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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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S E L E C T C O M M I T T E E O N F I C T I T I O U S V O T E S , I R E L A N D . ; 537C was, that, within the meaning of this Act, " beneficial interest" means a certain Mr thing. 13899. Then when you gave your opinion just now as to what a beneficial interest was, you did not mean to give your opinion of what a beneficial interest was within the meaning of the Reform Act?— No. 13900. But you would say that was what your opinion would be of beneficial interest independent of any enactment ?— Yes. 13901. Mr. Curry.] You are aware that, under the Reform Act, a new class of voters were admitted to the elective franchise ?— Yes. 13902. Persons holding under a chattel lease?— Yes. .139° 3- You are also aware, that in the Reform Act the words used are " beneficial interest1' ?— I am. 13904. Construing the term " beneficial interest," as you meet with it in the Reform Act, according to the construction of that Act, in your judgment does beneficial interest mean the same thing as what a solvent tenant could afford to give a year for the farm, over and above what the tenant pays ?— As I said before, I do not consider myself competent to give any opinion upon that subject; if I were asked, as you asked me, what the words " beneficial interest," abstractedly and apart from all Acts of Parliament, meant, I should give them the answer I have given you ; when you ask me the question you are asking me now, I am incapable of answering that without a great deal of consideration, which I have not given it. 13905. But according to your understanding of the terms, without reference to any Act of Parliament, the meaning you attach to it is, what there is left of the produce of the farm, after paying all rent and expenses, the interest of capital in stock, and so on ?— Abstractedly, and without reference to those Acts of Parliament, that is my meaning. 13906. Mr. Lefroy.] But, in order to ascertain the meaning of the words in an Act of Parliament, do you not think that all Acts, in pari materia, should be taken into consideration, and the construction of the words determined accord- ingly ?— Certainly, as a general principle, and in this instance it is particularly the case. 13907. Does not the Reform Act refer to former Acts?— Certainly. 13908. And enacts that such parts of them not expressly or necessarily repealed by this Act, shall still be in force, or to that effect ?— I do not know that the Act does it in those words; but the Reform Act does save all former Acts not thereby repealed. 13909. Mr. Curry.'] Does not that part of the Act refer exclusively to pro- ceedings at the holding of elections, and not at the registration of voters ?— I am not able to say that without reference to the Act. 2 * 1 c W G. B( itters'> y. 19 June 1838. Martis, 26° die Junii, 1838. MEMBERS PRESENT. Mr. Beamish. Mr. O'Connell. Mr. F. French. Mr. Serjeant Jackson. Mr. Lefroy. Mr. Litton. Lord Granville Somerset. LORD GRANVILLE SOMERSET, IN THE CHAIR. 26 June 1838. George Battersby, Esq., called in ; and further Examined. 13907*. Mr. Serjeant Jackson.] ON the last day you were under examination G. Battersby, Esq. here, I think a question was put to you, to which you gave an answer which you are desirous to add some explanation of; I allude to question 13669, which was put by the honourable and learned Member for Dublin, and also question 13670.— [ Questions 13669 and 136/ 0, and the answers thereto, were then read to the Witness.]— Now, do you desire to give any explanation of the answers so given to those questions ?— Yes ; I am apprehensive that the answers I have given to those questions and some others may be misunderstood. In Ireland, 643. u u tne
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