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First Report from the Select Committee on Fictitious Votes, Ireland

28/03/1838

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First Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 28/03/1838
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No Pages: 1
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23 8 MINUTES OF EVIDENCE TAKEN BEFORE TIIE Mr. 0. E Barber. I think it would prevent frivolous objections being made, and giving trouble to March 1838. ^ IToToA that the fear arising out of such a power vested in the court would, in point of fact, prevent the evil which it was intended to guard against? ~~ 6201 Would you also suggest that in large constituencies, like Cork, they should be divided into districts ?— If the constituency continues as at present, it would be very desirable, and in any case indeed. Cork is a very large city; and in any case it would be desirable that they should be divided, both alpha- betically, bv name, and also by districts. 6202. Do you think that would conduce as much to the advantage of the o- ood claimant as to the preventing bad claimants obtaining registry ?— It would prevent the good claimant having any trouble, and it would give an opportunity of investigating a bad claim. 6203. And that so far from injuring the good claimant, though he might be a poor man, it would be likely to prevent unfounded proceedings with regard to him ? — It would. 6204. And that no bond fide claimant would be likely to be injured by such an arrangement ?— I think no bond fide claimant would have an objection made to him. 6205. Mr. Serjeant Jackson.] With respect to registering barristers, it would of course be very desirable, if possible, that persons should be appointed to that who have no political bias ?— If possible. 6206. Do you think it would conduce towards that end, if, instead of having the appointment of the registering barristers vested in a political officer, the appointment were vested in the sworn judges of the land ?— I think it would be the most impartial way possible; and I think they would be the best judges who to appoint for the districts. 6207. As well as being in a more impartial position, would they not have a more particular knowledge of the men in the profession who would, from their station and character, and competent knowledge, be most suitable, so as to enable them to make a good selection ?— That is my opinion. 6208. Do you think anything would be more conducive to having a proper tribunal than that ?— I do not think anything would. 6209. Have you a doubt that that would give great satisfaction to all parties ? — I am quite satisfied it would. 6210. Are you aware that there is great dissatisfaction existing as to the mode in which the appointments are made ?— I think so ; I think, however im- partial Mr. Martley may be, there is a feeling upon the mind of the Liberal party that he is more favourable to the Conservatives than he is to themselves, though they give him the highest character, and I am sure very justly, for he has acted as impartially as any man could act. 6211. But he was a gentleman who was appointed chairman of the court before the Reform Bill, and the duty of registering has been added to his office since his appointment ?— It has. 62 12. Would you consider it desirable, for the sake of the administration of justice, and placing it beyond all suspicion, that the duty of registering for the pur- pose of voting at elections should be severed from the judicial office of assistant barrister?— I think it would be highly conducive to the administration of justice. (> 213. You have mentioned, with respect to Mr. Martley, and perhaps you could not select a better case to illustrate this than the case of Mr. Martley, that even he, high as he stands in public estimation as a lawyer, and appointed as he was assistant barrister before this duty devolved upon the office, that even he does not escape all suspicion of partiality ?— I understood he does not; I nave heard observations made by the Liberal party against Mr. Martley's deci- sions in some cases. 6214. Does not that show how desirable it is that this political duty should be severed from the judicial office ?— Certainly it does. Mr r . . Mr. John Casey, called in; and Examined. J' ( amJ- 6215. Chairman.] ARE you a resident of the city of Cork ?— I am 0216 Are you in the office of Mr. Besnard ?— I am ; I am about to be bound to Mr. Besnard, for the purpose of becoming a solicitor. 6217. Have
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