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Third Report from the Select Committee on Fictitious Votes, Ireland

30/07/1838

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Third Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 30/07/1838
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No Pages: 1
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\ 20 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Courtenay, Esq. night to consider of it. I objected, and he hesitated about doing it, and said he — would consider about it, and next morning he came to the determination of putting 23 March 1838. him upon the register. 6865. Under what restrictions were those certificates presented to him?— They were handed up by the agent on the opposite side. When the name was called, the agent tendered the certificate, and said that he was entitled to get a new one. 6866. And by that means he obtained a certificate for another eight years ?— Of course he stands upon the register for another eight years, from the date of the last certificate. 6867. Mr. O'Connell.] Without any affidavit?— Without any affidavit, and without the personal appearance of the claimant. 6868. And that for a 10/. voter ?— And that for a 10/. voter. 6869. Chairman.] Did any investigation take place by the revising barrister as to the existence of these parties, or as to their connexion with the land at the time, or as to the sufficiency of the value, or as to any alteration which might have arisen between the original period of granting the certificate, and the period at which he renewed the certificate?— Nothing of that sort appeared; he said it rested with those who objected to the issue of the new certificate, to show that the man's condition had been altered. I said it was out of my power to do so ; that I had not the claimant to examine, and I had no opportunity to ascertain whether he was dead or alive. He said he could not help it. 6870. Why had not you an opportunity of ascertaining whether the man was dead or alive ?— I did not conceive when the list was published that the certificate was what was to be tendered. I conceived that we were to have the opportunity of examining the man himself. It was a perfectly new point, and it has occurred but at one sessions. 6871. At what sessions did it occur?— At the last sessions that I attended, in January last. 6872. Was that the first time that such an application had been made ?— I am not aware of any other applications. 6873. To what extent was this application made at the last registry sessions ?— Not more than three, but the principle is established, and I have no doubt that the instances will multiply. 6874. Do you mean to say that the principle is established by the revising barrister under bis then decision, that it is not his business to ascertain by any evidence whether the individual so claiming; under the old certificate is or is not alive?— That is the principle established by the decision of the barrister that I refer to, unless the party objecting is in a condition to show that he is dead. 6875. But he does not call for any evidence whatever to ascertain that fact from the claimant, nor from any person representing the claimant?— He does not. 6876. And he throws the entire onus of proving any disqualification 011 the part of the claimant upon any person who may choose to object?— He does. 6877. Do you think that, under these circumstances, it will be almost impossible for valid objections to be made against parties when they come up in great num bers in that way ?— Impossible. 6878. Is it always very easy to ascertain who an individual is who claims from the list of claimants published?— It is not; we find considerable difficulty. 6879. Mr. Lefroy.] Are there not many of the same name in that county ?—• There are many of the same name. 6880. Mr. O'Connell.] Is not the farm named The townland is named. 6881. And the nature of his claim, whether a freeholder or a leaseholder?— Yes, and whether of the value of 10/. or 201. 6882. Chairman.] But further than that it is not easy to find ?— It is not very- easy to find I; and latterly it is difficult to get people to go upon those inquiries. 6883. Would it not be easy for any son, succeeding his father, to re- register under this simple certificate, without any examination whatever ?— If he is of the same name, and sends in his certificate without any examination whatever, he may get a new certificate, and go and vote. The sheriff cannot refuse him under the present law when he produces the certificate ; that 1 conceive can onlv be ques- tioned before a Committee of the House of Commons. 6884. Supposing the value of an oath to be anything at all, are you not deprived of the advantage of that oath by renewing the certificates in that manner ?— Cer tainly. 6885. I" fact your statement is this, that somebody or other may put in an old certificate,
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