Corporation Case for Counsel regarding Tolls
TitleCorporation Case for Counsel regarding Tolls
ReferenceCP/LA/1843/1
Date
9 Jan 1843
Production date 1842 - 1843
Scope and ContentFair Copy of Case for advice and opinion of the Solicitor General on behalf of Cork Corporation regarding tolls on goods entering the city, prepared by Walter Ronan, Dublin, with copy opinion by Richard W Greene, Solicitor General. It is explained that the Corporation has enjoyed certain tolls on goods from time immemorial, that this right was questioned in 1821, that the Corporation succeeded in a subsequent trial, but that a new question now arises: whether produce of former liberties of the city, now separated from it [by the Counties and Boroughs (Ireland) Act, 1840], are or are not exempt from tolls.
It is noted that the Corporation was at a disadvantage 'occasioned by the loss of a considerable portion of their ancient records during the disturbances and changes which from time to time occurred in this country'. Evidence obtained in searches of the public records in 1821 is relevant to the present question, and is recited at length, including passages from the charter of Henry III, and those of Edward IV, Elizabeth I, and James I. Inquisitions post mortem are also recited to prove the Corporation's exercise of its rights in the city and suburbs extending one mile from the ancient city, particularly the inquisition on the death of Alderman William Roche (15 Sep 1620). A 1710 petition before the House of Commons against the tolls led to a 'docket of the City dutyes' being agreed between the Grand Jury 'and gentlemen of the County of Cork' and the Corporation on 11 Sep 1711. A lease of tolls was made to John Norcott on 19 Sep 1754. Measures by parliament reforming Irish tolls are recited, and it is submitted that these did not affect the Corporation's claims, citing as evidence the building of bridges (Parliament bridge (1761), Wandesford), where continuation of ancient tolls was implicit. Patrick's bridge was built on foot of an act of parliament of 1786 which contained explicit provisions on the corporate tolls. The 1821 case is summarised, noting that the plaintiff was outside one English mile but within an Irish mile when toll was claimed.
Having referred to the 1840 act, charters are again extensively recited and quoted from, with references to liberties and suburbs underlined. The creation of the County of the City of Cork under James I and the subsequent extension of the powers of Grand Juries is referenced, and it is noted that the first mention of the liberties as divisions of the county of the city occurs in a 1760 act providing for the fairer assessment of money presented by the Grand Jury. The Regulation of the City of Cork Act 1771 and the City of Cork Act 1777 distinguished presentments due and limits between the city's liberties and suburbs, and an 1813 Local Act set up a valuation of the liberties. The 1840 Act is summarised and reference is made to other acts, including the Municipal Corporations (Ireland) Act 1840.
The case submits four claims, the last stating that exemption from tolls may not be claimed 'in respect of lands that have ceased to be part of the "Liberties" of the City, or of the County of the City of Cork'.
In his opinion, dated 9 Jan 1843, Richard W Greene notes that the 1821 verdict established the toll claimed by the Corporation as a 'toll traverse', founded on a prescription (use from time immemorial), and not granted or founded in any of the charters, and is therefore not subject to fluctuation. The right to claim toll is based on usage and cannot now be applied for the first time. He concludes 'My opinion therefore is that the claim adverted to could not be maintained'.
It is noted that the Corporation was at a disadvantage 'occasioned by the loss of a considerable portion of their ancient records during the disturbances and changes which from time to time occurred in this country'. Evidence obtained in searches of the public records in 1821 is relevant to the present question, and is recited at length, including passages from the charter of Henry III, and those of Edward IV, Elizabeth I, and James I. Inquisitions post mortem are also recited to prove the Corporation's exercise of its rights in the city and suburbs extending one mile from the ancient city, particularly the inquisition on the death of Alderman William Roche (15 Sep 1620). A 1710 petition before the House of Commons against the tolls led to a 'docket of the City dutyes' being agreed between the Grand Jury 'and gentlemen of the County of Cork' and the Corporation on 11 Sep 1711. A lease of tolls was made to John Norcott on 19 Sep 1754. Measures by parliament reforming Irish tolls are recited, and it is submitted that these did not affect the Corporation's claims, citing as evidence the building of bridges (Parliament bridge (1761), Wandesford), where continuation of ancient tolls was implicit. Patrick's bridge was built on foot of an act of parliament of 1786 which contained explicit provisions on the corporate tolls. The 1821 case is summarised, noting that the plaintiff was outside one English mile but within an Irish mile when toll was claimed.
Having referred to the 1840 act, charters are again extensively recited and quoted from, with references to liberties and suburbs underlined. The creation of the County of the City of Cork under James I and the subsequent extension of the powers of Grand Juries is referenced, and it is noted that the first mention of the liberties as divisions of the county of the city occurs in a 1760 act providing for the fairer assessment of money presented by the Grand Jury. The Regulation of the City of Cork Act 1771 and the City of Cork Act 1777 distinguished presentments due and limits between the city's liberties and suburbs, and an 1813 Local Act set up a valuation of the liberties. The 1840 Act is summarised and reference is made to other acts, including the Municipal Corporations (Ireland) Act 1840.
The case submits four claims, the last stating that exemption from tolls may not be claimed 'in respect of lands that have ceased to be part of the "Liberties" of the City, or of the County of the City of Cork'.
In his opinion, dated 9 Jan 1843, Richard W Greene notes that the 1821 verdict established the toll claimed by the Corporation as a 'toll traverse', founded on a prescription (use from time immemorial), and not granted or founded in any of the charters, and is therefore not subject to fluctuation. The right to claim toll is based on usage and cannot now be applied for the first time. He concludes 'My opinion therefore is that the claim adverted to could not be maintained'.
Extent51pp
Physical descriptionOutsize
Persons keywordCork City Council, Greene, Richard W | 1791 - 1861 | Solicitor General for Ireland 1842-1846
SubjectLocal Government, Tolls, Cork City, Charters and Royal Grants, Boundaries, municipal and county, Bridges, Cork City, Municipal Corporations (Ireland) Act, 1840, 19th century
AccessOpen by appointment to all holding a current reader's ticket
RightsSubject to rules governing reproduction of records at CCCA
LevelItem