inconsequence of this day, the 24th of June, falling on Monday,
it is not convenient for the inhabitants of this borough to attend, it being the market day.
“We therefore adjourn this present meeting till Saturday the 13th day of July next.”
(Here follow seven signatures.)
The tax levied under the bye-laws thus enacted is extremely unpopular, and difficult of
collection.
In 1824 a general opposition was given to the payment of the cess thus laid upon the town;
and the corporation having been advised that the distress which, under the bye-law, they were
empowered to make, was only a distress at common law, and gave no power of sale, aban-
doned this mode of enforcing the payment of the tax, and commenced legal proceedings
against defaulters.
32. The Proceedings at that time, and the manner in which they were conducted, form the
principal ground of complaint of the poorer class of inhabitants against the corporation.
The proceedings adopted were actions of debt, in the superior courts, brought upon the bye-laws.
The costs of such proceedings were altogether disproportionate to the amount of demands.
It is alleged that, in the collection of arrears, members of the corporation were favoured,
and poor inhabitants, who had not the means of taking defence, were alone selected as ex-
amples to terrify others into the payment of what was considered to be an illegal tax;
some complain of want of due notice before the actions were instituted;—many of them
have been, with their families, reduced from a comparative state of comfort to insolvency
and ruin.
The costs incurred in each case far exceeded, in amount, the means of those who are alleged
to have been selected for prosecution. The property of some was seized and sold under exe-
cution by the sheriff; others were imprisoned and driven to seek their discharge by the
Insolvent Debtors’ Act.
The following return of persons confined by reason of those proceedings, with which we have
been furnished from the gaol-books of 1824, afford strong grounds for giving weight to the
complaints which are made of the harshness and severity of those proceedings:—
Names. Detainer Creditors. Amount. How disposed of.
£. s. d. *
I | Hu. Monaghan . . . . . . . . . Provost of Monaghan 31 9 13 | Discharged Insolvent
2 || James M“Caffery. . . . . . . Ditto 27 16 13 Ditto
3 | James Johnston . . . . . . . - Ditto 27 16 3% Ditto
4 || Edward Taggart. . . . . tº Q Ditto 27 16 11% Ditto
5 | Patrick Barker. . . . . . . . . Ditto 27 16 3% Ditto
© ºn * * * tº Discharged by order
6 | William Rice . . . . . . . . . . Ditto 27 15 7% { of Lord Rossmore
7 || Alex. Armstrong . . . . . © e Ditto 27 19 7% Ditto
8 || Christopher Hillard . . . . Ditto 27 16 3% Ditto
9 || James Duffy . . . . . . . . . . Ditto 27 16 3} | Discharged Insolvent
10 | John Henderson . . . . . . . Ditto 27 19 7% Ditto
In another case where the party paid the debt and costs, on being served with the writ of
capias, the costs amounted to £1 15s. 10d. The amount of the debt (cess for 1822) was
only 2s. 8d. -
The assessments under the Court Leet grand jury are stated to have been in general will-
ingly paid. That grand jury was composed of the inhabitants, without reference to the
corporation; whilst under the present system the inhabitants are taxed by six or seven indi-
viduals, appointed, not by themselves, but by Lord Rossmore. -
The town serjeant, whose duty it was to collect the cess, resigned his situation in 1830,
because he could not get the cess money paid, with any satisfaction, by any description of
people; some objecting to pay unless every one was compelled to pay; and others accusing
the town serjeant of applying the money to his own use. In consequence, he was, at one time,
in advance £57 for salaries of officers, &c. He was repaid by the Honourable R. H. Westenra.
Formerly the amount of the assessment averaged from £60 to £70 a-year. The treasurer
to this fund received £4 a year; but the salary, owing to the difficulty of collection, has
been for some years discontinued.
33. We annex an Account of this cess for the year ending June 1833:—
M. C. I. 11 H
MONAGHAN,
Proceedings to en-
force Payment.

Accounts,
MONAGHAN. 948
REPORTS FROM COMMISSIONERS ON
MONAGHAN. JAMEs M'KNIGHT in Account with the CoRPORATION of MonAGHAN.
DEBTOR. . CREDIT.
gº £. s. d. 1832. £. s. d
June 24. To balance in my hands at settle- Sept. 22. By cash paid for letter paper . • 0 1 0
1833. ment this day ſº © . 1 9 7% | Oct. 31. By ditto paid John Clark on ac- -
June 24. To amount collected of arrears due 1833. count of his salary . . . . 5 0 0
up to June 1831, since the settle- June 11. By ditto paid for letter paper . . 0 1 0
ment 24th June 1832 . 12 9 2 June 21. By ditto paid Charles Gass for print-
To amount received of cess for the - - ing, per his bill ºp we . 0 1 1 7
year ending 24th June 1832 to the June 24. By ditto paid John Clark, per re-
present date . e e . 31 2 0} ceipts, to clear up his salary to
24th June 1832 g o , 26 10 0
By cash paid William Watson,
keeper, his salary ending 24th
June 1833 * g º . 4 10 0
By balance in first serjeant's hands .
towards his salary, ending 24th -
June 1833 * > ſº º ... 8 7 3
#45 0 10 £45 0 10
e £. Se d. £. Se d.
June 24. To amount of arrears due at settle- Due to officers, viz. –
ment last year of taxes for the To John Clarke one year’s salary for
year ending 24th June 1831 his care of the pumps, ending 24th
$43 7 10 June 1833, and not yet collected . 15 0 0
Received thereout since -
24th June 1832 . 12 9 2
Arrears up to June 1831 —— 30 18 8
To amount of assessment
for the year endin
24th June 1832 ... 64 18 7
Received thereout to the
present date, 24th June
1833 . © . 31 2 0}
33 16 6%
Arrears due by the corporation of
Monaghan, ending 24th June tººse
1833 . • • wº . £64 15 2}
Remarks. 34. From this account it appears that not one-half of the assessment is collected,and that the
dislike of the tax has not decreased. -
The inhabitants not only complain that they are not represented in the corporation, but
that the amount at present collected goes, in great part, to pay salaries to officers who are
themselves the collectors of the cess, and the appointees of the corporation; the accounts, too,
have not usually been printed, or made public; this, however, has been dome for the year
preceding our Inquiry, and is to be continued for the future.
Repairs of Roads. 35. The Highways and Streets are kept in Repair by county presentments.
Town Committee.
Funds of the Com-
mittee.
36. The local interests of the town have been managed since 1827 by a body chosen by the
inhabitants, and called “The Committee of the Corporation of Monaghan.”
37. We subjoin an account of its proceedings, of the manner in which it acquired Funds,
and their present amount. Sº, * -
The proceedings of the committee are not entered in any book separate from the corporation
book. -
A sum of £100 was granted by Mrs. Ann Jones Cairns, for the purpose of lighting the
town. A meeting of the inhabitants was held in January 1827, when a committee of
twelve was appointed for the purpose of carrying the lighting of the town into effect,
agreeably to her intentions; and the treasurer of the committee was requested to call for
the sum of £100 so granted.
The following proceedings are entered in the corporation books.
“Town Hall of Monaghan.
“BOROUGH of MonAGHAN] . At a meeting of the provost, free burgesses, and commonalty
to wit. }: said borough court, from the 29th day of September last,
by various adjournments until this day, the 1st day of November 1827, the following docu-
ments, acts, and resolutions, were submitted to this meeting, and ordered to be inserted on the
books of said corporation, to wit: -
- “‘To the Lord Rossmore, &c. &c. &c., Rossmore Park. -
“‘The Memorial of the Inhabitants of the Town and Corporation of Monaghan showeth :
“‘That, from the manner the corporation cess has been heretofore paid, great defalcations
have arisen, which in the end were obliged to be made up by the properties of the estate for
the time being, and which amounted to a very considerable sum;
“‘That in consequence of Mr. Hatchell's application to your Lordship, at the late meeting
of the corporation, to grant to the burgesses and freemen of the town and corporation the
cranes, stallages, and customs thereof, for the purposes of lighting, cleansing, improving, and
ornamenting the same, under your Lordship's particular inspection and guidance;
“‘We are thus emboldened to apply to your Lordship for a grant of same, in such manner
and form as you may think advisable.
“‘May it therefore please your Lordship to take the premises into your consideration, and
grant to your memorialists the immunities hereinbefore set out, for the purposes aforesaid,
and your memorialists will pray.
“‘Dated 14th August 1827. (Here follow 28 signatures.)
“‘Shrub Hill, Stains, 14th Sept. 1827.
“‘MY DEAR DACRE,--I have not heard from my father yet about the tolls and customs
of Monaghan, but Lady Rossmore writes to me that he sees no objection to my sur-
$ MUNICIPAL CORPORATIONS IN IRELAND. 949
MONAGHAN.
rendering my interest in 'them, if I am that way disposed. The fact of the matter is,
that the old ladies and my father did not like the trouble and expense of fighting the
right, and gave up their claim to me, if I would try and maintain it. I have done so,
and my right is indisputable, and I am ready to enforce it. I never meant the right altoge-
ther, nor can I be expected to do so now, except under certain conditions which I will name,
and have often thought over. I hope the corporation would not think me requiring too much
if I expected that the expenses I have been at already should be paid me. This seems to me
but fair. I surrender my right to a claim which I have now established, as far as my interest
in it goes, producing an income to me of so much a-year certain, and I can’t think it too much
to expect that I shall not also be left minus the income, and the expenses it cost me to
establish it. - -
“‘This would be giving the corporation all the advantages, and saddling me with great loss.
“‘ I am quite confident the members of the corporation will see it in this light, and I shall
then be most happy to resign all the interest that I have in the tolls and customs of Mona-
gham during my life, and I am sure so will my brother Richard also engage the same on his
part; but, as it forms part of the entailed estate, we can stipulate for no further than our own
immediate terms while in possession. . It would be but fair also, if this preliminary meets the
approbation of the corporation, that the proceeds of tolls and customs should be expended in
improvements in the town of Monaghan, under the direction of the corporation, but with the
sanction of the proprietor of the Monaghan estate. This will form a sufficiently clear basis
for a satisfactory arrangement; and whether it should be placed in the hands of counsel, or this
letter be inserted in the corporation book, seems to me wholly immaterial, it being perfectly un-
derstood that no act of mine can injure, or is by me meant or intended to injure, the right of my
successor, whoever that successor may be. I am in possession during my father's life and my
own, and that right I am willing to resign to the corporation under the conditions following:—
“‘That the expenses I have been at shall be repaid me.
“‘That the proceeds of the tolls and customs shall be expended upon improvements in
such parts of the town of Monaghan as belong to the entailed estate, and which have the
sanction of the proprietor of the estate, or their accredited agent for the time being, during
the absence of the proprietor: precision in such matters prevents disputes hereafter. I am
sure these will not seem unfair conditions to be attached to so important a grant. I resign
what I can ill afford to lose at the present moment, but I am glad to have it in my power to
do anything which will benefit the town of Monaghan, and meet the views and wishes of its
inhabitants. The purposes to which such a sum can be applied are various, and I own are
mentioned in the memorial so respectably signed by the principal inhabitants of Monaghan,
such as lighting, cleansing, and improvements. . . I would add paying the salary of a bailiff,
whose business it would be to look after the cleanliness of the town, apprehend vagrants, &c.
The salary of an organist might probably be partly defrayed from the same fund, making
MONAGHAN.
flag-ways, and improving pumps, &c. It strikes me that, by limiting the expenditure of this .
fund to the parts of the town only which are on the entailed estate, the proprietors of the other
part of the town may be induced to enter into similar beneficial improvements; but it would
not be fair that the income derivable from our property should be applied to the advantage of
another, nor would the members of the corporation expect such a sacrifice from us. I had
always intended, whenever I came into possession of the Monaghan property, to have made a
similar application of these funds, when I should have been better able to have afforded it;
but I shall not let any interest of my own stand in the way of the wishes of the inhabitants for
the improvements of the town, and their advantage, comfort, and convenience. I wish to have
your opinion on the subject, that we may decide before the 24th of this month, when I should
wish all accounts to be made up, and then let the tolls and customs be handed over to the
corporation for their future management and collection.
- “‘ Believe me to remain, &c.
“‘To Dacre Hamilton, Esq.” “‘ H. R. WESTENRA.
- “‘Cortovin Hills, Monaghan, 15th October, 1827.
“‘Lord Rossmore has to return his thanks to the corporation of Monaghan for the handsome
manner in which they have pleased to express their approbation of his conduct and that of his
family respecting the tolls, &c. e §
“‘He begs to assure the corporation that he will always feel happy to co-operate with it
for the improvement of the town, and that he will be ever ready to attend to the individual
interests of a body so truly respectable as the inhabitants of Monaghan.”
- “‘Shrub Hill, 19th October, 1827.
“‘SIR,-As chairman of the meeting of the corporation of Monaghan, I request you will
express to each member of that meeting the sense of gratification I feel at the vote of thanks
with which they were so good as to honour me. The concession was made willingly on my
part, and I can assure you it will be always a sense of heartfelt pleasure to me whenever my
conduct meets with the approbation of those whose good-will I covet, and whose kindly
feelings I have ever studied to deserve. “‘Believe me to remain, &c.,
“‘To Alexander Fleming, Esq.' “‘H. R. WesTENRA.
“‘Committee for managing the corporation of Monaghan. [Here follow 30 names.]
“‘Seven of the above number to form a quorum for the management until the 24th June next.”
38. The expenses of Lighting the Town of Monaghan are defrayed by the committee of
the inhabitants before mentiomed, out of funds so placed at their disposal.
The lighting commenced upon the 12th November 1827, pursuant to a resolution to that
effect, and in January following the sum of £100, granted by Mrs. Jones Cairns for that
purpose, was applied in furtherance of this object.
Upon an average of the years 1831-2-3, the annual expense of lighting is £700s. 1d.
Town.
Lighting of the
*...s."
§
tºſ
Accounts
of the
Committee.
º
1831, September 29.
November 1.
1832,
1833.
Market-house crane.
Wm. Scott.
Shamble crane.
Wm. Wright.
Diamond stallages.
James Gillenders.
Shamble stallages.
Felix Murphy.
1831, December 13th.
39. TOWN AND BOROUGH OF MonAGHAN.—Accounts. commencing 29th SEPTEMBER 1831, AND ENDING 24th JUNE 1833. By Alexander FLEMINg.
- DEBTOR.
Arrears due, as per Account furnished and cleared up to this daº, d
- - wº 8. ſº
Market-house cranes, Wm. Scott . e o . 30 0 0
Shamble crane, Wm. Wright . * * e « » 8 15 0
Shamble stallages, Felix Murphy . º Q o e : 10 0
Diamond stallages, James Gillenders © © & • 12 0 0
Arrears due to clear Nov. 1831 . º tº
Lettings for one year, ending November 1832.
Market-house crane, Wm. Scott º tº & . 140 0 0
Shamble crane, Wm. Wright . g o Q ſº . 45 0 0
Shamble stallages, Felix Murphy • o o tº º 6 0 0
Diamond stallages, James Gillenders O º tº 20 0 0
Amount for the year 1832 . ©
Lettings for one year, ending November 1833.
Market-house cranes, Wm. Scott * © . . 151 10 0
Shamble crane, Wm. Wright . te o º 25 0 0
Diamond stallages, James Gillenders ſº * > * 12 0 0
Shamble stallages, Felix Murphy . . © dº Ç 6 0 0
Amount for the year 1833 . º Q sºmºmº
RECEIPTS ON ACCOUNT OF THE ABOVE,
1831, Nov. 23d, William Scott, due Nov. 1st . e © ſº
1832, Feb. 3d, Wm. Scott, due Feb. 1st . o © © © ©
June 1st, 3 3 per Mr. Hetherington, due May 1st . . ©
Sept. 20th, , , 2 3 on account 10 0 0
Nov. 14th, ; , per Mrs. Scott, 5 3 35 0 0
1833, Jam. 30th, , , 5 5. ,, . 25 ſ 0
Clears Nov. 1832 e o © e emmºmº
March 23d, Mrs. Scott, per market-house, on account - e O
May 13th, 2 3 5 5 3 9 © © º
1831, Nov. 1st, per Thomas Quin, on account . ſº , 11 5 0
1832, Jan. 24th, per Wm. Wright, 2 3 gº e . 11 5 0
July 20th, 5 3 J } tº e • 16 10 0
1833, Jan. 4th, 3 5 2 3 ſº © & 7 10 0
1832, Dec. 4th, 9 5 * 2 3 º º e 3 10 0
1833, Feb. 27th, 2 3 3 5 e © o 9 0 0
May 6th, 2 > 5 y e * gº 7 5 0.
1831, Oct. 18, per J. Gillenders 2 y ſe tºo º 6 0 0
1832, Jan. 16th, 2 3 3 3 wº ſº e 6 0 0
March 27 y 9 3 5 * º º 5 0 0
July 3rd,' ', 3 3 . . . 5 0 0
Sept. 24th, 3 9 2 3 º © © 5 0. 0
Dec. 4th, 5 3. 3 y * Re © 5 0 0
Clears Nov. 1832 © © Ç • =~
1833, April 3rd, from J. Gillenders, on account . © tº º ©
1831, Dec. 20th, from Felix Murphy, clears November 1831 © ©
1832, Sept. 19th, 3 5 on account wº gº 2 10 0
1833, Jan. 4th, 5 3 5 5 º © 2 10 0
Received from John Hillock for a lamp broken by M*Goghey at John Murray's
Gross amount of receipts from 29th Sept. 1831 to 24th June 1833 . e
£, s,
53 5
211 0
194 10
30
35
35
:
70
30
3
5
;
66 5
12 0
5 0
0 4
d.
;
:
;
#343 19 0
PAYMENTS.
w £. 3. d.
1831, Oct. 18th, Paid town serjeant for repairing sewer in Dublin-street, by John Mays Ç 0 4 0
20th, To Taggart, on account of Dublin-street pump . . . te s © & 5 0 0
25th, Town serjeant for a carman who assaulted him in his duty, per order of provost 0 5 0
Nov. 28th, Taggart, on account of Dublin-street pump . . . • a * > ... 10 0 0
Dec. 1st, Mr. Robt. Little, per order to repair sundry damages the night of illumination 3 0 10
Nov. 28th, Mr. James A. Ross, on account of lamps . ſº • . • º . 15 0 0
1832, Jan. 17th, Serjeant Hillock, for quarter due 21st December 1831. . . º o 5 0 0
23rd, Taggart, on account of pump, per order * © CŞ g © 2 13 7
25th, , , being the balance of his account . ſº • * tº º o 3 I6 5
, , for emptying and cleaning-out the well, per order . º 0 15 0
Feb. 9th, William Carroll, his bill for mending lamp irons . ſº * tº . 0 14 6
A. G. Lewis, Esquire, for two years’ rent of the shambles, per receipt . 20 0 0
. John Clarke, on account of Dublin-street pump . ſº tº . . . 10 0 0
March 24th, Mr. A. King, on account of night-watch, per order * • © 5 0 0
28th, Serjeant Hillock, for quarter due 1st March 1832 . º o e . 5 0 0
May 1st, Mr. A. King, on account of night-watch, per order Q o & ... 10 0 0
23rd, Robert Owens, the balance of his account for repairs to roof of shambles . 0 12 8
June 2nd, Laurence Flannigan, on account of lamps . ſº & tº • 50 0 0
11th, M“Gaighey, for labouring work done at the Shamble-square . Çı tº 2 4 5
July 6th& 23rd, Bernard MºEnally, per order . . * & wº º tº • g 5 0 0
23rd, Serjeant Hillock, for quarter due 20th June 1832 . © tº g * > 5 0 0
William Burrowes, per order tº & tº * dº . o 5 0 0
Sept. 7th, Owen Conlon, for cut stone for shambles, per order * > º g ge 0 10 0
20th, Edward Gillenders, on account of Shamble-square e c * • 12 10 0
John M“Clelland, for two grates for same . º © * > º . 0 7 8
Nov. 14th, James Hunt, for bell-ringing, per order . © Q & * . 12 12 0
John Baxter, for clock, 3 y © e * > Q º . 13 9 2
Edw. Gillenders, town serjeant, , , e * > o sº gº * > 4 4 0
Serjeant Hillock, for quarter ending September 1832 . wº * & 5 0 0
17th, John M'Connell, for repairing lamps . t tº º 2 º * º 0 6 10
Dec. 8th, John Clarke, balance of new pump, &c., in Dublin-street tº e º 6 3 10}
1833, Jan, 7th, Serjeant Hillock, for quarter due 21st Dec. 1832 . Q de © , - 5 0 0
- Patrick Treanor, on account of mason’s work done at the shambles . e 2 0 0
Feb. 5th, James M'Knight, per order ſº * © * ſº G te 7 7 0
Edw. Gillenders, y º o & gº º o Q . 4 4 8
Edw. Gillenders, on account, for Shamble-square o © - © . 13 0 0
March 5th, Mr. A. King, " 3 3 for night-watch . . . G tº * 9 0 0
25th, Mr. James A. Ross, , , of lamps, &c. * o & * > • 35 0 0
April 30th, Mr. James A. Ross, , , 5 y tº & tº * 8 0 0
May 2nd, Mr. A. King, 9 3 night-watch © o & * > G 2 0 0
10th, Serjeant Hillock, quarter due 1st March 1833 . * > * * s º 5 0 0
18th, Mr. Jas. A. Ross, on account of lamps, &c. º g * g . 28 0 0
3 2 Mr. A. King, 5 5 night-watch C ſº tº º • 3 10 0
June 24th, Mary Treanor, for mending bridge at shambles . tº tº © • 2 7 4}
Gross amount of payments from the 29th September 1831 to 24th June 1833 £343 19 0
ARREARs DUE TO CLEAR 1st MAY 1833.
£.
Market-house crane, Mrs. Scott . º e • ... 10
Diamond stallages, James Gillenders . tº tº ... 3
Shamble stallages, Felix Murphy © gº o 4
Half-year’s rent, due 1st November 1833, as for lettings
Total . tº
Amount due 1st November 1833 º G o
#17 15 0
97 5 0
... fºll 5 0 0
* - MUNICIPAL CORPORATIONS IN IRELAND. 951 MONAGHAN.
MONAGHAN.
40. The present Watching Establishment commenced 14th December 1831,when a meeting
of the inhabitants, convened by the provost, passed resolutions to support it by voluntary con-
tributions; it is managed by a committee of 24 of the inhabitants, and supported by voluntary
contribution, aided by a donation from the “committee for stallage and market custom.”
The number of watchmen employed in winter is four, in summer three. They are paid
10d. a-night each, and effective men are got for this sum.
The whole expense, from December 1831 to July 1832, was,
. s. d.
Paid watchmen tº gº gº - 34 l 8
Sundries - - - - - 7, 13 7
fºl 15 3
41. There are no Charities under the control of the corporation. Charities.
A mendicity institution in the town is supported by voluntary contribution. It has now
subsisted about 14 years. The funds are represented as being so low as to make the managers
apprehensive that it must be given up. From 150 to 200 have annually had their lodging
paid by the funds, which do not afford food or employment.
42. By letters patent, 9 Jac. I, enrolled (9 Jac. I. p. 1, m. 45), the right of holding a Fair FAIRs and
in Monaghan, and a weekly Market on Tuesdays, together with all tolls, customs, &c., to such MARKETs.
fairs and markets belonging, was granted to Sir Edward Blaney; and by letters patent, en-
rolled (19 Jac. p. 2, m. 24), a further grant of two fairs, and a weekly market on Mondays,
was made and confirmed to Sir Edward Blaney, Baron of Monaghan.
Twelve Fairs are now held in the year, one upon the first Monday in each month.
The fairs are held in a fair-green, containing about five acres, and rented by Lord Rossmore
for that purpose. .*
The Market-house was built by Colonel Cunningham, the first Lord Rossmore, and by him
made a present to the corporation. This gift was considered to give a right to the dues or
custom taken there for cranage and stallage.
43. No Tolls or Customs have been collected for the last seven years, in consequence of Tolls and Customs.
considerable opposition given by the farmers. The tolls at fairs set formerly for £80 a-year.
It was many years since supposed that the tolls belonged to the corporation, and they were
collected under schedules made out in their name. This, however, is alleged to have been amistake.
The following is a copy of the “Schedule of the Customs, Tolls, and Duties,” deposited
with the clerk of the peace of the county, as they were formerly claimed by Frances, Countess
of Clermont, “ on each and every article or thing sold at such fairs and markets as shall be
held within the corporation of Monaghan :”
Fair. Market. - Fair. Market.
For each and every cow, bull, and bullock d. d. d. d.
of three years old .. 4 4 || For each and every retailer of salt 3 I
3 5 heifer, bull,and bullock 9 3 seller of soft ware ... 4 #
of two years old 3 3 5 x standing, or stall of
2 3 of one year old .. 2 2 hard ware © ... 4 1%
2 3 horse, mare, gelding, 2 3 standing, or seller of
colt, filly, ass, or hats . tº ... 4 1}
mule . º ... 4 4 y 5 standing, or seller of
3 3 pig * > e ... 2 2 quicks, or other trees 4 2
5 y load of suckling pigs 4 2 } } load of plants . . . 4 2
2 3 sheep and goat. . 1 I , 3 y standing, or seller o
2 3 lamb and kid . . 0% 0% nails . © ... 3 1%
5 y lamb and kid after j } standing, or seller of
August g ... 1 l woollen ware . ... 4 lº
2 3 carcass of meat sold in 5 5 standing, or stall of -
town . tº ... 3 3 leather . g ... 3 1%
2 3 fed veal . & ... 2 2 standing, or seller of
2 3 grown hide . • 1% 1% stockings ſº ... 3 1
9 J horse and kip hide . 1 l 3 y broker . e ... 4 I
3 y calf, lamb, and kid 5 y load of besoms . • 3 1
skin . e . 0 0 y 5 barrel of herrings • 4 2
J J sheep skin Q º § 0 5 X load of fish, whether
3 2 common veal calf . 0% 0: shell-fish or otherwise 4 2
3 × cake of tallow . ... 1 1 Customs payable for fish and herrings on
For meal, according to weight, whether by every day, the same as if a market day.
wholesale or retail, as follows: For each and every hawker and seller of
For every 4 cwt. . Q gº © ... 4 4 sundries . . ... 2 I
, , 3 cwt. . * > Q º • 3% 3% 3 5 lot or standing of
, , 2 cwt. . { } tº e ... 3 3 wooden ware . ... 4 2
; , 1 cwt. . tº Q tº . 1% 1% 5 y car, plough, kish, or
For every sack, creel, cart, or car of pota- barrow . * . 1 I
toes, by retail or wholesale . tº ... 2 2 2 3 harrow, creel, and two ºr
For each and every tub of butter . . 1% 1% baskets • . 0% 0}
3 5 crock of butter . ... 1 T 3 × load of skeers, rods, or sº-
3 5 bag of flour º ... 3 3 wattles . • 4 2
3 } barrel of wheat . 2 2 - standing, or barrel of
2 3 creel of apples . ... 2 l rosin º ... 4 2
5 5 sack, or standing of standing, box, or other
apples, or other fruits 4 2 machine for profit .. 4 2
2 3 standing, or stall of ve- 5 5 standing, or load of
getables, or garden cheese . . e ... 4 2
produce º ... 4 2 5 2 lot, or standing of beans
2 3 standing of crockery, or peas . º ... 4 2
. glass, delf, and iron 3 5 lot of carpenters' articles
W8 Fe . • ... 4 2 ready made . ... 4 2
5 5 standing of tin . ... 4 2 By auctioneers, (excepting for rent,) by the
3 2 standing, or kish of stall or standing • • º • 4 2
brogues & ... 3 I By each and every seller of wool, and other
5 y standing, or stall of shoes 4 l: articles not hereinbefore mentioned ... 4 2
2 y load of salt © 3 1
JAMES GILLENDER, Collector.
MonAGHAN.
952 REPORTS FROM COMMISSIONERS ON
MONAGHAN.
stallage.
Shamble Stallage.
Diamond Stallage.
Cranage.
Shamble Cranes.
Market-house.
Crane.
Resolutions of Town
Committee.
44. There are dues still collected for tables and standings in the nature of Stallage on market
days, which were claimed by Lord Rossmore. The town committee now farm them out annually.
The collector receives from 20. to 10d. for each table, according to its locality, and he
provides benches, tables, &c. - -
The stallage has been for the last two years advertised for sale, and set together with the
market-house, crane, &c., by sealed proposals. -
The town serjeant regulates the places where the different stands are to be kept under pro-
visions of a bye-law. .
45. The “Diamond” Stallage and “the Shamble” Stallage are set separately each year.
The shamble stallage was set in 1832 and 1833 for £6 each year.
46. The Diamond Stallage (so called from its being taken in an open space in the centre of
the town, called the Diamond) is confined to grain and such articles.
Stallage is charged upon potatoes; the amount lately charged is 1d. per sack, and this is
demanded from the seller for the mere exposure to sale, no stall or other convenience being
afforded by the farmers of the stallage. - -
Stallage upon potatoes commenced when the custom of 2d. per sack was taken off. The
name of the toll merely was changed, and 2d. per sack stallage was charged until the oppo-
sition given to its exaction induced the farmer of the toll to lower it to la per sack. -
* potatoes exposed for sale are weighed at the crane, and paid for, the stallage is not
charged. . - -
Sällage was charged upon oats formerly, but at present the farmer of the crane employs
persons to stand in each of the merchants' yards to weigh and charge cranage there, either
in the weights and scales of the merchants or their own.
This practice has been adopted with the concurrence of the merchants, who were desirous,
from regard to the farmer of the crane, to give him the advantage, and also from its being
more satisfactory to the country people to have the corn weighed by a person not interested
either for the buyer or the seller. . -
The Diamond Stallage let,
In 1832 for sº - £20 - -
1833 for tº a - £12 - - -º-
47. The Shamble Crane and slaughter-houses are advertised and let by proposal.
48. Meat only is weighed at the crane. The charges are,
d.
For weighing each pig - tºº wº tº b - 2
5.5 each carcass of beef º 4
5 5 each sheep tºº g- - 2
The meat is principally for export. The cattle are brought into the slaughter-house in the
town.
The shambles, crane, and slaughter-houses let,
In 1832 for - – £45
1833 for - - £25
49. There are Cranes or weighing-houses in the borough, which did belong to Lord Rossmore.
The late Lord Rossmore built a Market-house at his own expense, but was not the proprietor
of the estate at the time; his descendant, however, has not questioned his allocation of the
ground, and allows all the benefits of the cranes and markets held there to go to the “com-
mittee” for the benefit of the town.
The cranage tolls are let by advertisement. No weigh-master has been appointed by the
provost, who is by charter clerk of the market.
The weights, &c., of the market are attended to by the provost as a magistrate of the
county, and not in virtue of his corporate office.
The corn-market crane is annually advertised for sale, and proposals are given in, directed
to the committee.
The charges are, d.
For each sack of wheat gº tº e gº gº 2
99 Oats - †- • - $º 2
59 potatoes - tº: * tº 2
5 y meal - sº gº sº tº 2
39 barley - º sº sº 2
Butter, (per crock) sº cº º tº e tº 1 no charge for a firkin.
Flax, per stone - tºº tº gº gº * --> -
Anything under 10 stone is weighed for 1d. and all over is charged 2d.
The provisions of the 4 Ann. c. 14, and 25 Geo. II, c. 15, are violated here both in the
amount of charge for weighing generally, and in charging for the weighing of potatoes at all.
The weighmaster is aware of the statutes, but states that the crane was set up on the un-
derstanding that potatoes were to be charged for. - •
Potatoes are sold in very considerable quantities, and chiefly by weight. No opposition has
been given to the charge for weighing them.
The proposal in the last year for the market-house, crane, &c., was £151 10s. -
50. We find the following Resolutions entered into by the Town Committee for regulating
the markets. - -
“ BoRough of Mºnº At an adjourned meeting of the committee of the corpora-
* to wit. tion of the town of Monaghan, held in the town hall, on Friday
the 9th day of November 1827, Dacre Hamilton, Esq., in the chair, the following resolu-
tions were unanimously adopted:— - s
MUNICIPAL CORPORATIONS IN IRELAND. 953
MONAGHAN.
“. Resolved, That every sack of grain exposed for sale in the market of Monaghan shall be
liable to 2d. per sack cranage.
“Resolved, That for the better protection of the butter trade, each cask of butter exposed for
sale in the market shall, in the first instance, be marked by the authorized sworn inspector, and
that sellers be not persuaded to sell their butter for a less rate or character inferior to that
marked by said inspector. *
* Persons found deviating from this rule shall be prosecuted as the law directs. Proper
stalls shall be appointed for 1st, 2nd, and 3rd.
“Resolved, That from the very great influx of oats to the markets of Monaghan, and for the
better accommodation of purchasers and sellers, a second marketin the week is requisite, and
that there shall be held, from and after the date of this meeting, a market for the sale of oats
on every Wednesday and every Saturday. wº-
“Resolved, That the following persons be appointed to the here-mentioned situations: James
Gillender, superintendent of stalls; William Burrows, corn crane-master; John M. Enally,
shamble crane-master; and Bernard M*Enally, butter inspector.”
About three years ago the corporation directed butter in firkins to be weighed free, in con-
sequence of a person engaged in that trade having commenced to weigh at his own scales,
and thus obtained an advantage over other buyers who paid for weighing. -
51. A Market Jury was first appointed in the borough about two years ago.
It was appointed by a bye-law of the corporation. No jury was appointed at the last
meeting of the corporation.
The Market Jury Acts, 27 Geo. III. c. 46, and 28 Geo. III. c. 42, s.9, have not been
carried into operation. -
From entries in the books of proceedings of the “Court Leet of the Corporation of
Monaghan,” market juries appear to have been annually appointed at those courts.
52. The Corporation have not been at any time in possession of Property in lands. It was
alleged that a tradition existed of the lands called the “Corporation” having formerly
belonged to the corporation. However, the name “Corporation” seems alone to have given
rise to the tradition. This name seems to mark the jurisdiction of the corporation.
A bowling-green was alleged to have been formerly public property, but to have been
enclosed and leased by the proprietor of the manor upwards of 20 years ago. -
The interest of the corporation in the tolls, &c., under the before-mentioned documents, and
which is limited to the lives of the grantors, appears to be the only property to which the
corporation is entitled.
53. The Population, by the census of 1831, amounted to,
Males - tº {E} - 1,842
Females º sº - 2,006
- Total use ºmºmºsºmº 3,848
Families chiefly employed in agriculture º tº - 116
in trade, manufactures, or handicraft - - 406
not comprised in those two classes - tº- - 168
Total sº sº sº - — 690
Houses, inhabited - tº e - 540
uninhabited sº - 25
building - tº º - 16
Total * ºf ºmmº 581
54. We send copies of the following Documents:—
1. Oaths of office.
2. Bye-laws, and other proceedings.
3. Printed accounts, &c., of town-committee, &c.
WILLIAM ELLIOT HUDSON, • *
MATTHEW RICHARD SAUSSE, } Commissioners.
Inquiry held 19th and 20th September, 1833.
M. C. I. 11 I
MONAGHAN.
Market Juries.
CoRpoRATE
PROPERTY.
STATE of the Town.
Population.
Documents.
954 REPORTS FROM COMMISSIONERS ON
MUNICIPAL CORPORATIONS IN IRELAND.
955,
R E P o RT
ON
THE BOROUGH OF NEWTownARDS.
11 K
956 REPORTS FROM COMMISSIONERS ON”
C O N T E N T S.
Page
LIMIts g º e o & º º e 95.7
CHARTER tº º © º © o Q º 957
Book of Proceedings o o & e © 957
CoRPorATE Body . • • º e . . 957
Style . e e º tº © o g 957
Classes º e º © º º de 957
Provost . © © © © e o 957
Free Burgesses . o o Q gº 957
Freemen © º te o o o 957
Constitution . e 3. * o & 957
JURISDICTION . . . © e º º e e 958
Borough Court . tº º © º e 958
Quarter Court c º © o º o 958
Manor Court. o º Q * , O © 958
Court Leet . o º © o º 6 959
Quarter Sessions . o º O o • 959
Petty Sessions . . º © © © sº 959
Prisons º e * º e e º 959
MUNICIPAL Regui,ATIONs . º e º tº ſº 959
Police, &c. . • © º • • º 959
FAIRs and MARKETs. º © e © ſº o 959
Tolls . e º ſº © © © & 959
STATE of the Town . tº e o go e e 959
Population . e e º º © e 959
Documents sent . º © © © © 960
1MUNICIPAL CORPORATIONS IN IRELAND. 957 DOWN.
NEWTOWN-
ARDS.
BOROUGH OF NEWTOWNARDS.
1. THETown of Newtownards is situate in the parish of the same name: one portion of the LIMITs.
borough is in the barony of Ardes, the remainder in the barony of Castlereagh.
The Limits of the borough are reputed to be co-extensive with a district called the “Corpo-
ration,” which is assessed as a distinct denomination for the county rate, under a local tribunal
acting for the borough, called the Quarter Court.
The “corporation” is estimated to contain about 1,200 acres.
2. The only Charter respecting the borough which we found is that dated 25th March, CHARTER.
11 Jac. I. (A. D. 1613), enrolled Rot. Pat. 11 Jac. I. p. 1, m. 10.
3. We found only one Book of Proceedings of the corporation, which commenced 3d March Book of Proceed-
1741, and contains the entries of the corporate acts from that time to the present. Ings.
4. The Corporate name is “The Provost, Free Burgesses, and Commonalty of the Borough of Corporate Body.
Newtowne.” e Style.
5. The charter directed that the body should consist of a provost, twelve free burgesses, and Classes.
freemen.
The charter mentions two serjeants-at-mace, but there are not any inferior officers of the
corporation, nor connected with it, save those appointed by the “ §º Court,” which is
hereimaſter described.
6. By the charter, the Provostis eligible out of the free burgesses annually on the feast of Saint Provost.
John the Baptist, by the provost and major part of the free burgesses, for one year from the
feast of Saint Michael ensuing, and until another of the free burgesses shall be elected and
sworn into the office of provost.
The practice for many years has been, to allow a provost once elected to hold on for life.
He is made judge of a borough Court of Record, to be held weekly on Fridays, with juris-
diction in personal actions to the extent of five marks, but that court has long since been
discontinued.
He is made clerk of the market within the borough; but the charter grants no market to the
corporation.
He was, before the Union, the returning officer of the borough, which returned two Mem-
bers to the Parliament of Ireland.
The only functions now actually performed by the provost are those connected with the
“Quarter Court” of the borough.
7. The Free Burgesses are eligible by the provost and remaining free burgesses, and hold Free Burgesses.
during good behaviour.
The direction of the charter was, that, on the death of a free burgess, the provost and
remaining free burgesses of the said borough, for the time being, might assemble, &c., and
that the provost and free burgesses so assembled, or the greater part of them, should elect one
or so many as should be deficient of the number of 12 free burgesses, from the better and
more homest inhabitants of the borough, &c. (ac quod dict, praeposit. et liber. burgens. sic
congregat. vel major pars eorum antequam decesserint unum vel tot, quot defecerint de praed.
numero duodecim liber. burgens. de melior. et magis probior.inhabitant. burgi praed. in
locum sive loca ipsius liber. burgens, velipsorum liber. burgens. sic mortui &c. aut mortuorum
&c. eligere possint &c.)
We quote these words here thus particularly, because on them depends the question whether
this corporation has or has not within itself the means of prolonging its existence.
The charter granted to the provost and free burgesses the power of returning two Members
for the borough to the Parliament of Ireland,
8. The charter went to incorporate all the inhabitants in terms similar to those in other Freemen.
charters granted in the same year.
The existing book, which records the acts of the sovereign and free burgesses, contains no
entries of the admissions of freemen. In 1772, and for a short time after, a single individual
appears to have signed the proceedings as a “freeman.”
There are not now any persons admitted as freemen.
In the books of the Quarter Court, under the date of 1756, several persons were presented
“for not being freemen.” º
From that entry, and from the general nature of that Court, we are disposed to infer that
originally the right of inhabitancy was recognised and acted upon, and that this Court was
established under some ancient bye-law of the corporation, delegating certain powers to a jury
of inhabitant freemen. or-
9. The corporate influence appears, at an early period in the last century, to have settled in Constitution.
the then owner of the estate of Newtownards, a Mr. Robert Colville. About the year 1744 he
sold the estate to one of the Stuart family; but the Ponsonby family, who were connected with
Colville, had contrived to obtain an ascendency in the corporation, which they retained, though
not without a struggle. They were not residents, and their title being attacked on the ground
DOWN.
958. REPORTS FROM COMMISSIONERS ON
NEWTOWN.
ARDS.
JURISDICTION.
Borough Court.
Quarter Court.
Manor Court,
*
of non-residence, they had influence sufficient to procure the passing of the Act 21 Geo. II. c. 1,
s. 8, (A. D. 1747,) since called “the Newtown Act,” which, on pretence of want of Protestant
inhabitants fit to be intrusted with corporate offices, and to prevent the mischief of interrupting
the peace, order, and good government of corporations,” permitted the election into the offices
of burgesses and other offices, notwithstanding the person not being an inhabitant of or
resident within the town or borough at the time of his election. -
In 1787 the Ponsonby family, treating the corporation as their property, sold the borough
to the Alexander family, the friends of the one resigning their offices of burgesses, and those of
the other being elected in their room. +.
At the time of the Union, the right of returning Members to Parliament was extinguished,
and compensation to the amount of £15,000 was awarded to James Earl of Caledon, as the
“ patron.” .
º the Union Lord Caledon (Alexander) exchanged this borough with Lord Londonderry
(Stuart) for his borough of Newtown Limavady, the friends of each mutually resigning as
burgesses in the one, and being elected in the other.
No proceedings had been had from 1799 until the 8th of March, 1803, when six burgesses
resigned, and in the same year six others were elected in their stead; and on the 24th of June
the Earl of Londonderry was elected provost, and sworn in on the 29th of September.
No proceedings were had from that time until 1821, when Lord Londonderry died, and a
meeting of nine burgesses was convened, who elected the present provost, Mr. Cleland. He
was re-elected on the charter day, 24th June 1821, and three additional burgesses were then
appointed. He was sworn in on the 29th September 1821, and no corporate meeting has
since taken place.
There are now only seven burgesses, besides the provost, alive; and although those, if all
present, would constitute a sufficient assembly for general corporate purposes, yet circum-
stanced as they are, some of them residing at great distances, it seems very improbable that
such a meeting can be convened. -
The words we have quoted from the charter (which are peculiar) admit of the construction,
that the remaining free burgesses, though they be not a majority of the whole body of 12,
have, with the provost, the power of restoring the number; if this construction be not correct,
seven free burgesses must be present to elect a provost; and if the provost should die,
and also one of the seven free burgesses, we conceive the corporation will be dissolved.
10. The Borough Court of Record, mentioned in the charter, as we have said, has long been
disused. Thomas Murray, who was provost in the last century, is supposed to have been the
last provost who held the court.
II. The Quarter Court, as it is called, is now held but once a-year; its name (no other
derivation being suggested) leads to the supposition that it was formerly held every quarter.
The period of holding it is between Michaelmas and Christmas. It is held before the
provost, and is composed of 23 inhabitants, who are summoned and sworn by the provost as
grand jurors.
When appointed and sworn, they proceed, something in the manner of a court-leet, to elect a
number of officers, who are sworn to the performance of certain duties. Those marked (*)
are still appointed :
& *Constable,
*Applotter or Assessor,
*Appraisers,
*Viewers of Weights and Measures,
*Viewers of Flesh, Tallow, and Hides,
*Cloth and Yarn Viewers,
*Coal Measure Viewers,
*Meal and Grain Viewers,
Malt Viewers,
Ditch Viewers,
*Street Viewers,
Troner,
*Market Clerk,
*Yarn Gauger.
This court has exercised the power of presenting money, to be levied off the borough, for the
following purposes. Those which are marked (*) are still presented, viz.:
*Allowance to Yarm Gauger,
Allowance to Applotters,
Winding and keeping in order the Church Clock,
Ringing the Church Bell, .
Adjusting and providing Standard Weights and Measures.
The sums voted have been extremely moderate, seldom exceeding £1, £2, or £3, for each
object. The money presented for at the Quarter Court is added, by the applotters appointed
there, to the borough proportion of the county cess, and the whole amount is applotted together
on the borough somewhat in the manner formerly used at Armagh.
There is one old entry (14th October 1757) presenting certain persons for misdemeanours.
12. By letters patent (enrolled 2 Car. I. p. 2. m. 13), King Charles I. granted to Viscount
Montgomery to hold a Court Leet in Newtown, and Courts Baron every three weeks in the
Upper Clandeboy and in the Great Ards; also to hold a Court of Record in Newtown and
Donaghadee before his seneschal, with jurisdiction for sums not exceeding £10 sterling, and
to have a prison at Newtown and at Donaghadee.
MUNICIPAL CORPORATIONS IN IRELAND. | '959
Down.
The borough lies within the manor of Newtownards, and the semeschal, under this charter,
exercises the usual jurisdictions of Manor Courts, both by attachment of goods according
to the course of the common law, and by civil bill, under the statutes, in personal actions to
the extent of £10 Irish. He is appointed by the Marquis of Londonderry, as lord of the
IYla.[] OI’. -
The seneschal exercises jurisdiction by attachment of goods, where the debt exceeds £2,
and where the party states an apprehension of the debtor's goods being removed from the
manor. If, on inquiry, he finds that such removal is not apprehended, he requires the plain-
tiff to resort to the civil bill process, which is less expensive.
The affidavit to ground the attachment does not state the debt to have been contracted
within the jurisdiction. It states the residence of the defendant within the manor.
Goods taken on the attachment remain in the custody of the marshal or bailiff, unless
bailed. Bail is taken by the seneschal himself. -
Attorneys of the superior courts are permitted to practise in this court without any special
admission.
The court sits on Saturdays, from three weeks to three weeks. The attachment issues as of
one court day, returnable on the next, and judgment can be obtained on the third court day.
The seneschal has not a schedule of his fees, neither does he keep a rule-book, though fees
are charged as for, rules to plead entered. He preserves the declarations and pleadings,
(which are on paper,) and the issue-papers sent to the jury. Where he or his clerk prepares
the pleadings he charges from 10s. to 13s. 4d. for the trouble.
The bailiff has fees of 2s. 6d. on executing an attachment, and 1s. on serving a notice of
trial on the defendant.
The costs on attachment of goods amount to 15s. 3d. ; the average amount of costs on
proceeding to execution is stated at £2 10s. In some cases, in consequence of the length of
the pleadings, the costs have reached to three guineas.
13. The seneschal holds a Court Leet for the manor once a-year. No power of assessmentis
exercised at it. Officers are appointed for particular districts; a constable and two or three
appraisers, and two or three applotters for each, except the district of Newtownards, for which
a constable only is appointed; his duty is merely to assist in preserving the peace.
14. The Quarter Sessions for the county of Down are held here twice in the year for the
division of Downpatrick, and the assistant barrister for the county then administers his usual
civil bill jurisdiction.
15. Petty Sessions also are held in the town.
16. There is not any borough gaol; there is a county Bridewell in the town.
17. With the exception of the regulations made by the Quarter Court and Court Leet, the
Police and other affairs of the borough are managed by the general establishments of the
county, provided for by grand jury presentments at the assizes.
18. King Charles I., by letters patent, (enrolled 2 Car. I. p. 2. m. 13.,) granted to Wiscount
Montgomery a weekly Market on Saturdays, and three Fairs on 12th September, 12th Janu-
ary, and 3d May, (O.S.,) and two days following each, with all and singular “tolnet', stallag',
picag', fines,” &c.
19. Tolls were formerly exacted at the markets held here, but the taking of them on market
days has for some years been given up. They are still collected at the fairs held, and are
claimed by the Marquis of Londonderry.
The charges made, are, tolls upon live cattle and stallage.
The amounts charged appear to us to require revision as being excessive.
20. The exaction of heavy toll is the more complained of here, as no accommodation is
afforded by the owner of the market, which is merely held in the open street.
It appears that the tolls do not produce above £6 in the year.
21. The Population, according to the census of 1831, was as follows:
Part in the Part in the
Barony of Barony of Total.
Ardes. Castlereagh.
Males - - - - - - - - 1,423 608
Females - tº gº gº º º - - 1,694 717
Total - - - 3,117 1,325 4,442
Families chiefly employed in agriculture º ºg | 10 95
,, in trade, manufactures, or handicraft - 505 x 125
, not comprised in the above two classes - 234 102
Total - tº º 849 322 1,171
Houses inhabited gº gº tº . tº tº tº 598 268
, uninhabited - gº º wº tº- wººs wº 82 38
, building tº J gº sº º •º tº 15 16
*mº *º
Total - ºg tº 695 322 1,017
NEWTOWN.
Court Leet.
Q:
Quarter Sessions.
Petty Sessions.
Prisons.
MUNICIPAL
REGULATIONs.
Police, &c.
FAIRs and
MARKETs.
Tolls,
STATE of the Town.
Population.
Down. 960 REPORTS FROM COMMISSIONERS ON
NEWTOWN-
ARDS,
Many houses have since been built, and the town is considered to be rapidly improving.
Documents. 22. We send with this Report copies of the following Documents:
1. A Schedule of Tolls and Customs.
2. The Oaths taken by the Officers of the Corporation and Corporation Jury.
WILLIAM ELLIOT HUDSON, }c Q &
MATTHEW RICHARD SAUSSE, j “”
Inquiry held 16th October, 1833.
MUNICIPAL CORPORATIONS IN IRELAND. * 961.
R EP o RT
THE BOR OUGH of NEW RY.
M. C. I. | ll L
962 , REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs . tº Q dº O e © O O 963
CHARTERs . o © º • e G º 963
Corporation extinct Q © O O Q 963
Elective Franchise . G dº Q O © 963
JuRISDICTION . © G © © Q O º 963
Manor Court. de © O ſº Q © 963
Court Leet . Ç © O o C tº 964
Quarter Sessions . º tº ſº Q © 964
Petty Sessions º © º © º © 964
MuNICIPAL REGULATIONS . © O wº • . • 964
Police . g o © © tº * > © 964
Repair of Streets . ſº º ſº Q ſº 964
Adoption of the 9 Geo. IV. c. 82 © ge tº 964
Assessments . & © tº © º 964
Accounts º g © º © 964
Lighting Ç tº tºr º © « » 965
Watching ©, º e o © o 965
Remarks tº © s ſº © Q 965
Newry Navigation . º © tº & Q 965
FAIRs AND MARKETs gº º e º º • 965
Tolls and Customs. © © G Q sº 966
Weighmaster o o O © * > e 966
STATE of THE Town tº © O º tº © 966
Population o o ſº º © © 966
Documents sent . e º tº º © 966
MUNICIPAL CORPORATIONS IN IRELAND. 963
Down.
A
|BOROUGH OF NEWRY.
1. THE Town of Newry is situate on a river running into the head of Carlingford bay, from
which the town is distant about five miles. The river divides the counties of Armagh and
Down, and separates the town into two portions, of which the portion in the county of Down
is by far the more considerable. Both portions are situate within the parish of Newry: the
portion in the county of Armagh is in the barony of Upper Orier; the portion in the county
of Down is in the “Lordship of Newry.”
The Limits of the borough, it is said, were formerly in dispute, but are now considered to
include the townlands of Lisdrumliska, Drumalane, and Ballinlare, and a portion of Lisdrum-
gullion, in Armagh; and the townlands of Ballinacraig and commons, and a portion of
Cornyhough, in Down. They include a large rural district, extending from about half a mile
to two miles, in different directions, from the centre of the town, and contain about 2,500
acres, (statute measure.) These limits were adopted by the Boundary Act, 2, 3 Will. IV. c.89.
The commissioners under the Act for lighting and watching, &c., adopted, in 1828, a boun-
dary, much within the limits of the borough; and afterwards, in December 1831, finding
even this to be too extensive, (the expenses of lighting and cleansing the outskirts not being
defrayed by the tax levied on the houses there,) they restricted the taxable limits within a still
narrower boundary. |
2. James I. by his Charter, 27th February, 10 Jac. I. A.D. 1612, (Rot. Pat. 10 Jac. I. p. 4,
m. 4, b.,) at the petition of “the inhabitants of the town of Newry, in the county of Down,”
ordained, that the said town and all castles, &c., within the town or its precincts, in the county
aforesaid, should be a free borough by the name of the borough of Newry, and he incorporated
the inhabitants by the name of “the provost, free burgesses, and commonalty of the borough
of Newry.” This charter is in words similar to the other charters of the same year. It granted
the provost and 12 free burgesses the power of sending two Members to the Parliament;
making the provost judge of a Borough Court of Record, to be held weekly on Mondays, with
jurisdiction in personal actions to the extent of five marks.
James II. by his charter, 3d September, 4 Jac. II. (A.D. 1688,) enrolled Rot. Pat. 4 Jac. II.
p. 4, m. 47, No. 14, stated that the borough of Newry, in the county of Down, was an ancient
borough, and that the provost, free burgesses, and commonalty, had used and enjoyed many
franchises, &c., within the borough ; and to be a body corporate, &c.; all which franchises,
by the judgment of the Court of Exchequer in Ireland, had been seized into his hands; and
thereupon he created a new corporation; this charter differed from the former in making
22 free burgesses, and granting the corporation a free market on every Tuesday, and two fairs,
viz., on the 9th September and the day following, and 9th June and the day following, unless
those days happened on Saturday or Sunday, and then on the Monday and Tuesday following,
with a Court of Pie Poudre and tolls, at an annual rent of 10s. ; and that the provost should
be clerk of the market. It also noticed a common clerk and recorder, and went to make the
provost and free burgesses removable by the Lord Lieutenant and privy council.
3. Those judgments of the Exchequer were held to be void for vant of jurisdiction, and the
charters founded on them fell to the ground. If the old corporation had subsisted up to
that time, we do not find that it ever afterwards was called into action. At least, it must long
since have died a natural death, and no trace of it now exists. \
4. The inhabitants claim to be a borough by prescription, but there is no trace of their having
returned Members to Parliament before the date of their first charter. The right of
election has been in the inhabitant householders, subject to the regulations imposed by the
statutes regulating that franchise, 2 Ann. c. 6, s. 24; 21, 22 Geo. III. c. 21 and c. 63;
33 Geo. III. c. 21, s. 16; 35 Geo. III. c. 29, ss. 55, &c.; 2, 3 Will. IV. c. 88. Since the
Union, the borough has returned one Member to the Parliament of the United Kingdom.
The numbers of voters, £5 (Irish) and £10 householders, registered for this borough, under
the Reform Act, have been as follows:
In 1832 º - º - 1,017
1833 -> - - tº- 61
1834 gº tº- tº- e- 78
-*-
Total - 1,156
The semeschal of “the manor and lordship of Newry” has been the returning officer of the
borough.
5. By charter dated the 27th of February, A.D. 1613, (Rot. Pat 10 Jac. I. p. 4 m.43, d.)
King James I. granted to Arthur Bagnall a Court before the seneschal of the manor, in pleas
to the amount of 100 marks. *
M. C. I. 11 M
NEWRY,
LIMITs.
CHARTERs.
Corporation extinct.
Elective Franchise.
JURISDICTION.
Manor Court.
º Down.
964 REPORTS FROM COMMISSIONERS ON .
NEWRY.
Court Leet.
Quarter Sessions.
Petty Sessions.
MuN1c1PAL REGU-
ILATIONS,
Police.
Repair of the Streets. J
Adoption of the 9
Geo. IV. c. 82.
Assessments,
The jurisdiction of the seneschal extends over the borough of Newry, and a number of other
townlands, in the counties of Down and Armagh :
In Down º tº º - 9,664 acres.
In Armagh - - - - 11,434 acres.
The seneschal holds his Manor Court on Wednesdays, from three weeks to three weeks,
with jurisdiction, by process of attachment of goods, as far as 100 marks (£66 13s. 4d.)
He requires an affidavit of the debt, and that it shall state that the debt was contracted
within the manor and lordship, and within the jurisdiction of his court. ' :-
He never attaches nor issues execution against the person.
Goods taken on attachment are brought to the seneschal's store, and kept there until bail is
given, or the cause determined. He charges storage at the rate of 1s. 8d. per week, whatever
the quantity of the goods may be. When cattle are taken they are put to public livery, and
the semeschal exercises his discretion as to the allowance to be made for the livery. When the
goods or cattle are sold, he retains the expenses of storage or livery, together with the debt
and costs.
Bail is given to the semeschal himself.
The only officer of the court is a bailiff, who executes the attachment process, and summons
the juries.
The declaration may be filed on the same day on which the attachment is returnable, and
judgment may be had by default if the defendant do not plead on the next court day. The
defendant does not get notice of assessing the damages, and execution may issue against his
goods without any notice, save what the attachment may give him.
Attorneys of the superior courts are allowed to practise without being admitted to this court;
but no costs are taxed for them against the party.
The seneschal has not a schedule of his fees, but charges as follows:
£ s. d.
For the attachment (including the fee for the affidavit and issuing distringas) 0 6 6
, declaration - --> gº wº * = } º sº gº * > - 0 3 6
,, plea sº wº º tºº * > wº gº wº gº * = ºr - O 2 6
, trial sº * sº sº º gº gº tºº º tº - 1 0 0
The bailiff has the following fees:
On each attachment - *º gº - O 5 0
,, execution 6d. for the first £1, and 3d. on each £1 after.
The jury have Is. each sº {- gº º gº * > ſº {-2 - 0 12 0
The costs on a judgment by default amount to £1 7s. ; on judgment after trial, to £27s.
The seneschal limits his jurisdiction by civil bill to £10; and this process is usually resorted
to, unless the debt exceed that amount, or the defendant is about to remove.
6. The seneschal also holds a Court Leet once, and sometimes twice in the year, at which con-
stables are appointed; but no money is assessed for any purpose.
7. The Quarter Sessions for the county of Down, for the division of Newry, are held twice in
the year in that portion of the town within that county.
Quarter sessions are also held for the county of Armagh, for the division of Market-hill,
twice in the year, in that portion of the town in that county called Ballybot.
8. Petty Sessions are held only once in the week, exceptin cases of emergency. Much incon-
venience in the administration of justice in the town is complained of. Some of the magis-
trates are not justices of both counties in which the town is situate, and delays, in consequence,
often take place, a justice of the peace of the proper county not being present. Cases arising
under the exercise of the powers of the watch (9 Geo. IV. c. 82, s. 48,) require to be imme-
diately disposed of. ~
9. The Police of the borough is principally attended to by the constabulary forces of the
counties of Down and Armagh. The leading Streets are repaired by presentments of the grand
juries of the respective counties at the assizes.
10. All the provisions of the 9 Geo. IV. c. 82, for watching, lighting, cleansing, paving, and
improving, were adopted in this town very shortly after the enactment of that statute. The
number of commissioners was fixed at 21, and 15 of the 21 first elected were re-elected in 1831.
11. The Assessments have been imposed, in each year, at the maximum allowed by the
t Act, viz.:
Houses valued at £ 5 and under £10 - - Rated at 6d. in the pound.
22 10 32 20 - « » 9 3 9d. 32
59 20 and upwards * > * , 99 ls. 95
The first set of commissioners published an account of the moneys received and disbursed by
them for the first and second years, up to the 31st July 1830. The second set of commis-
sioners, it is said, did not feel themselves warranted in publishing the accounts for the year
Accounts.
ended 31st July 1831, as not appertaining to their own business; nor had they, at the time
of our visit, (18th October 1833) printed the accounts for the years ended 31st July 1832,
and 31st July 1833. This they ought to have done in compliance with the 33d section of the
Act, which does not warrant the subsequent commissioners in declining to print the accounts
of their predecessors.
12. We were furnished with a copy of the printed Account (1829, 1830). It is much less
satisfactory than the printed account under this Act handed to us by the commissioners for
executing this Act at Dundalk, not exhibiting (as was done in the latter case) the full amount
of the assessment and the unpaid arrears.
MUNICIPAL CORPORATIONS IN IRELAND. 965
DOWN.
The receipts were as follows:
Amount of Tax Costs of Dis-
levied. Fines. tresses for Tax. Manure sold. Total.
3. . . £. s. d. f. s. d li f. s. d. £. s. d. fº. s. d.
Up to 31st July 1829 - 744 12 I 12 6 © º º , s e e 746 4 6
55 1830 . 1,202 13 6 0 12 0 || 9 |4 6 20 6 6 1,233 6 6
The disbursements amounted
f s. d.
Up to 31st July 1829 to - - - 729 16 4+
55 1830 to - * * - 1,101 6 0
The directions of the Act, “ each item being distinguished,” have been yery literally
followed; but the annexing of a summary of the disbursements upon each particular “pur-
pose” of the Act, separately, would render these accounts much more useful; and we think
it would be more conformable to the intention of the statute; there ought, at least, to have
been a separate account “ of all salaries, wages, allowances, and emoluments of the treasurer,
clerk, collector, or collectors, and other officers or servants.”
There is no statement of “charges incurred,” which the Act requires.
Mr. John Melling, the clerk, was paid £41 13s. 4d., 10 months’ salary, at £50 per annum,
1st August 1829; and again, £41, 13s. 4d., 10 months' salary, 18th January 1830; and
again £50, one year's salary, 31st July 1830; the reasons for those payments were not ex-
plained to us.
The only other paid officers are a collector, paid 6d. in the pound on his collections, and an
overseer of the watch, paid 12s. per week.
Seventy guineas were given to three persons for surveying and valueing the houses, &c.
13. The Lighting of the town is managed by contract with a gas company, who have not an
Act of Parliament, and are unable to extend their gas works under the canal which divides
the county of Armagh side of the town from the county of Down side.
They were paid
f s. d.
Up to 31st July 1829 - * = tº 305 O 0
33 " 1830 - - - 411 19 11
14. In 1829, 18 Watchmen were employed at 8s. each per week; the number was reduced,
in 1830, to 11. y
A few scavengers (six or seven) have been constantly employed, at small wages.
The remaining expenditure has been upon some small repairs of the streets, and incidents
of trifling amount, except a sum of £75 6s. for law costs; of these a sum of £250s. 1d. was
incurred in an action (Turner v. Henry, K. B.), in which the regularity of the proceedings for
bringing the statute into operation was questioned and established.
In that action it was determined that the seneschal was “chief magistrate of the borough”
within the meaning of the Act.
15. It is said that the poorer class of rate-payers complain of the assessment, and it is
recommended that £8 a-year should be the lowest class of house value subject to it.
Some dissatisfaction exists with regard to the clause which renders unpaid arrears a
perpetual charge on the premises without any limitation, and from the want of some clause
of exemption for premises unoccupied during the whole year. Alterations in these respects,
taken from the enactments in the Belfast and Dublin local Acts, would be beneficial amend-
ments. It is also desired that the commissioners should have a cheap remedy, (as by civil
bill,) against the persons of defaulters.
We were informed that there are not any public endowments for charitable purposes in the
town. There are, however, several institutions supported by subscription.
16. Various public grants have been made in aid of the Navigation from Newry to sea on
the one side, and to Lough Neagh on the other. 29 Geo. II. c. 1, s. 14; 3 Geo. III. c. 1,
s. 15; 5 Geo. III. c. 1, s. 7; 11 Geo. III. c. 1, s. 7; 11, 12 Geo. III. c. 1, s. 7; 7 Geo. III.
c. 1, s. 7; 29 Geo. III. c. 33, s. 2.
A corporation was afterwards formed for managing the navigation; 27 Geo. III. c. 30,
s. 23.; 33 Geo. III. c. 10; and an Act has recently been passed for its improvement and
extension; 10 Geo. IV. (Pub. Loc. & Pers.) cap. cxxvi.
Under this Act canal dues are levied on the tonnage of every description of shipping by
the Newry Navigation Company, for the preservation and improvement of the canal and
navigation on the river.
The duties are,
1s. per ton inwards.
ls. ,, outwards.
And produced y
f s. d.
In 1830 sº sº - 2,309 I
1831 - - - 2,414 3 10
1832 * > sº sº 3,029 11 8
17. The patent to Arthur Bagnall granted a Market on Thursdays, with all “tolls,” &c.,
thereto belonging; also a toll of 6 gallons out of every butt of sack brought for sale to Newry;
33 gallons out of every hogshead of wine for sale there; 3 gallons out of every barrel of ale
.NEWRY.
Lighting.
Watching.
Remarks.
Newry Navigation.
FAIRs and MAR-
KETS,
powN.
966 REPORTS FROM COMMISSIONERS ON
NEWRY.
Tolls and Customs.
Weighmaster.
State of the Town.
Documents sent,
to be sold there; and 4d. out of every barrel of salt to be sold there. It also granted the
assize of bread, ale, and wine. * - $
18. Lord Kilmorey, who is lord of the manor, and appoints the seneschal, also claimed the
Tolls and Customs. The collection of them has been given up for several years. By the
docket, which is still kept up, they appear to have comprised long lists of exactions under
the various heads of customs at markets, customs at fairs, and sea customs.
The markets are held on three days in the week, Tuesdays, Thursdays, and Saturdays.
The market on Tuesdays is for grain; that on Saturdays is a meat market.
The tolls, when exacted, were taken on every day in the week, and gates were placed all
round the town, at which the goods were intercepted at their entrance. An action was
tried, in which the toll collectors were defeated; two grounds of their failure are mentioned,
viz. that it was illegal to demand the toll on a day not a market day; and that it was illegal
to demand it at the county of Armagh side of the borough.
A general resistance ensued, and the toll collectors, finding the difficulties in which they
were placed, abandoned the collection. The tolls seem to have been demanded as toll-
thorough, contrary to the 4 Ann. c. 8. *
19. The lord of the manor claims the right of appointing the Weighmaster by the Act of 1705,
4 Ann. c. 14, s. 3, as owner of the tolls and customs.
The Act of 1751, 25 Geo. II. c. 15, s. 6, however, requiring the “chief magistrate” of
Newry to provide the beam, scales, and weights, seems to point to the seneschal.
The lord of the manor makes leases of the market-house, beams, scales, &c., reserving a
rent. His lessee, who acts, is not sworn as weighmaster.
This acting weighmaster formerly had the weighing of both corn and potatoes, but the
cranage upon corm has been given to another, acting in a different part of the town. The
weighmaster, or lessee, who still holds the market-house, charges for the weighing of pota-
toes, viz., 1%d. for “a sack,” (weighing from 2% cwt. to 6 cwt.,) and 16. for a “bag.” (weighing
under 23 cwt.) In this, and in other respects, the charges made are in violation of the enact-
ments of the 4 Ann. c. 14, and 25 Geo. II. c. 15, which regulate the office and fees of weigh-
masters in Ireland.
20. The following particulars are stated in the census of 1831:
County of Down, County of
Newry Lordship. Armagh.
Borough. The rest of. Total. Borough,
Males - & gº E_º º gº º 4,424 4,842 9,266 1,634
Females * Lºgº tºº &- *g gº 5,100 5,003 10,103 1,907
Total - º 9,524 9,845 19,369 3,541
Families chiefly employed in agriculture - 47 1,196 1,243 23
Ditto in trade, manufacture, or handicraft - 1,031 385 1,416 252
Ditto not comprised in those two classes - 773 178 95] 440
Total - gºes 1,851 1,759 3,610 715
Houses inhabited - gº &= * º 1,417 1,756 3,173 575
T)itto uninhabited - *-*. *-* º tºs 182 140 322 62
Ditto building dº * *-* gºs tºº 2] 9 30 tºmºsº
Total - º 1,620 1,905 3,525 637
Within the borough the population is 13,065
The number of families * sº 2,566
^ 35 houses §º tº 2,237
21. We send with this Report copies of the following Documents:
1. Resolution of the Commissioners under the 9 Geo. IV. c. 82, ascertaining the
taxable Limits of the Borough.
2. Schedule of Tolls and Customs.
WILLIAM ELLIOT HUDSON, us tº
MATTHEW RICHARD SAUSSE, } Commissioners.
Inquiry held 18th October, 1833.
MUNICIPAL CORPORATIONS IN IRELAND.
967
R. E. P. O. R. T
ON
T H E B O R O U G H OF R A N D A LST OW N.
968 *. REPORTS FROM COMMISSIONERS ON
C o N T E N T S.
Page
LIMITs º tº º Qº e • tº Q 969
CHARTER © º gº tº e Ç Qº © 969
No Corporation . e o * e © 969
- Elective Franchise Q . o • º tº 969
* Union Compensation (s Q tº ë tº 969
JURISDICTION G º g tº tº © Q 969
Manor Court cº • © º º tº 969
Court Leet . © & { } * * º º 969
FAIRs and MARKETs tº tº g º © º 969 ,
Tolls ę Q • gº p © tº 969
Weighmaster tº © o © © © 969
STATE of the Town O Q g e wº º 970
Population . º © º º gº º 970
Documents . © e Q & © © 970
MUNICIPAL CORPORATIONS IN IRELAND. 969
ANTRIM.
'A
|BOROUGH OF RANDALSTOWN.
H. RANDALSTOWN is situate in the parish of Drumaul, in the barony of Upper Toome,
and county of Antrim. -
The borough consisted merely of a narrow stripe of ground on the western bank of the
river Main, the boundaries of which are still recollected, and were described to us.
2. Charles II., by his Charter bearing date the 15th September, 36 Car. II. (A. D. 1683,)
(enrolled Rot. Pat. 36 Car. II. p. 2, m. 1, d.,) according to a Commission of the 14th March
in the same year, in consideration of a fine of £200 from Rose Marchioness of Antrim, and
according to an agreement and orders of composition of the 2d and 4th August, granted to
her the manor of Edenduffcarrick, &c., and further appointed, ordained, and declared that the
town of Ironworks, alias Mainwater, with its rights, members, and appurtenances, within the
said manor, should be called for ever by the name of the Borough of Randallstown, and by
that name he constituted it a free borough, and granted that the said borough and the greater
part of the inhabitants of the said town, and their successors for ever, should have authority
to return two Members to the Parliament of Ireland. And he further granted to the
inhabitants and their successors, that the sheriffs, &c., of Antrim, to whom writs of election
were directed, should make precepts to the seneschal of the manor of Edenduffcarrick for
the electing and returning the two burgesses.
3. No Corporation appears to have been constituted in this borough.
4. The borough continued, from the time of the charter to the period of the Legislative
Union, to return two Members to the Parliament of Ireland; the right of voting being vested
in the inhabitant householders, subject to the statutes regulating potwalloping boroughs in
Ireland; 2 Ann. c. 6, s. 24; 21, 22 Geo. III. c. 21—63; 33 Geo. III. c. 21, s. 16; 35
Geo. III. c. 29, s. 55, &c.
The power was, in fact, completely in the hands of the O'Neill family, who were the
proprietors of the manor and town. The semeschal of the manor was the returning officer.
5. Compensation amounting to £15,000 was granted for the extinction of the elective
franchise, or patronage of the borough, which took place at the Union, and was paid to
Charles Henry St. John Earl O’Neill.
6. The seneschal of the extensive manor of Edenduffcarrick holds here his Manor Court,
exercising a Jurisdiction in personal actions to the extent of £20.
7. He also holds a Leet Jury (of 23), who present a few pounds annually to be levied off
the manor for the repair of the manor pound, and of that part of the market-house in
which the court is holden.
º also appoint a market jury, constables, and a weighmaster, but do not assess any
salary.
8. We have not discovered any charter granting Fairs or Markets to be held here.
A monthly market and two fairs (16th July and 1st November) are held; toll taken
at the fairs only.
9. We annex a copy of the schedule of Tolls now posted up, but the charges there specified
are, we are informed, but “ half custom; ” a kind of compact existing between the persons
resorting to the fair and the collector, by which they submit to pay his charges on entering
the fair, without waiting, as the law requires, until there be a sale; the collector, in consi.
deration of this, abating one-half of what was formerly demanded. The existing charges,
even if there be a legal ground to exact them, appear to us sufficiently high. 5
Stallage is not now charged.
The whole amount of toll collected at the last fair previous to our visit was but 30s.
10. The Weighmaster is appointed by the court leet, although Earl O’Neill ought to
appoint under the 4 Ann. c. 8, if entitled to the tolls and customs.
The Weighmaster's charges in 1819 were 2d. on a large draught, and la, on a small
draught, being double the legal charges. He now charges but la, on any draught; still not
regarding the clause which limits him to 3d. on draughts under 1 cwt. Potatoes are jº
usually weighed here; but he says he would expect to be paid for weighing them.
º and markets were stated to have much improved since the charges have been
I'êCIUICeCI.
M. C. I. 11 N
RANDALSTOWN.
LIMITs.
CHARTER.
No Corporation.
Elective Franchise.
Union Compen-
sation.
JURISDICTION.
Manor Court.
Court Leet.
FAIRs and
MARKETs.
Tolls.
Weighmaster,
ANTRIM. 970 REPORTS FROM COMMISSIONERS ON
RANDALSTOWN. 11. Randalstown, according to the census of 1831, contained,
STATE of the Town. *
i. N Males - * = gº jº tº * -º 298
Females - gº sº sº s iº tº 320
*. Total - - – 618
Families chiefly employed in agriculture - 12
35 in trade, manufacture, or handicraft 69
35 not comprised in these classes º 29
Total gº - — 110
Houses inhabited - gº gº ºs *sº 108 wº
, uninhabited * g= gº wº 5 -
, building - tº sº gº tº 0
Total ſº * | 13
This borough is extremely unimportant in extent and population, nor is there a prospect of
any considerable improvement. Whilst it continued to return Members to the Parliament
of Ireland, they were always nominated by the ancestors of the present Earl of O'Neill,
without any opposition.
Documents, 12. We send with this Report a Copy of the Schedule of Tolls and Customs.
WILLIAM ELLIOT HUDSON,
MATTHEW RICHARD SAUSSE,
Inquiry held 26th September, 1833.
} Commissioners.
MUNICIPAL CORPORATIONS IN IRELAND. 971
R. E. P. O R T S
FROM
THE NORTH-WESTERN CIRCUIT.
M. C. Y. t 11 O
972
REPORTS FROM COMMISSIONERS ON
COUNTIES.
g- ~ —w
CAVAN. I.ONG FORD.
DONEGAL." ROSCOMMON.
FERMANAGH. SLIGO.
LEITRIM. TYRONE.
LONDONDERRY. WESTMEATH.
TOWNS. ܺ
I. AGHER gº C O O © & © County of Tyrone.
2. BELTURBET gº © © cº © tº County of Cavan.
3. CAVAN © © © © © tº County of Cavan.
4. CLoGHER . Č gº © © County of Tyrone.
5. LIMAVADDY . Q © tº County and City of Londonderry.
CoMMIssionERs.
JAMES MOODY, Esq. {
MATTHEW RICHARD SAUSSE, Esq.
6. BALLYSHANNON . o º © e G County of Donegal.
7. Boy LE © º © © O County of Roscommon.
8. CARRICK-ON-SHANNON . © County of Leitrim.
9. ColeraiNE tº O o County and City of Londonderry.
10. Don EGAL © º © & County of Donegal.
11. ENNIskILLEN O © © & County of Fermanagh.
12. GRANARD © de ë tº © County of Longford.
13, JAMESTown o o e County of Leitrim.
14. KILLIBEGS . º County of Donegal.
15. LIFFORD . • © © º County of Donegal.
16. LoNDONDERRY - & © o County and City of Londonderry.
17. Longford o º ſº © County of Longford.
18. MULLINGAR O o º ſº County of Westmeath.
19. SLIGo O • ſº & © County of Sligo.
20. STRABANE G tº © © © County and City of Londonderry.
21. ST. Jo HNSTOWN . C © * Q º County of Donegal.
22, ST. Johnstown . º & º tº County of Longford.
CoMMIssionERs.
C O N T E N T S.
JAMES MOODY, Esq.
DAVID R. PIGOT, Esq.
MUNICIPAL CORPORATIONS IN IRELAND. 973
R E P O R. T
T H E B O R O U G H OF A G H E R.
974 REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
Page
LIMITs tº © º e • © * © 975
CHARTER © wº tº © © O o g 975
Documents . • tº tº Q d º 975 .
CoRPorATE Body o º tº tº Q g © 975
Style . • • © O tº g Q 975
Constitution . O ſº o ſº tº . . 975
Burgesses * tº tº º tº tº O 975
JURISDICTION . © © . . . e c C 975
Borough Court o g s g & © 975
Manor Courts Q * } = gº tº • º 975
Form of Proceeding * , © * g 975 .
Costs tº sº ſº ... ſº 2& * jº 975
PROPERTY tº o e e © tº tº © 1976
FAIRs and MARKETs . iſ , º « » * > e tº 976
Tolls and Customs * e © © © 976
Weighmaster tº Q g & © © 976
Schools o e tº o O e . * Ö 976
STATE of THE Town . o . O O O © 976
Population . . . . O Q º O 976
MUNICIPAL CORPORATIONS IN IRELAND. 975 TYRONE.
* * AGHER,
|BOROUGH OF AGHER.
THE Borough of Agher is situate in the county of Tyrone, and lies in the parish of
Clogher, and barony of Clogher.
The borough was disfranchised by the Act of Union, and the corporation immediately ceased
to exercise any of the privileges granted to it by the charter.
1. The charter incorporated the “town of Agher, and the precincts of Spuroial Castle,” into LIMITs.
a free borough.
The Boundaries of the borough do not appear to have been at any time more accurately
ascertained.
2. The Charter bears date 15th April, 11 Jac. I. (enrolled Rot. Pat. p. 1, m. 29, 11 Jac. I.) CHARTER,
and is stated to be granted upon the petition of the inhabitants, and for the better planta-
tion of Ulster. -
3. No corporation books or records (with the exception of an ancient list of burgesses, Documents.
without date, in the possession of one of the former patrons) appear to have been kept at any
eriod.
p 4. The Title given to the corporation was “The Burgomaster, Free Burgesses, and Com- CoRPoRATE Body.
monalty of the borough of Agher.” Style.
5. Beside granting to the Corporation at large the privileges of electing a burghmaster, 12 free Constitution.
burgesses, two serjeants at mace, and of holding a Civil Court of Record within the borough,
with jurisdiction to the extent of five marks, it conferred upon the Burghmaster and free Remarks.
burgesses the power of returning two Members to the Parliament of Ireland. We
6. This latter appears to have been the only privilege, beyond the election of its officers, ever
exercised by the corporation. The only trace of any corporate act was afforded by the
evidence of a person advanced in years, who had some recollection of a few members of the
corporation having been seen going into a public house in the town, to confirm the election
of two Members of Parliament for the borough.
The borough was perfectly close, the officers of the corporation having been uniformly
appointed by the patron of the borough for the time being. The inhabitants never derived
amy advantage from the privileges granted by the charter.
For many years before the Union of Great Britain and Ireland, the patronage of the
borough was jointly vested in the families of Moutray and Bunbury, who, about ten years
previously to that event, disposed of their interest to the Marquis of Abercorn, and he received
to his own use the sum of £15,000 awarded by the Commissioners under 40 Geo. III. c. 34,
as compensation for the loss of political patronage arising from the disfranchisement of the
borough.
7. Three Burgesses are said to be the only members of the corporation now in existence. Burgesses.
8. It does not appear that Freemen were at any time admitted into the corporation. Freemen.
9. The Court of Record, mentioned in the charter, does not appear to have been held. JURISDICTION.
10. The semeschal of the Manor within which the borough is situate holds a Court Borough Court.
within the borough. - Manor Court.
This court exercises jurisdiction to the amount of 40s. late currency, and is held every
three weeks. A court leet for the manor is held once in the year.
11. Attachments, by distringas, are granted against the goods of the defendant upon a Form of Proceeding. .
statement, merely, of the debt having accrued within the jurisdiction. In this respect the
practice is contrary to the enactments of the 36 Geo. III. c. 39, which directs that no process
to compel appearance shall issue out of Manor Courts, unless an affidavit shall be made and
filed in such court, that the cause of action has arisen within the jurisdiction of the court, or
that the defendant is then residing within the jurisdiction.
The attachment is removed on bail being given. The bail sign a written undertaking, at
foot of the distringas, to pay the debt if the defendant does not.
Should the plaintiff succeed, the decree is filled up against the defendant and his bail
iointlv.
J It }. generally executed upon the goods of the defendant, but this is not considered at all
compulsory ; and in practice the bail have been occasionally resorted to in the first instance,
and the amount levied off them without application to the defendant.
After return of the distringas, six days' motice of a declaration filed entitles the plaintiff to
a trial at the next court day.
All subsequent proceedings are oral, and conducted as in civil bill cases.
The jury are not considered entitled to any ſee. The successful party, however, is always
expected to give the jury “a drink” after the verdict.
12. The Costs of recovering a debt by attachment are the same as in civil bill cases, under Costs,
the statutes regulating costs, in the latter.
The semeschal has regularly made returns of all causes tried, and the proceedings therein,
to the clerk of the peace of the county, pursuant to 25 Geo. III. c. 44. N
TYRONE,
976 REPORTS FROM COMMISSIONERS ON
AGHER,
PROPERTY.
FAIRs and
MARKETs.
Tolls and Customs,
Weighmaster.
Schools.
Population,
This court, notwithstanding its irregularities, is represented as giving general satisfaction, and
affords a practical example of a jurisdiction combining the popular process of attachment
with the cheapness of the civil bill jurisdiction.
13. The corporation does not appear to have been at any time possessed of Property.
There are some very unsatisfactory traditional accounts of the existence of commons said
to have belonged to the corporation, but enclosed for at least the last 100 years by the
lords of the manor.
Some land near the town is still called “ Burgess Acres.” . Each burgess is alleged to
have been formerly entitled to an acre. The land has been private property time out mind,
and the name alone seems to have given rise to the tradition. -
14. By patent 16 July, 9 Jac. I, two Fairs were granted to be holden in the town on 1st
November and 1st May, (O.S.) and the day after each, and a weekly Market on Monday, re-
serving a rent of 10s. ; by a subsequent patent, 12th July, 6 Charles I., two additional fairs
were granted to be holden on 17th March and 3d August, (O.S.) and the day after each,
with a similar reservation of rent to the Crown.
15. The collection of Tolls and Customs has been recently given up by the proprietors of
the manor (by whom they are claimed), with a view of benefiting the town.
16. The Weighmaster in the borough is appointed by the proprietors of the manor.
He charges 10. for each article weighed at his crane, without any reference to its weight.
Potatoes are not exempt.
In these respects the charges are in violation of the provisions of the 4 Ann. c. 14; 25 Geo.III.
c. 15.
There are no standard weights kept in the town, nor has the weighmaster compared or
adjusted his weights by those in the possession of the clerk of the peace of the county.
17. There are two Schools in the borough—one for boys, the other for girls.
The first was built upon part of the Commons Hill, or Fair Green, granted by the pro-
prietors of the manor to the deans of Clogher, in trust for a school-house, and from funds
provided by the “Lord Lieutenant's School Fund.”
Since its erection it has been supported by private subscription, and a small weekly payment
of 1d. per week by each pupil. The average attendance is 30 boys.
The female school is supported in a similar manner, and has an average attendance of 28
pupils. s
18. In 1831 a person employed by the Dean of Clogher to take a census of the entire Popu-
lation of the town and immediate vicinity of Agher gave the following return:
Protestants sº wº tºp * = } 500
Roman Catholics tº tºº tº 332
Total gº - — 832
The town is stated to be rather improving.
JAMES MOODY,
MATTHEW R. SAUSSE,
Inquiry held 26th December, 1833,
} Commissioners.
MUNICIPAL CORPORATIONS IN IRELAND. 977
R. E. P. O. R. T
B O R O U G H OF. B E LTU R BET.
M. C. I. - 11 P
jºy
REPORTS FROM COMMISSIONERS ON
C O N T E N T s.
LIMITs . º & O
CHARTERs. e º Q
Books and Documents
CoRPoRATE BoDY © º
Officers tº e
Provost, Election of .
Functions of
Privileges, &c., of .
Burgesses, Election of
Functions of
Privileges of
Freemen, Election .
Privileges, &c.
Quarterage
Town Court .
Serjeants at Mace
Town Clerk
Treasurer
Herd ©
Marshal ſº
Foreman of Market Jury
Poundkeeper
JURISDICTION . º º
Borough Court
Petty Sessions e
Prison . w ©
MUNICIPAL REGULATIONS
Town Court
Market Jury .
Police e
Roads, &c. º
Schools .
Charities
FAIRs and MARKETs .
Tolls and Customs
Weighmaster
CoRPoRATE PROPERTY o
Commons
Alienation of
Eleemosynary Grants
Revenue . e
Expenditure .
STATE of THE Town
Population, &c. e
Remarks
Documents © e
Page
979
979
980
980
980
980
98.1
981
981
981
982
982
982
982
982
982
982
982
982
982
982
983
983
983
983
983
983
983
983
983
983
983
983
984
984
984
984
984
985
985
986
986
986
986
986
986
MUNICIPAL CORPORATIONS IN IRELAND. 979
CAVAN.
BOROUGH OF BELTURBET.
1. THE Borough of Belturbet, as created by charter, comprises “ the town and pre-
cincts thereof.” The Limits were described by the town clerk thus, “ commencing at the
river, at the part called the Ducking Stool; then winding round an adjoining point of land,
running into the water, and running along a ditch which divides Strahaglen from the cor-
poration. It then goes past the Wesleyan preaching-house, leaving it on the right, and by
the right side of Mr. Gumley's house, past the glebe-house, leaving it to the left; then
goes straight on by Keolahan's corner house, up by Mr. John Gumley’s wall, then straight
on to the church gate, thence to John Morton's house on Holborn Hill, at the Cavan Road,
and thence from Morton's house and Bob Gumley's, adjoining to it, down to the river,
which * forms the bounds as far as the Ducking Stool, from which the boundary com-
menced.”
The district comprehended within those limits is termed “ the corporation.”
By an entry of an ancient date (1714,) it appears to have been formerly the custom to
Ride the Franchises of the corporation.
This custom has, however, long since fallen into disuse.
2. The Charter of incorporation bears date 30th March, 11 Jac. I. and is enrolled
(Rot. Pat. 11 Jac. I. p. 1, m. 27.) whereby the King, upon petition of the inhabitants, and for
the purpose of furthering the plantation of Ulster, according to the form of the republic of
England, incorporated the village of Belturbet, and precincts thereof, into a borough, and
granted to the borough to be a corporation, consisting of a provost, 12 burgesses, and the com-
monalty, with a power to them of returning two Members to the Irish Parliament.
The charter incorporated all the inhabitants.
It further granted to the corporation a Court of Record, with jurisdiction to five marks, to be
held on each Tuesday, weekly, before the provost; together with power to make bye-laws
and elect two serjeants at mace; also a weekly market on Thursdays, and a fair upon the
1st of June, unless it should happen to fall upon Sunday, and them upon the Monday
following, with Court of Piedpowder, and all tolls and customs thereunto belonging. It consti-
tuted the provost clerk of the market.
3. Shortly after the date of this charter there appears on record an Indenture dated 20th
May, 16 Jac. I. enrolled (Rot. Pat. 16 Jac. I. p. 6, m. 27,) between Sir Stephen Butler and the
corporation of Belturbet, by which the said Sir Stephen Butler, “ as well for the observing,
performing, fulfilling, and keeping, of certain articles, orders, conditions, and covenants, set
down by the Lords of the Council of England, for the erecting, planting, and establishing of
a market town and corporation in Belturbet, dated 18th July 1610, as well as for other
good causes, &c.” gave, granted, and confirmed, unto the provost, free burgesses, and commiſialtie,
the several poles or parcels of lands following, viz. Keyle Italry, alias Bealtirbert, being two
pooles of land, Derryfade, being one poole of land, Cornanucklagh, being one poole of land,
Keyle Ivehy, being one poole of land; three pottels, or one-fourth part of the poole of land
called Moy; and one pottel, or one-fourth part, of the poole of land called Shroghcoghlin,
with all their appurtenances, &c., then being in the tenure and occupation of the said provost,
free burgesses, and commíaltie, all which contain amongst them 200 and four score and
four acres of land, more or less, and lying, being, and situate in the barony of Loghetee, in
said county of Cavan, and all messuages, buildings, bogs, commons, &c., thereunto belonging
or appertaining. This indenture further professes, on the part of Sir Stephen Butler, to
grant to the corporation one weekly market on Saturday for the whole of said day, with
Court of Piedpowder, and reasonable tolls, picage, stallage, custom, &c., to such like market
and Court of Piedpowder belonging; also two yearly fairs, to be held one upon the Wednesday
preceding Ash-Wednesday, and the other upon the feast of St. Bartholomew, together with
Court of Piedpowder, and all reasonable tolls, &c., to such or the like fairs belonging, &c. It
further grants to the provost, free burgesses, and commialtie, to hold a Court of Record every
BELTURBET.
LIMITs.
Riding the
Franchises.
CHARTERs.
Jac. I.
Indenture.
16 Jac. I.
Saturday before the bailiff and stewards of the provost, free burgesses, and commiſſaltie,
with jurisdiction in all actions, plaints, suits, quarrels, or demands, of assaults, batteries,
mayhems, trespasses by force of arms, trespasses upon the case, debt, account, covenant,
deceipt, detinue of chattels, goods or chattels, ejectment, and contract whatsoever, and other
things, personal or mixed, within the town or hamlet of Bealtirbert, so as the debt, account, or
damage in the said actions shall not exceed £6 13s. 4d. Ir, for the time being, with the
power of proceeding by summons, or attachment of body or goods, within the hamlet of
Bealtirbert.
It further grants all reversions or remainders, in the said lands, fairs, &c., then vested in the
said Sir Stephen Butler, and excepts from the grant of the lands the tile-kiln yard on
Bºnd containing one acre, that part of Shroghcoglin used with the º of said
. C. I. l]
CAVAN.
980 REPORTS FROM COMMISSIONERS ON
se-–
BELTURBET.
Jac. II.
Books and
Documents.
CoRPoRATE Bony.
Style.
Officers.
Election of Provost.
Sir Stephen Butler, in or near Bealtirbirt, or with the mansion of one Nicholas Swanson, or
with the mansion-house of one Agnes Britton, then in the occupation of one Stephen
Richardson, and also that parcel of land appointed for the churchyard, and that parcel of
land lately in the possession of John Bostock Clarke, and the parcel of land lying between
the churchyard aforesaid towards the south-east, and the land adjoining to the mill towards
the north-west; together with all buildings, &c., thereupon; all which the said Sir Stephen
Butler lately had and attained to him and his heirs for ever of the grant of his Majesty, by
letters patent bearing date at Westminster, 2d August, 8 Jac. I.; to be holden by the said
provost, burgesses, and commialtie, and their successors for ever, of the said Sir Stephen
Butler, or other the lords of the fee, in fee-farm for ever, at the rent of 30s. yearly.
This grant was made subject to the grants of meestede, or burgage acres, at a reserved
rent of 3%d. per acre, theretofore made by Sir Stephen Butler to the inhabitants and free-
holders of Belturbet, the rent thereof to be thenceforward payable to the provost, burgesses,
or commonaltie; and this grant was to be construed by the grant of the King to Sir Stephen
Butler, and the orders of the Council in England respecting the plantation of Ulster. And
the indenture contains a covenant on behalf of the said provost, burgesses, and commonaltie,
that all and every the inhabitants of the said borough should be ready at all times to be
mustered and trained to arms upon the call of Sir Stephen Butler, or his heirs or assigns, or
any the Muster-master General of Ulster, or other his Majesty's officers in that behalf
authorized, and also that the said provost, burgesses, and commonaltie should grind their
corn at the mill of Sir Stephen Butler, situated upon the port of Shroghcoglin, near Beal-
tirbirt, except in the cases of improper grinding, or excessive toll being demanded; and it
witnesses that quiet and peaceable possession of said lands was given, upon the day and year
first above written, by Sir S. Butler, in person, to the provost, burgesses, and commonaltie.
4. There is also a charter of 11th April, 5 Jac. II. (enrolled Rot. Pat. 5 Jac. II. p. 1, m. 7, d.,)
which, in common with the other charters of that period granted by that monarch, is now
inoperative. *~
By an entry in the corporation books, of date 1687, the corporation appear to have then
surrendered their charter to Jac. II., having previously conveyed all their lands, tolls, and
other emoluments, to Thomas French, and others, in trust; probably with a view of pre-
venting their falling into the hands of the Crown.
The corporation appear to have taken advantage of the privileges granted both by the
charter of Jac. I, and the indenture referred to, irº the provisions of the latter when
more liberal than those granted by charter.
5. The Books containing the acts of the corporation are kept by the provost for the time being,
and occasionally given by him to the town clerk to make entries.
Three books were produced to us; 1st, commencing 5th December 1657, and ending
26th September 1738; 2d, in September 1738, and ending 24th June 1742; and the third
was continued from the latter date to the period of our Inquiry.
These books also contained entries of various proceedings at the borough and town courts,
together with enrolments of apprenticeship deeds, abstracts of leases granted by the cor-
poration, tables of ſees taken in the borough Court of Record, tables of tolls and customs,
the number of annual commonage tickets, and the names of the persons to whom issued.
6. The Style of the Corporation used within the borough is the “Provost, Burgesses, Freemen,
and Inhabitants of the Borough of Belturbet.” The word “inhabitants” appears to have
been added from a peculiar form of holding corporation meetings, which will be hereafter
noticed. In the charter of James I. and indenture, the corporation is entitled “The Provost,
Free Burgesses, and Commonalty of the town of Belturbet, in the county of Cavan.”
7. The Officers of the corporation named in the charter are,
One Provost.
Twelve Free Burgesses.
Two Serjeants at Mace.
The other officers are, e
Treasurer.
Town Clerk.
Herd.
Marshal Keeper, or Corporation Gaoler.
Poundkeeper.
Foreman of Market Jury.
Weighmaster.
8. The Provost is, by the charter, to be Elected by the provost and free burgesses from
amongst the latter upon the 24th of June annually, and sworn in upon 29th September next
ensuing, for one year, and until another of the free burgesses should be duly elected and sworn
into the office. ‘w
Although the provost is required by charter to be elected by a majority of the free burgesses,
yet, in practice, this has not been attended to, particularly since the union of Great Britain
and Ireland, when the corporation became of less importance to its patron.
The provost has been, of late, generally elected by himself and another free burgess, and
sworn in by the latter.
A remarkable entry appears on the corporation book of date 18th January 1800, by which
the office would seem to have been regulated without any regard to election. “Resolved
unanimously, that Humphrey Withers, Richard Dane, and John Moutray Jones, Esqrs.,
burgesses of this corporation, shall act alternately as provost of this corporation, paying the
MUNICIPAL CORPORATIONS IN IRELAND. 981
CAVAN.
usual allowance out of the tolls and customs to the other burgesses according to their seniority,
viz. f.30 per year out of the customs at fairs and markets. By order of 18th January 1800.
“J. MoUTRAY JONES, Provost.”
The provost has for a great many years exercised the power of appointing a deputy, and
by this means the present provost, (John Moutray Jones, Esq.) one of the gentlemen named
in the above resolution, continued (with very few exceptions in favour of his brother) to be,
as provost or deputy, the acting provost of the corporation for upwards of 50 years.
The reason assigned for adopting this mode of succession was, the non-residence of the
burgesses, and their being so scattered as to render it impossible to have a majority of the
entire number present at any election.
The present provost resides about four miles from the town.
BELTURBET.
9. The provost is chief magistrate of the borough. He presided at the borough Court of Functions.
Record when held; he summons and presides at all corporate meetings; acts as clerk of the
market, and appoints a market jury. He formerly gave a corporation dinner upon each
24th June, but this custom has of late years fallen into disuse.
By an entry in the corporation books in 1681, the provost was directed to buy weights to be
kept by the town clerk for the use of the town.
The present provost is weighmaster; but claims his authority to act as such, not under the
charter, but under a grant from Lord Belmore, the patron of the corporation.
The provost states that he is empowered by the burgesses to agree to anything on their
behalf which he may think for the benefit of the town. -
It is considered to be part of the provost's duty to see to the cleanliness of the town. He
does not attend to it; the county magistrates do not interfere, from a feeling of delicacy
towards him, and in consequence the cleansing of the town is neglected.
10. The provost for the time being is, by usage, the first magistrate named upon the com-
mission in the county of Cavan, and next in rank to the governor of the county. He formerly
sat with the judges at the county assizes, but has not for a great many years exercised this
privilege.
He also had a mace borne before him, which remains in the possession of the present
provost. -
In the year 1663 the provost appears to have been in receipt of the tolls and customs, as
he is directed to pay £5 out of the customs for the use of the corporation at large; subse-
quently he appears to have been allowed but £10 yearly out of that fund, and again to
have had a re-grant of them upon paying £20 yearly to the corporation at large.
However, in the year 1790, the tolls were divided between the provost and burgesses in
pursuance of a resolution of the corporation, passed at a meeting held in Dublin, as follows:
“The undersigned burgesses of the borough of Belturbet have unanimously agreed upon
the following resolutions:
“That the acting provost get 30 guineas a-year, he paying the corporation dinner,
24th June.
“That he is also to pay out of the remaining issues and profits all charges for repairing the
court-house, and every other charge usually paid by the corporation, and then to pay the
overplus to the burgess whose turn it was to be provost, to be disposed of in such manner as
he pleases.
“ Dublin, 25th Feb. 1790. “Signed by 12 Burgesses.
“John MoUTRAY Jon Es, Provost.”
From that period the provost received the customs, until about three years since, when the
collection of all tolls and customs within the borough was abandoned in consequence of a
general resistance to the payment of them.
The gross amount of the tolls and customs varied from £40 to £70 a-year.
As a burgess the provost is entitled to and enjoys the pasturage of four sums, or cows,
upon the corporation commons.
Whilst the borough court was held he was entitled to fees upon the different proceedings
in it. -
The right of commonage, and a ſee upon affixing the town seal to documents, (which is of
rare occurrence,) and the occupation of the provost's seat in the church, form the whole of the
present advantages of the office. {º
11. The Burgesses are by charter directed to be chosen from the inhabitants of the borough,
and to be Elected by the provost and free burgesses, or the major part of them. They are
elected for life, and by the usage of the corporation must be freemen previously to election.
Accordingly the usual course of election is, to admit and swear each individual as a freeman,
and immediately after elect him as a burgess.
The friends and relatives of the patron for the time being have been uniformly elected, at
his suggestion, and without any reference to the words of the charter, requiring inhabitancy
as a qualification. w
This departure from the charter in respect of inhabitancy is sanctioned by the 21 Geo. II.
c. 10, commonly called the Newtown Act.
12. The burgesses are, in fact, all non-resident, and, with the exception of one or two, never
attend at any meetings of the corporation, or at all interfere in any matters connected with the
borough.
No Roman Catholic has been ever admitted as a burgess.
The last election took place in 1810, and there are at present nine burgesses in existence.
No fees are paid on election.
Privileges and
Emoluments.
Election of
Burgesses.
Functions.
CAVAN.
982 REPORTS FROM COMMISSIONERS ON
BELTURBET.
Privileges, &c.
Freemen.
Election of.
Privileges, &c.
Quarterage.
Town Court.
Serjeants at Mace.
Functions.
Town Clerk.
Functions and
Emoluments.
Treasurer.
Duties and
Emoluments.
Herd.
Marshal or Gaoler.
Foreman of
Market Jury.
13. Each burgess is entitled to the pasturage of four sums, or cows, upon the corpo-
ration commons; but this privilege is now only claimed and exercised by the present provost.
Many years ago the occupation of from four to six acres of land, called “burgess acres,”
was an emolument incidental to the office. The land has long since become private property,
without any grant of the corporation appearing to warrant the change.
Burgesses were exempted from the payment of tolls and customs, and under the
arrangement of 1790, before referred to, enjoyed by rotation the residue of the tolls and
customs after payment of 30 guineas a-year to the provost, and the current expenses of the
corporation.
This allowance was given to the burgesses to recompense them for the expenses incurred
in occasionally coming to attend meetings of the corporation.
14. The charter incorporates all of the inhabitants in these words:– “We will, constitute, and
ordain, that all of the inhabitants of the town aforesaid, and so many, and such other men, as
the provost and free burgesses of the same borough for the time being into the freedom of
the aforesaid borough shall admit, shall be free of the said borough.” The provost and
burgesses, acting upon this clause as restrictive of a general right to freedom, have not
admitted any Freemen for upwards of 50 years, except for the purpose of qualifying those
immediately after elected burgesses.
15. About 45 years ago an application was made to the present provost to admit a person to
his freedom as a matter of right. On proceedings having been taken to enforce the claim,
the provost obtained an opinion from the Right Honourable John Fizgibbon, afterwards Lord
Chancellor Clare, whilst he was at the Bar, to the effect that the corporation had the power of
rejecting or admitting whom they pleased. : *
Upon this opinion having been obtained, the proceedings were abandoned, and no sub-
sequent attempt at obtaining admission has been made. d
However, from an entry in the corporation book of the year 1722, rights to freedom by birth,
servitude, and marriage, are distinctly recognised, and entries of enrolments of apprenticeship
deeds appear in different parts of the corporation proceedings.
A common council of 17 freemen was created in 1679, but seems to have been dissolved
in 1708. The freemen, as of right by inhabitancy, appear to have been those who were
possessed of what is now termed a “homestead,” and was, at the time of Sir S. Butler's grant
to the corporation, termed a “meestede.”
16. Freemen enjoyed an exemption from toll and custom, and, if resident, the commonage of
two sums, or half the privilege of a burgess. Roman Catholics have not been admitted to
their freedom since the relaxation of the penal laws in 1793.
Freemen were also exempt from a tax upon inhabitants, not members of the corporation, called
“Quarterage,” which appears from entries in the corporation books to have been formerly
levied here.
In 1708 there was a resolution of the corporation prohibiting freemen from selling their
right of commonage to any but freemen.
17. The municipal affairs of the borough are regulated by the inhabitants, assembled by
the provost for the time being, at what are termed “Town Courts.”
18. The provost appointed the Serjeants at Mace.
Since the death of the last serjeant, about two years since, there has not been one appointed.
He was paid and clothed by the provost out of his receipts from the tolls.
19. His Duties were to hold the mace at riding of the franchises or “fringes,” to act as
constable under the provost's order, and execute the process of the borough court.
20. The Town Clerk is appointed by the provost. His Duties are to attend upon the provost,
and all meetings of the corporation, when called upon, to enter the names of those entitled to
commonage in the corporation book, and to give out tickets as a warrant to the commons' herd
to admit the cattle of the holder.
He has no salary as town clerk; the only Emolument derived from his office is a fee of 2d.
on the issuing of each ticket, which does not amount to more than 14s. or 15s. in the year.
21. The Treasurer is not at present aregular officer of the corporation. He was appointed at
a meeting of the Town Court, held before the provost, to receive and disburse funds occasionally
received by a sale of part of the commons for public purposes. He has no salary or
Emolument.
It appears from an entry of a resolution in the corporation books, of date 1668, that whilst
the funds of the corporation were managed by the body at large, the treasurer was a regularly
appointed corporate officer, and prohibited from paying any money except under warrant of
three burgesses and six freemen.
22. The Herd is appointed by the provost to look after the cattle upon the commons, and
protect the grounds from trespass. He is not paid any salary, but is allowed a house and an
acre of ground, with the grazing of two cows and their calves in each year.
23. The Marshal, Keeper, or corporation Gaoler, ceased to perform any duties, upon the
corporation gaol having been prohibited to be any longer used as a place of confinement after
the passing of 7 Geo. IV. c. 74. The gaol was kept under the tholsel, or market-house, and
is reputed to have been a very damp and unhealthy place.
24. The Foreman of the Market Jury is appointed by the provost. He is always appointed
clerk of the market by the provost. His other duties are in common with those of the market
jury, which are hereinafter noticed.
\ MUNICIPAL CORPORATIONS IN IRELAND. 983
CAVAN.
25. The Poundkeeper is appointed by the provost. He is allowed a house and garden,
together with the fees attached to his office.
26. The Borough Court of Record, granted by the charter, has fallen into disuse for upwards
of 25 years. We were unable to obtain any authentic account of its proceedings. The
revival of a local court for recovery of debts by process of attachment of goods is con-
sidered very desirable.
27. Petty Sessions are held in the town, once in every week, by the county justices. The
provost acts at them occasionally, as a magistrate.
re-
28. The corporation gaol was kept under the tholsel or market-house, and is reputed to
have been a very damp and unhealthy Prison. For many years previous to the passing of
the Prison Act (7 Geo. IV. c. 74) it had been made use of as a place of temporary confine-
ment, previous to the transmission of offenders to the county gaol.
29. The Town Court of the inhabitants is held before the provost, and convened by him, as
often as he considers the interests of the borough require it. At present the inhabitants
generally are said to be allowed to take part in the proceedings, but no division is known
to have taken place at a meeting of this court, and it is supposed to be useless to offer any
opposition to the recommendation of the provost.
It is held chiefly for the regulation of the commonage, and of the district called “ the
corporation.”
All municipal acts are performed at this court, except the election of provost and burgesses.
Bye-laws are made for the government of the town, the corporation property is regulated, and
complaints of trespass, respecting commonage, and upon the private lands within the district,
are there disposed of by directing the market jury to investigate and adjust the complaint.
It is alleged that due publicity is not given of the meetings convened for the purpose of
disposing of, or granting out, parcels of the commonage.
A strong feeling prevails that, by this contrivance, an open competition for lots to be
disposed of is prevented.
This court is generally convened eight or ten times in the year.
30. The members of a jury, called the Market Jury, are appointed by the provost from the
inhabitants, without distinction. The foreman is appointed clerk of the market. The
number formerly was 24, but now, from a difficulty in procuring attendance, any number
over 12 is sworn in at the town court.
The present jury was sworn in seven years ago. It originally consisted of homestead-
holders only, and has, from a very ancient period, exercised a more extended jurisdiction than
the name imports.
In 1661, an entry appears in the corporation books of a presentment for nuisances at a
“jury of the clerk of the market.” Its present duties are, to divide the bogs in case of any
difference about turf lots; to decide upon any complaint of trespass of a public or private
nature brought before the town court; to inspect the fences when called upon by any inhabitant
of the corporation to do so; and to inspect the meat brought to the corporation market.
Until lately it was consulted by the provost upon all eleemosynary, or free grants, of
commons lands, to poor persons for building upon; and indeed the signature of the jury to the
memorial which in such cases was presented to the provost, and by him laid before a town
court, was formerly considered essential. - -:
The jury also keep a check over the herd, by occasionally, or upon complaint, going out
and counting the number of cattle upon the commons.
It forms, in fact, a court of arbitration within the corporation, and its jurisdiction seems to
be attended with very great benefit to the inhabitants, and its decisions are represented to
possess the singular good fortune of giving satisfaction to the disputing parties. The provost
claims the power of inflicting a fine of 40s. upon any inhabitant who, on being summoned,
does not attend to be sworn upon the jury; but no instance of the exercise of this power has
occurred within the memory of the inhabitants.
31. A party of the county constabulary form the only Police force in the borough.
The Streets and Roads within the district are repaired by presentments of the grand jury of
the county of Cavan at assizes.
32. The corporation granted an acre of ground for the establishment of a male School upon
Erasmus Smith's foundation, and also a site for the erection of a female school upon the same
establishment. They do not give any further support to the schools, and derive no privileges
from the grant.
The male school is also the parochial school, and receives the rector's school-fund of £2
a-year; 20 pupils are received upon the foundation. The reading of the Bible being compulsory
in the schools, Roman Catholic children attend there in comparatively small numbers; and
upon a national school having been recently established under the new Board of Education, all
the pupils of the Roman Catholic religion are stated to have left the former schools and
resorted to it: Id. a-week is paid by each pupil at each of the schools.
A Latin school formerly existed in the borough; and in 1704 there is an entry of an order
of the corporation to have a person put to that school.
33. In 1733 the corporation granted ground for the building of houses for the reception of six
poor widows, who are supported by a legacy left for that purpose by a Mr. Maunsell, of Dublin.
The fund is distributed by the rector for the time being.
A sum of £50 was left by a Mr. Johnson for the support of poor freemen of the corporation.
The principal was placed in the hands of the father of the present provost, who was also, fol
BELTURBET.
Poundkeeper.
JURISDICTION.
Borough Court.
Petty Sessions.
Prison.
1MUNICIPAL
REGULATIONS.
Town Court.
Market Jury.
Police.
Roads, &c.
Schools.
Charities.
CAVAN.
984 REPORTS FROM COMMISSIONERS ON
BELTURBET.
FAIRs and
MARKETs.
Tolls and Customs.
Weighmaster.
Union Compen-
sation.
CoRPoRATE
PROPERTY.
Commons.
a great many years, provost of the borough; the interest was applied by him, and subse-
quently by the present provost, in conformity with the will of Mr. Johnson, as long as there
was a freeman in existence.
The last freeman died about 1819. The interest has not since been paid to any one.
Mr. Jones, shortly after the last freeman's death, made a return of it to the Commissioners of
Charitable Donations, as being a fund in his hands applicable to charitable purposes, but
never received any answer from them. He now conceives that he is not bound to pay it,
unless a security, which he supposes his father to have executed upon getting the principal
sum, is given up to him.
The interest of £100 is paid by Lord Lanesborough's agent: of late years this has been
paid to the rector or acting clergyman, but previously it was paid to the provost and rector,
for distribution among 20 poor widows.
Another charity, called Fellor's List, of £3 a-year, is paid to the rector for distribution;
and another of £6 a-year, paid by Mr. Knipe, is similarly applied.
34. There are six yearly Fairs; one under the charter of James I. ; two held under the
grant of Sir S. Butler; the time or manner in which the other three commenced to be holden
does not appear.
The days are:—
Ash Wednesday.
21st May.
12th June.
21st July.
4th September.
1st Thursday after 12th of November.
35. Tolls were collected at each of the fairs, and upon every day in the week, as well as upon
the charter market day (Saturday).
No tolls or customs have been collected for the last three ears, in consequence of the
farmers resisting the payment of them.
36. The provost has filled the office of Weighmaster of the borough for the last 10 years, and
claims to hold that office under a grant from Lord Belmore, as patron of the corporation.
The provost has appointed the town clerk as his deputy, who pays to the provost £15
a-year for the fees annexed to the office.
His charges are as follows:—
Butter, for each firkin - tº gº
Pigs, for each *_º tº e sº gº
Potatoes per creel, from 8 to 10 stone 1
Many of these charges are in violation of the Acts regulating the fees of weighmasters in
this country, 4 Ann. c. 14; 25 Geo. II. c. 15.
The claim of the patrons of the borough to appoint a weighmaster in the borough, and
the acquiescence of the corporation in that claim, have been the natural consequences of the
constitution of the body. s
Shortly before the Union, Lord Belmore purchased the borough from Lord Lanesborough
for £15,000. The latter, however, still laid claim to the tolls in his former right of patron,
and eventually Lord Belmore paid him £700 for the tolls and right to appoint a weighmaster,
which he, in fact, had considered incidental to the purchase of the political patronage in the
corporation, and comprised in it.
37. The Commissioners appointed under 40 Geo. III. c. 34, awarded £15,000 to Lord Bel-
more, but refused to give him any compensation for this £700, not conceiving it a part of the
purchase money of the borough. The entries in the corporation books do not afford any evi-
dence of any conveyance of the tolls having been made by the corporation, but rather show
the contrary to have been the case; and we conceive that their right to them is amply sup-
ported by the charter and grant of Sir Stephen Butler, together with long usage, evidenced
by numerous entries in the corporation books, from the earliest period of its records.
Beyond the supposed right arising from Lord Belmore's purchase, from Lord Lanes-
borough, of what the latter had no power to sell, his Lordship does not appear to have any
claim to the exercise of this privilege, which under the statutes would appear to be vested in
the provost for the time being.
Both the charter of Jac. I., and the grant of Sir Stephen Butler, gave to the corporation a
right to take “all reasonable toll and custom” at fairs and markets. However, of late years,
the patron (Lord Belmore) has been considered to claim this right, and the provost stated
that it was by his Lordship's permission that the division of the tolls and customs between the
provost and burgesses (as already stated) took place.
38. The Commons of which the corporation are possessed consist of about 120 acres,
plantation measure. The right of the inhabitants of the borough to enjoy this commonage is
regulated by the possession of the whole or a portion of a homestead. When the town was origin-
ally founded by Sir Stephen Butler, certain portions of the front of streets which were then
planned out were granted to individuals, under the name of meestedes or homesteads. To each of
d.
Oats per sack over 3 cwt. gº wº 2
55 1 cwt. tºº - I
,, under 1 cwt. dº * , 0}
Meal, for each cwt. º dº a tº I
2
2
MUNICIPAL CORPORATIONS IN IRELAND. 985
CAVAN.
these was annexed a right of commonage, viz. four sums or cows, the grazing of four cows, with a
portion of turbary. These homesteads were, after a time, divided amongst different tenants,
and the right to commonage was by usage similarly apportioned. Sometimes the right of
common was severed from the occcupation of the homestead by the landlords, but it generally
followed the possession of the tenement to which it was annexed. No homesteads were created
after the conveyance from Sir S. Butler to the corporation, and it would appear that the
commonalty originally consisted of the homestead-holders only; as, by an entry in the cor-
poration books of date 1675, the rights of “homestead or commonage” and freedom, were
conjointly allowed. The common was probably much larger formerly than it is at present,
as in 1708 the number of tickets for commonage issued was 254, and in the present year, when
but 82 were given out, the scantiness of the commons is complained of. For many years
back it has been the practice to take the cattle off the commons every alternate month from
the 11th May, to allow the pasture to recover; the value of the commons grass of a cow is
only 6s. for the year. The 82 tickets issued in the last year warranted the putting of 164
cows upon the pasture. The form of ticket issued by the town clerk is—
“ A. B. Sll IſlS.
“ J. C. MoRTON, Town Clerk.”
The commons appear, by entries in the corporation books from the earliest period, to have
been frequently leased out in order to form a fund for building and repairing the tholsel or
market-house, repairing the roads in the corporation district, and for other public purposes.
The benefit at present derived from them to each person entitled is so trifling, that it has been
strongly and generally recommended to have them leased out permanently, and the rent applied
to the support and improvement of the town. The value of the land is estimated at from
30s. to 40s, an acre. This would produce an income of about £200 a-year, which could be
very beneficially applied towards the improvement of the borough. -
39. The Property granted to the corporation by charter consisted of 284 acres of land, as
specified in the indenture between Sir S. Butler and the corporation before referred to. This
property has been reduced to the present commons, about 120 acres. The corporation are
not in the receipt of any rents, with the exception of some nominal reservations upon fee-farm
grants lately made of small portions of the commons, upon which fines, at the rate of 20
BELTURBET.
Alienation of Cor-
porate Estates.
years' purchase, at £3 per acre, have been paid. A fund of £175 has been lately (1833)
raised in this manner for the repairs of the market-house. The corporation, from the earliest
period of its existing records, (A. D. 1657,) appears to have adopted this mode of raising
extraordinary funds for public purposes. It appears probable that all the lands granted
to the corporation were treated as commons, with the exception of the burgess acres,
and of that part lying within and in the immediate precincts of the town. Of these
latter portions, leases for a very long term of years appear, from ancient entries in the cor-
poration books, to have been made to individuals at different periods, reserving rents varying
in amount from 1s, to £6 a-year. The chief rents granted to the corporation by Sir S.
Butler, as well as their other rents, appear to have been collected and received up to the year
1720, when rent for “ten years, chierſy for the corporation out of the homesteads or burgess
acres,” was received; but, from that period to the present, the collection of these chiefries and
the other rents seems to have been neglected, although the corporation still pay to the repre-
sentatives of Sir S. Butler the chiefry of 30s. reserved by the indenture before mentioned.
The only exception consists in the receipt of a rent of £3 a-year, which appears, by an
entry dated 27th March 1781, to have been reserved upon a lease of the “Town End
Park” to James Thomson for 40 years, from 25th March, then last past, and upon which
a fine of £41 was to have been paid.
There is an entry, or memorandum, in the corporation books, of date 1791, but apparently
written long after that period, by which Lord Belmore is stated “ to have lent the cor-
poration f:150 to repair the market-house; £50, a gift; the £100 to be paid, and interest
paid for it, until discharged by the rent of the “Town End Park,” and the “Galls.”
£. s. d.
Park - º wº º 3 0 0
Galls gº º sº 2 0 0
fº 0 0
It is signed “John Mourtray J ones, Provost.”
From the termination of this lease in 1821, to 1831, (when the ground was directed by
the town court to be sold to the occupying tenants, to raise a fund for the repairs of the market-
house,) no rent was received.
Mr. Jones, the provost, claims the interest upon this £100, as assignee of Lord Belmore.
He is also in possession of a plot of ground which was leased to him for 999 years, by
H. Withers, provost, at a rent of £2 10s. per year; this rent he sets off, in part, against the
interest he states to be due to him as assignee of Lord Belmore.
40. Upon a memorial signed by a number of the homestead-holders, with (until lately) the
approbation of the market jury, and the sanction of the town court, the provost has, from time
to time, made small Eleemosynary Grants of commons land, for the purpose of building, to
the persons recommended in such memorials as poor inhabitants deserving assistance.
It is only by reference to their various modes of alienation that the present diminution in
the extent of the corporation property seems capable of explanation, although, from the
trifling extent of commons granted or sold upon these occasions, it appears extremely probable
that some more extensive alienation, or rather usurpation, of its property must have taken
place, at some period not referred to in the existing corporation records.
M. C. I. 11 R
Eleemosynary
Grants. -
CAVAN.
986 REPORTS FROM COMMISSIONERS ON
BELTURBET.
Revenue.
Expenditure.
STATE OF THE
Town.
Population.
Remarks.
Documents.
It is a general cause of complaint amongst the Roman Catholic inhabitants, that all
applications by them for the eleemosynary grants, or for the lots of commons advertised for
sale, have been invariably refused.
They particularly complain of a late refusal to permit the purchase of one of the lots as
a site for a Roman Catholic place of worship: the provost stated that he was not aware of
the object, but, if he had, would have opposed the grant, as he conceived “ that the erection of
a mass house so near to the church as the lot looked for happened to be would have been
rather (as he expressed it) too close a connexion;” and that, from the difference of religious
feeling in the town, he should apprehend that the different parties might not agree.
The ancient mode of granting lands appears from an entry, 1686, to have been, by referring
the petition to viewers, who were to report on the next town court day, at which the cor-
poration either allowed or rejected the application.
The corporation, or town court, has at different periods granted small portions of land for
the erection of schools, a dispensary, barracks, and a small charitable foundation for the
reception of six widows.
41. The only Revenue which the corporation now possesses consists of reservations of 2s. 6d.
each upon 32 small lots of commons, granted within the last two years, and not exceeding in
the whole £4 a-year.
From tolls and customs the inhabitants at large derived little or no advantage, at least from
the year 1790, when they were divided between the provost and burgesses, as before stated.
The keeping up of a town serjeant by the provost was the only benefit derived by the borough
from them; the funds do not appear to have been applied to any other public purpose.
42. The market-house appears to have been always the principal object of Expenditure by the
corporation. Upwards of a century ago some grants, or subscriptions, were made towards the
repair of the highways within the corporation. The market-house, or tholsel, is at present
undergoing repairs. The contract is for £150; the produce of the sale of the commons, for
that object, was £175, leaving a balance of £25 in the hands of the treasurer.
43. The returns made upon the enumeration of 1831 state the following particulars:
Males - sº - - º º º -, - 92].
Females º cº dº - ſº º Q-9 - 1,105
Total population - º - — 2,026
Families chiefly employed in agriculture - º tº 6]
,, in trade, manufactures, and handicraft tº 150
, not comprised in the preceding classes º 155
Total º - — 366
Houses, inhabited - - tº tº dº tº- º 350
33 uninhabited º tº ‘º º - -- 9
,, building - º tº º * cº I
a' Total - - 360
44. A constituency of £5 householders, to elect burgesses possessing £25 a-year within the
jurisdiction, has been generally recommended as best suited to the state of the town.
45. This borough, until the year 1800, possessed the power of returning two Members to the
Irish Parliament. It was a close borough, and wholly under the influence of those who claimed
to be the patrons, or purchasers of its #. privileges. Originally created for Pro-
testant purposes, it always continued an exclusively. Protestant corporation. Intolerance to
Roman Catholics formed a part of the spirit of the times; and it is not unworthy of remark,
that, in a corporation which, within the last century, appears by entries in the books of
proceedings to have passed a resolution “to fine a suspected Papist 40s. until he should
leave the corporation district,” we now find that out of the present population above 1200
persons are Roman Catholics, and many in the possession of the property of those who passed
that resolution. *-
The town has little trade, and its improvement is supposed to depend upon speculative
advantages to be derived from a projected canal uniting Lough Erne (upon which it is
situated) with Lough Neagh and the sea. *
The town court and market jury have filled the place of the corporation with more advantage
and greater satisfaction to the inhabitants of the borough than a full corporation would most
probably have afforded. #
46. We have sent with this Report copies of the following Documents:
1. Rental of Corporation.
2. Certificate of Market Jury for Eleenosynary Grants.
3. Resolutions in 1827, 1831, 1833, relative to disposing of Lots of the
Commons.
JAMES MOODY, }c to ~~~~
MATTHEW RICHARD SAUSSE, j99".
Inquiry held 23d and 24th of December, 1833.
MUNICIPAL CORPORATIONS IN IRELAND.
*. 987
R EP o RT
T H E B O R O U G H OF C A V A N.
11 'S
988 REPORTS FROM COMMISSIONERS ON
C O N T E N T S .
^ Page
LIMITs . • - © © . o O . 989
CHARTERs . gº © tº O gº tº © . 989
Books of Proceedings and other Documents . . 989
Corport Ate Body 9. gº gº © tº º , 989
Style © Q Q o e . 989
Classes . © tº & tº G © . 989
Officers . G e e © tº tº . 989
Election, Functions, and Privileges of
Sovereign Q tº gº G tº . 989
Portreeves © wº º ſe tº . 990
Burgesses © o ſº º © , 990
Preemen . O e tº g O - 990
Recorder . wº e sº e gº . 990
Town Clerk © * > * , {} Q . 990
Serjeant at Mace º & © © • 990
Constitution . g tº e gº o . 990
Remarks . º © e e O , 990
JURISDICTION . © © © Q © ſº . 991
Civil Court © e © © Q O . 991
Assizes . © e © © e . 991
Quarter Sessions * tº tº © Q . 99 L
Petty Sessions © e o o tº . 991
Prison . • ſº gº & © e . 991
MUNICIPAL REGULATIONs . & º º Q . 991
& Town Court . ſº Q º © . 991
Bye-laws o & ge e L tº . 991
Police . * . Ç © © tº tº . 991
Lighting, &c. gº © Q º o . 991
Streets, &c. e © G o O Q . 991
Charities © © tº { } {º {º . 991
Schools . tº © * > ſº e © . 991
Remarks Q & o & & . 992
FAIRs and MARKETs . ge g tº © * . 992
Tolls and Customs . ſº © tº o . 992
Weighmaster . º © {º e tº . 993
CompoſtATE PROPERTY . © iº o tº . . 993
Revenue and Expenditure . o © i.e. . 994
STATE of THE Town . tº * Qe ſº e , 994
Population ſº © O © & © • 994
List of Documents . º º wº © . 994
MUNICIPAL CORPORATIONS IN IRELAND. 989 CAVAN.
* CAWAN.
B O R O U G H OF CAV A N.
1. THE Borough of Cavan, as created by charter, comprises “the town, or place, called ‘The Ln(Irs.
Cavan, and all that circuit and extent of land lying within the compass of a mile every way
round about the said town, to be measured and taken from the Stone House, or Castle,
wherein Walter Bradie, gentleman, now dwelleth ; the castle of Cavan, called O'Reilly's
castle, and the two poles of land called Rossgoglan, excepted.”
The boundary has not been more accurately ascertained, and this description is alleged to
have been found sufficient for regulating the extent of the town-court jurisdiction.
2. The governing Charter of the borough bears date 15th November, 8 Jac. I., and is enrolled CHARTERs.
(Rot. Pat. 8 Jac. I. p. 2, m. 16.) After reciting that Cavan was the only place of trade and 8 Jac. I.
commerce in the county of Cavan, and where the justices of assize and gaol delivery could
alone conveniently hold sessions, it mentions the services rendered by the town to the
forces of Queen Elizabeth in the great rebellion; and that the commissioners for the planting
of the late escheated land in Ulster had allocated 400 acres lying in and about the said town,
for the support and maintenance of a corporation to be there established.
The charter then incorporated the district before mentioned, and erected the inhabitants
thereof into a corporation, consisting of a sovereign, two portreeves, twelve burgesses, and
“ of so many as were then free and inhabiting in or of the said borough, and of so many
freemen as the sovereign, portreeves, and burgesses, for the time being, should amongst
themselves think fit to choose, according as the multitude of inhabitants should increase.”
It further granted to the sovereign, portreeves, burgesses, and freemen, the power of returning
two Members to the Irish Parliament. The other provisions of the charter will be subse-
quently noticed. -
There is also a charter of date 23d February, 4 Jac. II., and enrolled, (Rot. Pat. 3d March, 4 Jac. II.
4 Jac. II. p. 2, m. 39,) which recites the seizure of the franchises into the King's hands by
quo warranto out of the Exchequer, and grants to the corporation the same privileges which
it had formerly enjoyed. This charter, like others similarly circumstanced, was rendered
inoperative by the decision of the House of Lords in the case of Pippard v. The Mayor of
Drogheda, (4 Brown's Parliamentary Cases.)
3. Two Books relating to the acts of the corporation were produced before us, by the vice- Books of Proceed-
sovereign, who had some months previously received them from Major Nesbitt, one of the ings and Docu-
joint patrons of the borough. One related exclusively to acts of the corporation in elections, ments.
both corporate and Parliamentary. The entries commenced in the year 1698, and were
regularly continued down to 1st April 1818. -
The other book contained entries of various proceedings in civil causes depending before the
town or borough Court of Record from the year 1771 to 1796.
4. The Style of the Corporation is, “The Sovereign, Portreeves, Burgesses, and Freemen of CoRPoRATE Body.
the Town and Borough of Cavan.” Style.
5. The corporation is by charter directed to consist of one sovereign, two portreeves, 12 Classes.
burgesses, and of so many freemen as the sovereign, portreeves, and burgesses, for the time
being, amongst themselves shall thereafter think fit to choose, as the multitude of inhabitants
shall increase and grow from time to time.
6. The Officers of the corporation named in the charter are, Officers.
Sovereign.
Two Portreeves.
Twelve Burgesses.
Recorder.
Town Clerk.
Serjeant at Mace.
7. The Sovereign is directed by charter to be elected by the sovereign, portreeves, burgesses, Sovereign,
and freemen, out of the burgesses, on the Monday next after St. John's day, and to be sworn in Election of.
upon Monday next after St. Michael's to hold the office for one year. He is directed to be
sworn in before the sovereign, recorder, and two at least of the most ancient burgesses. It
has, however, been usual of late for the sovereign to hold over until a new one is sworn in;
and, in fact, the same person (Mr. Clements) has remained sovereign since the year 1818.
As there has been no recorder for many years, the latter requisite of the charter cannot have
been complied with ; and it appears doubtful whether the 13, 14 Geo. III. c. 42, which
provides for the absence of officers required by charter to be present at elections, also extends
to the swearing in of those already elected.
8. The sovereign is by charter to have the charge and free government of the town in the
same manner as the sovereign of Kells. He is constituted a magistrate and coroner within the
borough, and has usually exercised these privileges. He is empowered by charter to appoint,
during his absence, a vice-sovereign, from out of the burgesses, and with their consent, with
powers similar to his own.
Functions,
CAVAN.
990 REPORTS FROM COMMISSIONERS ON
CAWAN.
Privileges and
Emoluments.
Portreeves,
***
Burgesses.
Freemen.
Recorder and
Town Clerk.
Serjeant at Mace.
*
Constitution.
Remarks.
This privilege has usually been exercised, and the present vice-sovereign has continued in
office since 1818. The sovereign was formerly expected to give a dinner upon Michaelmas day.
He issues warrants of distress and sale to enforce payment of penalties under what are called
“ bye-laws” of the corporation. He looks after weights and measures in the borough, is clerk
of the market, and presides at fairs, where he (as a magistrate) exercises a power of enforcing
the performance of contracts by summary committal.
Although referred by the sovereign to some statute passed in 6 Anne, which, as he alleged,
warranted him in exercising this power, we have not been able to find any statute whatsoever
which would justify a committal under such circumstances; the practice seems to have re-
sulted from the extent of the power of the sovereign being ill defined and not understood by
the public.
9. The tolls and customs taken at the fairs were formerly taken by the sovereign, or his deputy,
in right of his office. Tolls and customs have not been collected for the last three years in
consequence of a general resistance to the payment of them. They were farmed out at a rent
of £40 per annum.
The sovereign has also, as coroner, the usual fees upon inquests, which are of rare
OCCUll"Ten Ce.
10. The Portreeves are directed by charter to be chosen annually by the sovereign, portreeves,
burgesses, and freemen, out of the burgesses. They have not for many years performed any
duties. From an entry in the corporation books, of date 1680, they appear to have acted at
that period as sheriffs “ to the town or borough court.” . It has long been a mere honorary
office without any emolument. No election has taken place since 1818, and only one of the
portreeves then elected is now living. ...t
11. The Burgesses are directed by charter to be elected by the sovereign, portreeves, burgesses,
and freemen, out of the freemen, as in the borough of Kells. The last election took place 1st
April 1818. Since 1821 there have been only six burgesses, including the sovereign, vice-
sovereign, and portreeves.
The burgesses have been generally non-resident, and are uniformly of the Protestant
persuasion. They perform no duties. Neither fees nor stamp-duty are paid upon admission,
nor is there any salary, or other emolument, incidental to the office.
12. The charter constituted such to be Freemen, and to exercise free trade and traffic in the
said town, as were then freemen, or exercising free trade or traffic, or then dwelling or inhabit-
ing in the said town or borough, and such others as the said sovereign, portreeves, and chief
burgesses of the said town, for the time being, should from time to time admit or receive into
the freedom of the said town.
The exclusive power of admitting to freedom, conferred by the charter upon the sovereign,
portreeves, and burgesses, has been i. as elsewhere, made subservient to the political interests
of the patrons. No freemen are now living, and it was only from entries in the corporation
book that we obtained evidence of their former existence.
13. By charter the Recorder and Town Clerk are to be elected by the corporation at large,
and are empowered to exercise such jurisdiction and authority as the recorder and town clerk of
Drogheda and Kells. The last election to the office of recorder was in 1785. The late town
clerk was elected deputy recorder previously to 1796. Neither offices have been filled since
1815, when the late town clerk died. º r
14. The Serjeant at Mace was directed by charter to be elected by the corporation at large.
His duties were to act as constable within the district. He was allowed, in lieu of salary, all
the toll which he could collect upon every day in the week, except upon Tuesdays (the charter
market day) and fair days.
15. Previously to the year 1722, two families of the names of Clements and Nesbitt obtained
paramount influence in the corporation, and divided its patronage between them by a
written compact, which appears in the corporation books in the following terms:
“Articles agreed on between Theophilus Clements and Thomas Nesbitt, Esqrs., concerning
the corporation of Cavan.
“Imprimis. That the said Clements and Nesbitt shall be sovereign, year about, of the said
corporation. Mr. Clements to be sovereign the next election, Midsummer 1723, and Mr.
Nesbitt the next year, and so successively, each in his turn.
“Secondly. That no person shall, on any pretences whatsoever, be admitted to his freedom
of the said corporation, without the joint consent of the said Clements and Nesbitt, either
personally present, or under their hands. tº . ~
“Thirdly. That if any vacancy shall happen either by death or resignation of any burgess,
then Mr. Clements shall first name the succeeding burgess, and then Mr. Nesbitt successively,
as they are to be sovereigns. º e *
“Fourthly. That although each has a right to recommend a burgess in his turn in case of
any vacancy, yet that vacancy shall not be filled up, unless both Mr. Clements and Mr. Nesbitt
approve of the person so recommended, either personally, or, in case of absence, under their
hands.
“Signed this 22d day of March 1722.
“THEO. CLEMENTs.
“THO. NESBITT.”
16. This compact was acted upon from its date, until the borough was disfranchised by the
Act of Union in the year 1800. The commissioners appointed under 40 Geo. III. c. 34,
awarded £15,000 (as compensation for the loss of the political patronage of the borough) to
be equally divided between the heads of those two families. From that period the borough
MUNICIPAL CORPORATIONS IN IRELAND. 991
CAVAN.
ceased to be an object of much interest to the patrons, who were not in any way connected by
property with the town. The corporation has since been suffered to sink gradually into
decay. For several years the vacant offices have not been filled up; and it is conceived, that
were it not for the income which the sovereign or his deputy derived from the tolls and
customs, the corporation would long since have become actually, as it is now *. extinct.
17. The charter granted to the sovereign, portreeves, burgesses, and freemen, a Borough Court
of Record with Jurisdiction over “all manner of debt, covenant, trespasses, account, detinues,
demands, and all other actions, as well real as mixed or personal, of any matter or thing
whatsoever arising within the said town or borough, or the limits thereof, so as the same
should not exceed in debt and damages the sum of £20 sterling, to be holden before the
sovereign and two or more burgesses from three weeks to three weeks,” and modelled the
powers and proceedings of this court generally (as well as a Court of Pie Poudre also granted)
upon those granted to the sovereign and burgesses of Kells, in their Court of Record (cog-
nizance of plea only excepted).
This court has not been held since the year 1796. From tables of fees and other entries
in the book relating to the proceedings of this court, attachment of body and of goods
appears to have been the usual process. The process of the “court is said to have been
inoperative in a townland called “Cadua,” which, as Abbey land, is still tithe-free. It contains
about 100 acres, and afforded this protection, although within the charter limits, and not
excepted thereout.
18. The Assizes for the county of Cavan are held here; also the Quarter Sessions for the
county twice in the year for the division of Cavan, when the assistant barrister holds his Civil
Bill Court under the statutes regulating that jurisdiction.
19. Petty Sessions are held weekly on Tuesdays before county magistrates.
20. There is no Prison under the control of the corporation. The county gaol is situate in
the immediate vicinity of the town.
21. The municipal affairs of the town were formerly regulated at courts held before the sove-
reign or his deputy, which, under the denomination of “Town Courts,” appear to have
exercised jurisdiction in the mature of a court leet, and of an assembly of the corporation.
“Market Juries” were appointed, and they elected constables, appraisers, &c., in addition to
their ordinary duties; and from entries in the corporation books (the last of date 16th June
1796,) under the head of “A List of several Nuisances, &c. &c., presented by the Market
Jury of the Town and Borough of Cavan, and approved of by Samuel Burrowes, Esq. Sove-
reign,” we find that regulations for the government of the town were made at these
courts, through the instrumentality of the market jury; and that, when approved of by the
sovereign, they were considered to be binding upon the inhabitants. The mode adopted
was this: a list or set of rules were sent up to the market jury; they adopted each, and
presented the breach of any to be a nuisance, punishable by a fine. The sovereign enforced
these regulations by inflicting the fines and levying the amount by his warrant for distress
and sale. No “town court” was held from 1796 until 1819, when a court was held for the
purpose of swearing in a macebearer, constable, and a market jury. Some accident having
occurred to prevent the latter from being appointed pursuant to the provisions of 27
Geo. III. c. 46; 28 Geo. III. c. 42, another “town court” was held in 1824, for the purpose
of enforcing cleanliness in the streets, &c. Upon this occasion an attempt was made to enact
“Bye-laws” in the following manner:-
22. The sovereign, vice-sovereign, and one burgess, met in the court-house, and in presence of
some inhabitants (who attended, but were not considered entitled, or allowed, to take any
part in the proceedings,) passed a number of regulations for the government of the town.
Penalties were attached to the breach of each, and the vice-sovereign has since had these
penalties levied under his warrant by distress; no sale has taken place, as the penalties were
paid, but the right to sell the distress is claimed. These latter rules have been considered to be
“bye-laws,” and were intended to be passed as such.
The corporation have from time to time made “bye-laws” for the regulation of the franchise-
fees upon admission, &c., but in no other instance for the government of the town.
CAVAN.
J URIs DICTION.
Civil Court.
Assizes.
Quarter Sessions.
Petty Sessions.
Prison.
MUNICIPAL
REGULATIONS
Town Court.
Bye-laws.
It does not appear that any resistance was at any time made to the imposition or levy of the
penalties.
23. The mode of enforcing the municipal regulations of the town, both under the market jury
presentments and by “bye-laws” as detailed, appears to us to be illegal. The market juries
had no legal power to impose, or the sovereign to levy, such penalties. The bye-laws as
passed are not sanctioned by law, and if they were, the power of selling a distress made under
them is not sustained by common law or statute.
The institution of a local court, with a well-regulated power of proceeding in the first instance
by attachment of goods, and with a moderate scale offees, is considered very desirable, and likel
to benefit the trade of the town by affording a cheap and certain mode of recovering small debts.
24. The county constabulary form the only Police in the borough. An attempt was made in
1830 to introduce into the borough some of the provisions of the Watching, Lighting, and
Cleansing Act (9 Geo. IV. c. 82); but it failed in consequence of a vestry not having been
previously held, as required by the statute.
25. The Streets and Roads within the district are repaired by presentment of the grand juries
for the county of Cavan at assizes.
26. There are no Charitable Funds under the control of the corporation.
About 150 years ago Sir Hugh Cullom left a small property, consisting of tenements in the
town, which now produces £9 12s. yearly, for the support of poor widows in the parish of
Cavan. Twelve are annually relieved by the rector, who has the distribution of it.
Remarks.
Police.
Streets, &c.
Charities.
CAVAN.
992 REPORTS FROM COMMISSIONERS ON
CAVAN,
Schools.
FAIRs and
MARKETs.
Tolls and Customs.
27. There are a number of Schools within the corporate jurisdiction, but none are supported
or controlled by the corporation.
In the immediate vicinity of the town, and within the corporate limits, is one of the royal
charter free-schools endowed by charter 15th December, 2 Car. I.
The townlands of Derraquin, Drumcrave, and Billas, which form its endowment, and
produce about £590 a-year, are vested in the Board of the Commissioners of Education in
Ireland, appointed under 53 Geo. III. c. 107.
The school-house (which was erected in 1819, at an expense, it is stated, of £9,000) has ten
acres of land attached to it. This, with £300 a-year, is given to the head master, who holds
by patent during pleasure, but usually for life. He does not give any gratuitous education in
return for his salary and emoluments.
It is stated to have accommodation for from 80 to 100 pupils. There are 10 at present. It
also receives daily pupils; 15 are now attending, and the school is stated not to have had so
many pupils since its erection.
The building, although so lately erected, is represented as being now in so bad a state, from
damp and decay of woodwork, that great part of it requires to be rebuilt.
The Board referred to, is, by the statute creating it, constituted the visitor of the foun-
dation. No visitation has been actually held since the erection of the school-house.
Complaints respecting the management of the school, and the appointment of the present
head master in 1832, were made before us. r
There is a school at Drumkean supported by the Society for discountenancing Vice, which re-
ceives the parish grant of £2 from the rector. -
The reading of the school Bible is compulsory. Four out of 45 pupils on the roll are
Roman Catholics. -
There is a female school under the same roof, supported by the London Ladies' Hibernian
Society.
At Curlurgan there are a male school and a female school supported by the London Hibernian
Society.
The Testament is made a school book; about 70 attend, and about one-fourth are said to be
Roman Catholics.
There is also a school established under the National Education Board, at which about
30 Roman Catholics attend; another is in progress of formation, although considerable
difficulty is apprehended in getting any other site for the school, in the vicinity of the town, than
part of the chapel-yard.
28. By letters patent 19th October 1 Jac. I, and enrolled (1 Jac. I. p. 2, m. 9, d.,) the right of
holding a Market in the town of Cavan on Tuesdays was granted to John Binglie, Gent.
The charter grants to the corporation a free market to hold on Tuesdays in each week, and
two Fairs to be holden within the said town upon 14th September and 1st November, except
either day fall upon a Sunday, and then upon the Monday following, and for the day after each
of those days, with Courts of Pie Poudre and clerks of entries, and all tolls, fees, and customs
appertaining thereto, paying 10s, yearly. f
Six additional new fairs are held,
1st February.
Easter Monday.
14th May.
30th June.
14th August.
22d December.
29. The corporation claimed Tolls upon all those days, but none have been demanded for the
last three years, in consequence of the collection having been generally opposed, upon the
alleged ground of want of title. The right, however, has not been legally contested.
As long as market custom was demanded, the corporation claimed it upon all articles
brought in for sale upon every day in the week, except Tuesdays (the charter market day), upon
which day Lord Farnham claimed and levied toll, until it was resisted by the public, and given
up, in like manner as the corporation toll. The corporation never contested the right to
these market-tolls with Lord Farnham, who appears to have received them for a great many
years past. -
The following is a Schedule of the Tolls and Customs payable on the ºš. in
the following fairs, held in the town of Cavan, and county of Cavan, in right of the corpora-
tion of said town, viz., 1st February, Easter-Monday, 14th May, 30th June, 14th August,
25th September, 12th November, and 22d December in each year.
Tolls on CATTLE ON THE FAIR GREEN. s, d.
s, d. | For every lamb or kid until the 1st of August, the
For every horse, mare, or gelding . . . º 0 6 rest of the year e e . 0 1
, , milk cow, springer, or with calf . . 0 6 , , ass or mule . . . . .” •. . 0 5
, , dry cow, two-year old heifer, or bullock , , covered tent, selling spirituous liquors
exceeding one year g e . 0 4 or entertainment . . . e . l I
, , yearling ditto or calves () 3 , , uncovered standing, selling eatables or
, , Pig e tº e • '• . 0 3 otherwise e º º . 0 5
, , small pig or suckling, on entering the {IN THE STREET on ELSEWHERE.
fair without having a ring or staple at , , carcass of beef . o 0 6
the nose, drove by the sow, or other- , , ditto of mutton or goat . 0 2
wise e e e º 0 1 , , ditto of calf . © o o , 0 2
, , load of small pigs carried . 0 6 , , ditto of pig ... . º º . () 3
, , car, cart, or crate of ditto . () 10 cow or horse auctioned, (except for rent
0 2 or under execution) e Q . 0 6
, , sheep or goat . º tº º
MUNICIPAL CORPORATIONS IN IRELAND. 993
CAVAN.
s, d. s, d.
For every covered standing Q © © . 0 6 For every car-load of frize or flannel . © • 0 6
, , uncovered ditto tº © Q . 0 4 , , car or back load of wool . º . 0 6
, , sack of meal, flour, oats, or potatoes . 0 2 , , car or crate of brogues o & • 0 4
, , back-load of potatoes e º . 0 2 , , ditto backload of plants . s ... 0 2
, , sack of salt . . . º • tº • 0 2 , , ditto cart-load of ditto . . º . 0 4
, , show or exhibiting stand or party . I 0 , , hardware or cheese standing . . 0 6
, , load of coals . e tº G . 0 4 , , other standing of any kind . © . 0 4
, , back-load of apples . . . tº 0 4 , , hawker of any kind . º © • 0 2
(Carts and cars in proportion.) , , leather-cutter . * ... • © , 0 4
, , standing of apples • o o . 0 4 , , calf, goat, or sheep skin . © • 0 1
, , stocking or cast clothes' man • . 0 4 , , back-load of crockery ware . © , 0 5
, , back-load of wooden ware • G • 0 5 , , car, cart, or dray. load ditto o . 0 10
, , car or cart load of same • ... • 0 10 , , delf, glass, or china standing e . 0 6
, , crock or bowl of butter, not exceeding , , load of fir, apple, quick, or any young
28lbs. . * gº º sº , 0 1 trees . o º © º . 1 0
, , ditto tub or firkin, exceeding said weight 0 2 , , load of vegetables . © O . 0 4
, , cow, bullock, or horse hide . © . 0 2 , , herring barrel . .." & o • 0 3
, , back-load of fish & e c , 0 2 , , back-load of any fruit © º . 0 4
, , car or cart load of ditto . & • 0 4 (Car or cart load in proportion.)
, , load of lemons or oranges • tº 0 2
WM. BURRowes, Sovereign of said Borough.
PHILIP DowdE, Receiver of said Tolls and Customs.
The vice-sovereign continues to pay a quit-rent of 8s. 5d. for the fairs, under the hope that
these tolls will be re-established, and that he will continue in the receipt of them as heretofore.
30. The Weighmaster has been appointed by Lord Farnham, who leases the market crane
to him at a yearly rent of £50.
His charges are, for d.
Oats, per sack - º 4 º' tº e 2 *
Meal, per sack - gº sº - 4 or 1d, per cwt.
Butter, each firkin - tº tº 2
Bacon, each side º gº sº 2
Groceries and parcels, a cwt. - I
And no charge less than 10. is made, if the article be even under one cwt.
The weighmaster has not been sworn, upon or since his appointment.
Most of the above charges are in violation of the Acts regulating weights and measures,
and the fees of weighmasters in this country (4 Ann. c. 14, 25 Geo. II. c. 15). Potatoes
are weighed free of charge at another crane.
The right of Lord Farnham to appoint the weighmaster in the borough seems extremely
questionable. The right to the tolls or customs was vested in the corporation by charter, and
if they retained the ownership of them under the 4Anne, the right of appointing a weighmaster
was vested in them. Lord Farnham's ancestors are alleged to have exercised this right for
|
CAVAN.
Weighmaster.
a great many years; but the corporation books do not afford any grounds for presuming that
a transfer had been at any time made; and until three years ago the corporation were in
receipt of the tolls and customs on all days, except that claimed by Lord Farnham.
31. By the charter 400 acres of land were granted to this corporation.
The names of the townlands have not changed since the period of the grant, and are all
situated within the corporation limits. The lands granted were,
“The Town of Cavan:
Tullymongan, alias Cavan º sº two polls of land.
Killnevarron * > tº- * > * * sº two polls of land.
Dromgoone tº º •º º gº two polls of land.
Dromeleagh tº dº gº sº º two polls of land.
Fourteen acres of Rossgoglan, next to the ford of Bally Kreighan. \
“Reserving out of this grant the Castle of Cavan, called O'Reilly's Castle, and the green
piece of land lying east and south-east from the said castle, enclosed with a ditch, containing
14 acres or thereabouts, being parcel of the two polls of Tullymongan aforesaid, and also,
except the residue of the two polls of land called Rossgoglam, to hold as of the castle of
Dublin in free and common socage by fealty, only reserving the yearly rent of 20s. current
monev.”
#. town of Cavan now belongs chiefly to Lord Farnham and Lord Annesley. Tully-
mongan is in the possession of Lord Maryborough and Mrs. Foster. Killnevarron belongs to
Mr. i.º. Dromgoone to Mr. Saunderson; Dromeleagh chiefly to Lord Annesley; that
part of it called the “Burgess Acres” to the late Mr. Castles; and Rossgoglan to Miss
Andrew and Richard Bell. º
The alienation of the corporation property must have been of very ancient date, as there is no
reference whatever to property in the corporation book commencing in 1698. The traditional
accounts of the alienation are extremely vague and contradictory. In a return made by the
vice-sovereign to the House of Commons, 17th February 1833, it is stated “that the lands
had been alienated by some means unknown to him,” and were then in the possession of the
families above stated, some of whose ancestors appear to have been burgesses of the cor-
poration;” and from this circumstance it is surmised that the burgesses, at an early period,
divided the corporation property among them. The ancestors of the present patrons are also
pointed out by traditionary evidence as the persons who possessed themselves of the property.
The corporation mace is in the possession of the ...; A silver cup of considerable
value was, some years since, given to be broken up and sold by his predecessor in office. About
30 years ago a gaol belonging to the corporation fell to ruin, and the ground was built upon
by a person who now claims title by adverse possession.
M. C. I. 11 T
f
PROPERTY.
CAVAN.
994 REPORTS FROM commissionERs on
CAVAN.
Revenue and
Expenditure.
STATE of the
Town.
Population.
Documents.
The Fair or “Gallows” Green, containing about 14 acres of a waste and stony common on
the top of a high hill, is the only remnant of property which this corporation now enjoys.
32. The corporation are not now in the possession of any Revenue whatever, and have no
Expenditure. * - - -
33. The trade of the town is stated to have increased since the collection of tolls and customs
was abandoned. The town itself is in an improving state, and appears to be capable of receiv-
ing considerable advantage from the government of a body selected by the inhabitants.
34. The returns made upon the enumeration of 1831 state the following particulars:–
Males - - - - - - - 1391
Females - - - - - - - 1540
Total population - - – 2931
Families chiefly employed in agriculture - II.0
,, . in trade, manufactures, and handicraft - 230
, not comprised in the preceding classes - 130
Total - - - - - – 470
Houses inhabited - - - - - - 441
, uninhabited - * - sº º 30
,, building - wº tº- tº º agº. 16
Total - tº º tº — 487
We have sent with this Report copies of the following Documents:
Table of Tolls and Customs.
List of Nuisances presented by the Market Jury, 1796.
Form of Grant and Table of Fees in the Civil Court.
Compact between Messrs. Clements and Nesbitt, 1722.
Return made by Sovereign to House of Commons, 1833.
JAMES MOODY, ..} commissi
M ATTHEW R. S AUSSE, 07/0%?.S$207,67°S,
Inquiry held 20th and 22d December, 1833.
MUNICIPAL. CORPORATIONS IN IRELAND.
995
M. c. 1
R E P o R T
ON
THE CITY OF C L O G. H. E. R.
11 U.
996
REPORTS FROM COMMISSIONERS ON
C O N T E N T S.
LIMITs & © • e © © © C
CHARTER º Q O © O dº O O
CoRPortATE Body . © o te © © ©
Constitution . © O © O o &
Documents . Q º Q g tº O
Remarks © © G tº º ſº tº
Union Compensation . © tº © ſº
Schools . © © º © e tº C
Courts . o • Q e tº tº Q
FAIRs and MARKETs O Q Q wº Ç ©
Tolls and Customs tº & © O ©
Weighmaster • e gº © . & ©
STATE of the Town © © O O & º
Page
997
997
997
997
998
998
998
998
998
998
998
998
998
MUNICIPAL CORPORATIONS IN, IRELAND, 997
TYRONE.
CITY OF CLOGHER.
CLOGHER.
1. BY a resolution of the Irish House of Commons, 29th March 1800, the Limits of the City LIMITs.
of Clogher were virtually declared to be co-extensive with the manor of Clogher, within which
the city is situated.
The manor belongs to the see of Clogher, and extends over a surface of about four square
miles. -
By charter the liberties were to extend three miles all around from the cathedral of Clogher.
The Bishops of Clogher, for a very great number of years previously to this resolution of the
House of Commons, had always nominated the Members of Parliament for the city without any
opposition, and the seneschal of their manor had been the returning officer. *
Upon the Bishop's nominees having been elected, 28th January 1800, in the usual way, a
petition against their return was presented by two candidates, who relied upon a tender of
votes made by the freeholders of the manor. /
The petition stated, “ that certain persons, with a view to confine the right of election
for said city to a small number of voters, and in order to secure to themselves the nomination
of the Members of Parliament, having suppressed or destroyed the records or evidences relating
to such right, and the semeschal being in consequence of such suppression or spoliation mis-
informed and ignorant of the real title and right of voting, had admitted several to vote for the
return of Members who had no right to vote, and refused others who tendered their votes for
the petitioners,” and prayed substitution.
The House of Commons declared the sitting Members unduly elected, and the petitioners
entitled to sit in their place.
2. By letters patent, of date 20th April, 5 Car. I. (and enrolled Rot. Pat. 5 Car. I. p. 2,
m.8, d.) the King, at the humble suit of James Bishop of Clogher, “requires and authorizes”
the Lord Lieutenant of Ireland to erect a perpetual corporation, consisting of a dean and chapter
for that see, and to grant to the said dean and chapter all benefices, lands, and privileges,
which had formerly belonged to the reputed dean and chapter of that see, and which were to
be surrendered to the King for the purpose of getting a charter. .
The Lord Lieutenant is further “required and authorized” to make a grant by letters
patent to the Bishop of ºl. of all lands formerly granted, and of all such as were omitted
to be granted to the late Bishop Montgomerie whilst he was Bishop of Clogher; and further to
grant to the said Bishops free fishing and free warren within the said lands, with a court, in the
nature of a Court Baron and Court Leet, to be holden in the town of Clogher, and also to grant
greater and more beneficial leasing powers of the see-lands to the said Bishop under certain
regulations therein specified. The King then directs, for the better civilizing and strengthening
of these remote parts with English and British tenants, and for the better propagating of the
true religion, that the Lord Lieutenant shall, by like letters patent, make the town of Clogher
a corporation.
3. The Corporation is directed to consist of a portreeve and 12 burgesses, to be at first nomi-
mated by the then Bishop of Clogher. A new portreeve to be chosen by and out of the burgesses
upon each Michaelmas day; and the Lord Lieutenant, for the better effecting thereof, is re-
quired and authorized to accept a grant and surrender by deed, to be enrolled in Chancery,
to the King, his heirs and successors, from the said Bishop of Clogher, of 700 acres Irish of the
lands so granted to the Bishop of Clogher, as near the said town of Clogher as may be, to grant
out the same to the portreeve and burgesses, to be holden of the Bishops of Clogher in free and
common soccage, yielding yearly to them 8d. British for each acre.
It further directs the Lord Lieutenant to grant to the said portreeve and burgesses leasing
powers, not exceeding 21 years, or three lives, upon the most improved rent and without fine,
and with certain covenants upon the part of the tenants to be performed.
The letters patent further directed the Lord Lieutenant to grant to the corporation a civil
Court of Record, to be held before the portreeve and burgesses and their steward for the time
being, with jurisdiction over a circuit of three miles, to be measured from the cathedral of
Clogher, and to the amount of £5 English, together with a place of confinement for debtors
taken in execution under process of the court.
A weekly market on Saturdays, and two yearly fairs, to be nominated by the Bishop, were
further granted to the portreeve and burgesses, the profits of the markets and fairs to go to the
Bishops of Clogher; and the portreeve and burgesses to have such other liberties, privileges,
franchises, &c., as are usual in such corporations, as were granted to the borough of Jamestown,
in the county of Leitrim. The charter also gave power to the portreeve and burgesses to elect
and return two burgesses to the Court of Parliament to be holden in Ireland.
The letters patent further directed that the portreeve and burgesses should covenant with the
King, his heirs, &c., that they would, within two years, out of the profits of 200 acres of said
land, erect a school-house, and maintain a schoolmaster, with a servant, for a grammar school;
CHARTER.
Corport ATR BoDY.
Constitution.
TYRONE.
998 REPORTS FROM COMMISSIONERS ON
p
to teach the children there to write and read English. The Bishops of Clogher to have the
nomination of the master from time to time.
The portreeve to have 200 acres assigned to him for his support, during his year of office, and
for payment of a steward, and a serjeant or bailiff of the said court; and that the rent and
profits of the remaining 300 acres should be divided between the burgesses, equally, for their
better support and maintenance; and it directed a covenant to be taken from the portreeve and
burgesses that they would send their corn to be ground at the mill of the Bishops of Clogher, then
Documents.
Remarks
Union Compensa-
tion.
Schools.
Courts.
FAIRs and
MARKETs.
Tolls and Customs.
Weighmaster.
STATE of the Town.
just erected.
4. We could not discover any Documents belonging to the corporation directed to be
established by these letters patent.
An accident is said to have destroyed the greater part of the records of the See of Clogher
about 40 or 50 years ago.
We were unable to discover any trace of the existence of a corporation beyond what ma
arise from a right of voting for Members of Parliament having been attached by the Bishops
of Clogher to the grant of each of the stalls in the cathedral, and the exercise of #. righ
5. Although the letters patent referred to are granted at the instance of the Bishop cºher.
and very considerable advantages are thereby conferred upon the see, yet the condition of
granting the land to the members of the corporation appears not to have been complied with,
or, if it was, the portreeve and burgesses abused the privileges conferred upon them, by
conveying to the Bishop of Clogher property over which they were only given a limited power.
The Bishops of Clogher are reputed to hold all the manor in fee, and no account of the
700 acres referred to in the charter, even of a traditionary mature, now exists.
6, The Commissioners appointed under 40 Geo. III. c.34, awarded £15,000 as Compensation
for the disfranchisement of this borough; and directed that sum to be paid to the trustees and
commissioners of first fruits, payable out of ecclesiastical benefices in Ireland, to be laid out
and invested by them in the public stock, or funds; the annual interest and proceeds thereof
to be applied by the said trustees and commissioners to and for the same uses and purposes
as the first fruits payable out of ecclesiastical benefices in Ireland are applicable by law, and
in such manner as shall tend most effectually to promote the constant residence of the clergy.
The claims of the Right Reverend John Lord Bishop of Clogher, the dean, chapter, and
prebendaries of the cathedral of Clogher, and the Rev. Hugh M'Nevin, seneschal of the city
of Clogher, were disallowed.
7. There is not any tradition of the existence of such a School as was contemplated by the
charter. There is one supported partly by the Bishop of Clogher, and the interest of a sum
of £420, bequeathed by Bishop Garnet for the purpose of education within the see.
8. The Bishop appointed a seneschal for the manor of Clogher. Since the death of the last,
about three years ago, no seneschal has been appointed, in consequence of the many complaints
made of the mode of conducting the court. Suitors were frequently obliged to threaten the
seneschal with an action to force him to come to a decision, which, it is said, he purposely
deferred for the object of increasing the amount of his fees.
The institution of a local court, properly regulated, is considered extremely desirable by
the inhabitants, as likely to prove conducive to the improvement of the town.
9. There are two old Fairs, which are supposed to be those granted by the charter. They
are held upon *
6th Mav.
26th July.
20th February,
20th October,
are not held under any patent, but have been instituted as advantageous to the town by the
inhabitants. -
10. No Tolls or Customs have been collected for upwards of 30 years.
11. The Bishop appoints a Weighmaster. His charges are correct, with the exception
of that upon the weighing of potatoes, which, under the Acts regulating the office and fees
of Weighmaster in this country, (4 Ann. c. 14, 25 Geo. II. c. 15,) ought to be weighed
free of charge.
12. The returns made upon the enumeration of 1831 state the following particulars:—
Males - - - - - - - 252
Females - - - - - - 271
Total population - — 523
Families chiefly employed in agriculture - 18
The new Fairs,
-JD in trade, manufactures, and handicraft 45
, not comprised in the two preceding
classes - * > i.e. * > * > 29
Total •º tº — 92
Houses inhabited * > vº º * > tº 81
, uninhabited - sº sº •º wº 2
, building gº Aº sº sº Jº 7
Total º tº — 90
The town is stated to be improving.
JAMES MOODY,
MATTHEW RICHARD SAUSSE,
Inquiry held 26th December, 1833.
} Commissioners.
MUNICIPAL CORPORATIONS IN IRELAND. aga.
R E P O R T
on
THE BOROUGH OF LYMAVADY.
1000 REPORTS FROM COMMISSIONERs pN
*
$
c o N T E N T s.
Page
LIMITs © e • ... • © © e ... 1001
CHARTER © e o © © º º ... 1001
Books and Documents . o G © ... 1001
CoRPorATE BoDY . º © O & © ... 1001
Style . ſº e e -> o e . 1001
Constitution . g º º o & ... 1001
Officers o * > © © • © ... 1001
Provost o cº º º © ... 1001
Burgesses, &c. º º O © ... 1001
Serjeants at Mace . © e G ... 1001
Freemen º o º º • • ... 1001
Remarks * tº ºr • * @ o ... 1001
Union Compensation © e º Q ... 1001
JURISDICTION º º © º o tº ... 1002
Borough Court º e e © . . . 1002
Manor Court o º º º gº ... 1002
Quarter Sessions . © & & © ... 1002
Petty Sessions º º © Q e ... 1002
MUNICIPAL REGULATIONs . º © & O ... i002
Police * • e e • , e. • * 1002
Schools * > º © e © º . 1002
FAIRs and MARKETs © © © © º ... 1002
Tolls and Customs © © º o ... 1002
Weighmaster e © © tº g ... 1002
PROPERTY o e º º O e © . . 1002
STATE of the Town . * > © © o tº Q 1002
Population . º º © © © ... 1002
Remarks O e o O * * ... 1002
W
4°
MUNICIPAL CORPORATIONS IN IRELAND. 1001 º:
RRY.
LYMAVADY,
P OR O U G H OF LYM A V A.D. Y.
THE Borough of Lymavady, now called Newtown Lymavady, is situate in the county of
Londonderry, within one mile and a half of the sea, and in the parish of Newtown Lymavady,
and barony of Kenaught. *
It is stated in the charter to be situate in the county of Colerane, but that county has been
long since incorporated with the present county of Londonderry.
I. The Limits of the borough, as described by charter, are “The Town and Precincts of LIMITs.
Lymavady;” they are not known to have been at any time more accurately ascertained.
2. The Charter of incorporation bears date 30th March, 11 Jac. I. (A. D. 1613,) and is CHARTER.
enrolled, (Rot. Pat. 11 Jac. p. 1. m, 22.) :
3. Four Books, containing entries of the acts of the corporation, were produced to us by a son of Books and
the late provost. The earliest commenced in 1659, and ended 24th June 1729; the next com- Documents.
menced in 1734, and ended in 1768; the third in 1771, ending in 1781; and the last commenced
at the latter period, and was continued down to 1808, which is the last entry of any act
connected with the corporation.
The first and second contained entries of the elections of provost and burgesses, and
admissions of freemen; also of bye-laws for the regulation of the town, and of assessments made
for public purposes upon the inhabitants under these bye-laws.
In the second there was a list of tolls and customs, and of the fees payable at the Record
Court in 1663. \
The two latter books contain nothing more than entries of the election of provosts and
burgesses.
The same gentleman who produced the corporation books has the corporation seal and CoRPORATE Body.
chain in his possession. -
4. The Style of the corporation is, “The Provost, Free Burgesses, and Commonalty, of the Style.
Borough of Lymavady.
5. The charter is granted upon the “petition of the inhabitants, and for the better plantation Constitution.
of Ulster, according to the form of the republic of England.” -
It incorporated all the inhabitants, and, after naming the first provost and free burgesses,
grants that all whom the provost and free burgesses shall subsequently admit shall be of the
commonalty of said town. It further grants to the provost and burgesses the power of return-
ing two Members to the Parliament of Ireland.
6. The Officers granted by the charter are: - Officers.
One Provost,
Twelve Burgesses, and
Two Serjeants at Mace.
7. The Provost is directed by charter to be elected by the provost and burgesses out of the Provost.
burgesses upon St. John's day, and to be sworn upon the 29th September next ensuing, to hold
until another burgess be elected and sworn into the office. He is constituted judge of a Court
of Record established by the charter in the town, and is made clerk of the market.
Until the year 1818, when the collection of tolls and customs was abandoned, he received
them to his own use.
There has been no provost since the death of the last, about three years ago.
8. The Burgesses are by charter directed to be chosen out of the more honest and discreet Burgesses.
men of the inhabitants.
They had, previously to 1800, the privilege with the provost of sending two Members to the
Irish Parliament.
There are not any burgesses now supposed to be in existence.
9. The charter grants to the corporation at large to elect and appoint two Serjeants at Mace, Serjeants at Mace.
and other officers. None have been appointed for many years.
10. The provost and burgesses, at a very early period, adopted the interpretation subsequently Freemen.
given to words similar to those in this charter, relative to the rights of the inhabitants to
freedom in (Rex v. The Corporation of Sligo). They availed themselves of this discretionary
power of admission, and, by not granting the freedom to any persons, confined amongst them-
selves the benefits or privileges arising from the charter. a
11. This corporation was kept up, for the greater part of the last century, for the sole Remarks.
purpose of conferring upon its patron, for the time being, the power of nominating two
Members to the Irish Parliament; and upon each change of patrons one set of burgesses va-
cated, and another was elected into their places.
12. At the time of the Union the borough belonged to the Earl of Londonderry, and having Union Compensa-
been disfranchised at that period, he received £15,000, awarded by the Commissioners under tion.
40 Geo. III. c. 34, as compensation for the loss of his political patronage.
From that period the corporation has been quite neglected, and no regular corporate act
has been performed at least since 1808; the same person (the late Mr. Ross) continued
M. C. I. ll X
LONDON-
DERRY.
1002 REPORTS FROM COMMISSIONERS ON
LYMAVADY.
-Ju RISDICTION,
Borough Court.
'Manor Court.
Quarter Sessions.
Petty Sessions.
MUN1c1pAL
REGULATIONs.
Police.
Schools.
FAIRs and
MARKETs.
Tolls and Customs.
Weighmaster.
PROPERTY.
STATE of the Town.
Population.
Remarks.
to fill the office of provost from that period until his death, about three ears ago, principally
to enable him to receive the amount of the tolls and customs as long as they were collected.
The corporation has become wholly extinct. *
13. A Court of Record was granted by charter, to be held on each Tuesday, before the provost,
with jurisdiction to the amount of five marks.
It appears from the corporation books to have been held in 1734, but has been discontinued
for a very great number of years. It has not been held within the recollection of the oldest
inhabitant.
14. A Manor Court was formerly held by the seneschal of the lord of the surrounding manor,
but this, also, has long fallen into disuse.
15, Quarter Sessions, and the Assistant Barrister's Civil Bill Court, are held here twice in
the year for a division of the county of Londonderry.
16. Petty Sessions are also held weekly.
17. Shortly after the enactment of the § Geo. IV. c. 82, (which empowers the inhabitants of
all market towns to impose a tax upon themselves for the purposes of lighting, paving, cleansing,
&c.) the provisions, respecting cleansing and supplying with water . were adopted in the
borough.
216 houses were found liable to be assessed; 160 were over the annual value of £10.
Ome assessment of £108 was levied in the first year, which terminated the operation of the
Act, in consequence of the commissioners having become engaged in lawsuits with a distiller
near the town, from whose concerns they had diverted a stream of water which he had enjoyed
for 20 years before. The distiller succeeded in two actions which he brought against them,
and no subsequent attempt has been made to bring any of the provisions of the Act into
operation.
18. The county constabulary are the only Police within the borough.
19. The want of Schools is very much complained of
Political dissensions have heretofore prevented the requisites for a proper application to the
National Board from being complied with, and the Roman Catholic and Presbyterian clergymen
were thwarted in their united wish for the establishment of a national school. However, the
party º which had been excited against this establishment was stated to be rapidly
declining. There is one school, principally attended by Roman Catholics, at which some
Protestants also attend. -
20. A weekly Market upon each Monday, and a Fair upon the first of July, with all pri-
vileges and emoluments to such fairs and markets belonging, were granted by the charter.
A grain market has been established by the inhabitants upon Tuesdays and Fridays; and
in addition to the fair granted by the charter, (and now held upon 12th July,) four others are
now held on 10th February, 28th March, 13th June, and 29th October.
21. Tolls or Customs have not been collected for several years; upon the passing of the
57 Geo.III. c. 108, which required the erection of toll-boards, stating the person or body by
whom the tolls and customs were claimed, the provost, feeling a difficulty in substantiating his
right in consequence of the decayed state of the corporation, gave them up altogether.
22. No sworn Weighmaster has been appointed for many years.
23. The corporation never were possessed of any Property or patronage.
24. The returns made upon the enumeration of 1831 state the following particulars:
Males º g- gº º *g - -- 1 106
Females º wº • * tº *g - - 1322
Total population - 2428
Families chiefly employed in agriculture -> 79
35 in trade, manufacture, and handicraft 297
, not comprissd in the two preceding classes 141
Total * fº - — 517
Houses inhabited - - sº sº -º-, - 470 .4%
, uninhabited - º es ºt º 37
, building º &- sº tº ºs sº 2
Total sº - I - 509
About one-half of the population are Presbyterians, two-sixths Roman Catholics, and one-
sixth Protestants.
25. The town is stated to be rapidly improving. Its linen trade and market have declined, but
the grain markets have much improved. The export trade of the town is supposed to be very
considerably restricted by the want of a pier at its nearest point of communication with the
sea, about one mile and a half distant. The erection of such a pier would enable the
Scotch and English steamers to take in merchandise there, which must now be forwarded
several miles by land to the next sea-port. A rail-road from the town to the pier forms
part of the projected improvements. From 1821 to 1831, there has been an increase of 68
houses and 211 inhabitants.
JAMES MOODY, }c for.”
MATTHEW RICHARD SAUSSE, j ‘’”
Inquiry held 30th December, 1833.
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... tº
3. º
׺f:
PART II.
Conclusion of the North-Eastern
Circuit, and Part of the North-Western
Circuit.
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