353 M I N U T E S O F E V I D E N C E T A K E N B E F O R E T I IE E. M. Kelly, Esq. 14658. That is of the lands ?— Meaning, 1 apprehend, of the freehold or lease- — hold out of which he seeks to register. 6 July 1838. 14659. Do you understand the meaning to be that he must be in the actual occupation of the entire out of which he seeks to register ?— No; I should say if he had been in the occupation of premises which were of the value of 10/. over and above the rent of the entire premises, he would be clearly entitled to regis- ter ; having let off a certain portion of the premises, but still retaining in his hands premises of the value of 10/. over and above the rent of th$ entire. For example, if the claimant held under lease 40 acres of ground, subject to 1 /. an acre, if he had let 10 acres, suppose at a profit rent, but holding 30 acres in his hands, if those 30 acres were worth 10/. a year over and above the 40/. rent as to the entire, such a claimant, I should think, would be clearly entitled to register. 14660. Chairman.'] But the doctrine you object to is, that supposing a man to have under lease that for which he pays 40 /. a year, but of which he lets away all but a rood, though he gets 50/. or 60/. a year, you say he has not a sufficient occupation to have a vote ?— I should say not, certainly. 14661. Mr. Curry.] You are aware the applicant is only obliged to swear that he has a freehold therein of the clear yearly value of 10/. ?— He is obliged to swear he is in the actual occupation. 14662. That he is in the actual occupation thereof?— Yes. 14663. Do you understand by the word " thereof," that he is in the actual occupation of a freehold of the yearly value of 10/. ?— Yes, over and above the rent. 14664. Now are you aware that a very material alteration has been made in the oath under the Reform Act from what existed in the oath to be taken under the 35 Geo. 3, the Act by which the 40s. freeholders were entitled to the elec- tive franchise?— I am not aware what the oath was under the 35 Geo. 3 ; I never was concerned as counsel at a registry sessions, and therefore never have applied myself to the consideration of the Acts of Parliament, except from hear- ing them occasionally argued. 14665. Will you read that clause in the Act?—[ The Witness here read the s. of the 35 Geo. 3, c. 34.]— That clearly is a change. 14666. Under the 35 Geo. 3, c. 34, the 40s. freeholder was obliged to swear that he was in the actual occupation of the premises out of which he sought to register, to the amount, at least, of 40s. yearly value; is not that so?— It is so. 14667. Under the Reform Act, and under the 10 Geo. 4, the amount of what he is obliged to swear he is in the actual occupation of is omitted? — It is; which, I think, makes a very material difference between the wording of the oaths. 14668. And that, in your opinion, makes a very material difference in the wording of the oaths ?— I think it does. 14669. Under the former Act of 35 Geo. 3, the applicant was obliged to swear to the actual occupation of a freehold to the extent of 40s. a year ?— Yes, of 40s. value. 14670. Forty shillings, at least?— Yes. _ 14671. Under the Reform Act lie is obliged to swear to the actual occupation of the freehold?— Yes, by the word " thereof." 14672. But no amount of the value of that of which he is so in the occupation is attached to the part of the oath under the Reform Act?— No amount is attached. 14673. Mr. Lefroy.] But does not the body of the Act expressly specify what the nature of the freehold is which is to qualify ?— I am not aware that the body of the Act requires that he shall have the actual occupation; I rather think we were in vain looking for a clause which limits it the other day ; but the Reform Act saves all former Acts ; and the 10 /. freeholder's right to register would seem to depend upon the 10 Geo. 4 still; for there is no clause empowering the 10 /. freeholder to vote anywhere in the Reform Act; the 10/. leaseholder is empowered, and he is required distinctly by the Act to be in the occupation. 14674. The 10/. leaseholder is required to be in possession?— Yes, in the actual occupation. 14675. Was not the 10 /. freeholder required to be in the actual occupation under the 10 Geo. 4 ?— Certainly ; and I should say that that Act still remains in force as regards his right. 14676. The