188 MlNX JTES OF E V I D E N C E T A K E N B E F O R E T HE 22 May 1838. m r 710803. This refers to complaints made?— Yes, it does. Mr. . James Ternan. Then you do not mean to state that Mr. Fosberry, m his judgments with respect to the title and right of the voters, acted partially ?— I saw, in a good many instances, that Mr. Fosberry rejected claimants 011 the Liberal side who I conceived had a good interest, and who held a larger quantity of land than persons he admitted on the other side, much larger. 10895. And who had an absolute qualification ?— Yes, that was my impres- sion ; I might have been wrong. 10896. there is an appeal given to the going judge of assize ?— Yes. 10897. Were there appeals entered in those cases?— Yes, there were a good many appeals. 10898. Were those men admitted upon appeal ?— There were someone or two admitted, but the rest were not; the appeals were not tried, I think. I forget now the cause, but I know the assizes and sessions and all were going on at the same time, and the appeals came on to be tried before Judge Dogherty ; one or two were tried and the rest were not tried. 10899. The question refers to those cases in which you said that persons were rejected by Mr. Fosberry having a better qualification than others admitted upon the opposite side. Were there appeals as to those ?— I think there were appeals in a great many instances. 10900. Can you state as to those ?— No, I cannot as to those instances ; I did not attend in the court. 10901. You would know at the court of sessions whether the appeals were lodged ?— I am aware that appeals were lodged; there were appeals in most cases, on both sides, whenever a man was rejected. • 10902. There were appeals on both sides against Mr. Fosberry's decisions ?— In some few instances 011 the Conservative side, but in a great many instances on the side of the Liberal party. 10903. Do you know what became of the appeals on the Conservative side? — I do not think they were tried; I am not quite sure ; I think they went along with a large number that remained untried. 10904. Were any votes put on the registry on the Conservative side that you consider to be fictitious votes ?— At the time I considered that there were a good many whose qualification did not appear so good as those that were rejected on the Liberal side; I will not say that I considered them fictitious at the time. 10905. Can you give some instances on both sides, namely, of votes that were admitted on the Conservative side with a worse interest than those rejected upon the Liberal side ?— Not having any notes taken at the time, I could mention some; but I am not very certain, and therefore I will not state them. 10906. What is your notion of a fictitious vote?— I consider a fictitious vote where a man has not a qualification, and goes up to vote. 10907. An absolute want of qualification, or the not having a sufficient interest ?— Not having a sufficient interest in the lands out of which he registers. 10908. What do you conceive to be, under the Reform Act, an interest which entitles a man to vote ?— It is a matter that I did not study or pay much atten- tion to; I would not think myself competent to give an answer to that. _ 10909. Then you are not prepared to give an opinion ?— In general, I might give an opinion. 10910. What is your notion of the interest which entitles a party to vote under the Reform Act?— I think any holder of from 10 to 15 acres of land ou » ' lit to be a 10/. freeholder. 10911. Without reference to what he might be able to get for that land if he were to set it to another ?— Certainly not; there are different modes of exa- mination. 10912. What test would you apply to ascertain whether he had a competent interest witlim the meaning of the Reform Act ?— I would not take upon myself to apply any test; the general test, which was applied in 1832, was, whether he could get 10/. over and above all charges; that was the test that Mr. Fosberry applied; that a solvent tenant would pay him 10 l. over and above all charges ; lie did not admit what is called the beneficial interest. 10913. Did he apply that test uniformly on both sides ?— Indeed, I think he did as well as I recollect; generally speaking, they used to take it by the acre, and take it by the bulk. J 10914. In applying that test, how much the man could get from a good and solvent tenant, what opportunity had Mr. Fosberry of admitting upon the one side