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Petition of John O'Donnell of Limerick and John Bouchier of the County of Clare 1761

12/07/1820

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Petition of John O'Donnell of Limerick and John Bouchier of the County of Clare 1761

Date of Article: 12/07/1820
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14 ( Ireland.) REPORT FROM COMMITTEE ON PETITIONS to pay the same to Mr. Edward Tierney, in part payment of James Foot's bond, who was one of the farmers of the gates, which he accordingly did; that James Foot, about five weeks before his last quarter expired, had been disturbed in the receipt of the tolls, and thereupon gave them up to the mayor, and said, he would be no longer concerned ; that Mr. Vincent had passed Foot's bond to Mr. Tierney, and directed him to pay the said money to Mr. Tierney in part discharge of said bond, as also such future sums he should receive, and that he accordingly paid all he had received to Mr. Tierney, but that he took no receipts for the same, the said payments being indorsed upon the said bond, that no separate accounts of said disputed tolls, had been kept by him or any other person to his knowledge. Mr. John Vincent being examined, as to this point admitted, that the above writing had been executed by him, that he did not recollect that Mr. John Smyth ever offered to account with him for, or pay him any part of the said money; that Mr. Smyth did offer to pay him some money, which he took to be money col- lected at the gates, which was not comprized in the said agreement, that said tender was made to him about a fortnight after the said agreement; that Mr. Smyth asked him, who had James Foot's bond, he answered, if it was John's Gate bond, it was Edward Tierney, Mr. Smyth then told him he had some money to pay for it, upon which he desired him to go and pay it to the person who had the bond ; that he did not recollect that there was any other conversation between them, or that he ever directed him to pay the future receipts in discharge of said bond, if he had asked him whether he should pay the future receipts in discharge of said bond, he would have directed him to do so, except such part of the money as was in- cluded in the said agreement. That the Saturday after he signed the said agree- ment, he asked Mr. Smyth, if there was any money to be paid him according to said agreement, he answered, that the men were taking up an account of it, which he would bring him in a day or two, that in a very few days after, he brought some men with him, and said, it was to give him that account; that the men took out some papers which he could make nothing of, that he directed them how to make up the account and to swear to it; they said, they would, but he did not remember he ever saw them after; that Mr. Smyth never made up any account with him con- cerning that money, and that he never after applied to Mr. Smyth for the purpose, or to get any part of said money from him. Mr. John Maunsell being examined, said, He was employed by the mayor and council, as scavenger of the Irish Town for a year, from the twenty- ninth of Sep- tember one thousand, seven hundred and fifty, to the twenty- ninth of September one thousand seven hundred and fifty- one, at 35 I. salary, that he executed that office better than ever it has been executed since, except the year following; that he never had been paid one farthing of said salary, that he applied to Arthur Roche once to be paid, he desired him to apply to the chamberlain, which he did, and he pro- mised that he should be paid the Monday after Michaelmas; that he has applied to the saicl chamberlain in the same manner every year since, that he has received the same answer, and never has been paid any part of the said sum; that the streets and lanes of the city have for these six years past, been kept in very bad order ; that he was present at a conversation between Mr. John Smyth and Mr. O'Donnell, concerning the tolls at the markets; that Mr. O'Donnell said, he was surprized, that. Mr. Smyth would take any more toll than what was warranted by the parlia- mentary schedule, that Mr. Smyth answered, that he would take three pounds twelve ounces out of every twenty stones weight of wheat. John O'Donnell being examined, confirmed the above account as to the conversa- tion between him and Mr. Smyth, and said, He saw the said Smyth after the said conversation between them, take three pounds twelve ounces out of every twenty stones weight of wheat in the market; that the back lanes of the City have been almost impassable for six years last past, and that the streets have been kept very dirty; that two- pence has been taken as toll and gateage for every live and dead pig, that he made complaints of it to the mayor ; that upon the first complaint, the mayor ordered three halfpence to be returned, and said, he would consult council the next day upon it, that on the fifth of June one thousand seven hundred and fifty- nine, which was a day or two after, Edmond Fennel summoned the custom man at John's Gate, before Sexton. Baylie, who was then mayor, for taking from him two- pence each, for the toll of fifty pigs; that the said mayor refused to order the money
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