Tolls (Ireland) Act, 1817

TOLLS (IRELAND) ACT 1817

CHAPTER CVIII.

An Act for the Regulation of levying Tolls at Fairs, Markets, and Ports in Ireland. [11th July 1817.]

[Preamble.]

Boards specifying tolls, &c. to be erected at fairs, markets, and ports.

[1.] All persons collecting customs, tolls, or duties, or claiming the same, at any fair, market, or port in Ireland, shall erect, affix, and keep up, during the whole continuance of such fair or market, in some conspicuous place at each principal entrance of the same, and the principal quay or landing place at each port, a painted board, having thereon a schedule in large and legible characters, specifying distinctly the custom, toll, or duty claimed on each and every article or thing sold at such fair or market, or landed at such port, and the names of the person collecting the same, and of the person or persons or corporation claiming right to the same, so that such boards may be referred to and examined by all persons desirous of so doing.

Penalty on levying tolls, without having such boards erected, 40s.;

2. Every person who shall attempt to collect or levy any custom, toll, or duty, without having previously erected such boards as aforesaid, or without having kept up the same as aforesaid, shall for every custom, toll, or duty which he shall attempt to collect or levy, either in money or kind, not being specified on such boards as aforesaid, or at a time when such boards shall not be up as aforesaid, forfeit for every such offence the sum of forty shillings to any person suing for the same.

except such boards are removed by violence, &c.

3. Provided always, that in case it shall appear that the toll board or boards shall have been defaced or removed by violence, then such collector shall not be liable to such penalty, unless he shall neglect to reinstate such boards as soon as the same may be reasonably done.

Penalty on defacing or removing such boards.

4. Every person who shall deface or remove such board or boards, or shall be engaged in any riot in which such board or boards shall be defaced or removed, shall forfeit five pounds to any person suing for the same.

Penalties to be recovered before two justices of the peace by distress.

5. The penalties herein-before set forth shall be recoverable and recovered, on summary conviction of either of the offences aforesaid, before any two magistrates or justices of the peace of the county, city, or town where such offence shall be committed, and shall be levied by distress under the warrant of such magistrates or justices of the peace, who are hereby empowered to issue the same.

Appeal to quarter sessions.

6. Provided always, that it shall and may be lawful for persons so convicted to appeal in the usual manner to the next ensuing quarter sessions, where the case shall be finally determined.

Schedules of tolls to be delivered to clerk of the peace;

7. All persons or corporations claiming a right to levy any custom, toll, or duty, at any fair or market or at any port in Ireland, shall and they are hereby required, to deliver in to the clerk of the peace of the county, city, or town where such custom, toll, or duty may be claimed, a schedule of the tolls, customs, and duties claimed by such persons or corporations on every article sold at such fairs or markets, or landed at such ports; and in default thereof that it shall not be lawful for any such persons or corporations to levy any such custom, toll, or duty, or any person for them; and that such persons or corporations, and all persons attempting to levy any custom, toll, or duty for them, shall incur and forfeit such penalty or penalties as have been provided by law against persons taking illegal tolls: . . .

who shall register them and give certificates thereof.

8. The clerk of the peace shall keep a registry of all such schedules, and shall give to every person or corporation as aforesaid a certificate of having registered such schedule, when such schedule shall be delivered to him.

This Act not to alter rights, &c. of persons claiming tolls.

9. Nothing in this Act shall (except as is herein-before provided) extend, diminish, or alter the rights of persons claiming or paying customs, tolls, or duties at such fairs, markets, or ports, or the penalties to which they may become liable, or their mode of redress, otherwise than as the same are at present by law established.