S E L E C T C O M M I T T E E ON F I C T I T I O U S V O T E S , I R E L A N D . 36, ' SLS but would not give it for more than that; it is subject to 6 d. an acre tithe : he E. M. Kelly, Esq. has two sons ; he and they are labouring on the farm all the year round; the value — of a man s labour in his neighbourhood is from 6d. to 8 d. a day, the value of ^ July ,838. a boy's about 3d.; would not have 10/. profit if the price of his own and his sons' labour was deducted out of what he made of the land ; it is worth SOJ. an acre all round ; thinks not more; certainly would not give 35s. if the land was out of lease. Mr. Battersby submitted that this man should be rejected upon the ground that the highest value to which he had sworn was about 15 /., deducted from that the rent 51 13s. 10d., and the tithe 4s., his profit is below the required value • and he further contended that he was entitled to deduct the value of the appli- cant's sons and his own labour; and he said it was quite notorious that the men in this country look upon it as a benefit to have constant employment, and they were thus enabled to say, in their own language, they had a beneficial interest out of the land, the cultivation of which gives them that constant employment Mr. Daly, contra, cited a case reported in the " Pilot" newspaper, as having occurred before Judge Torrens at Trim, to the effect that the man and his family living by the land was to be taken into consideration in ascertaining its value. To questions from the assistant barrister the applicant said, he had eight in family, and supported them by the land ; that he had no other means of pro- viding for them ; that 10/. would go but a little way in supporting them through the year. Then Mr. Gibson said, " Do you think, Mr. Battersby, this man could support himself and his family if he had not more than 10/. benefit ?" Mr. Battersby said, " I think the profit is derived not from the land, but his own and his sons' labour, and that he might make that if he had no land by working as a hired labourer, even breaking stones." Mr. Gibson then said, " I consider the man's labour employed on his land as a portion of his capital, and if by the expenditure of capital he has the beneficial interest required, I would be bound to register him ; I will not, therefore, deduct the value of the poor man's labour from the produce of his land." The objection was overruled, and the applicant admitted. 15047. Will you mention any other instances of a similar kind?— There is the case of Michael Cassel: at the same sessions he claimed as a 10 /. free- holder; holds 15 acres of the lands of Garbally, barony of Ballyboy, at the rent of 12/. a year; has also grass on the common for four collops; has a beneficial interest of 10/. a year. On the cross- examination by Mr. Battersby, he said, he thought 12 acres or 13 acres of the lands were arable, and makes out the value of his farm thus : We had last year on five acres 20 barrels of oats, that was worth 8 s. a barrel, 8 /.; 70 barrels of potatoes, at 4 s. per barrel, 14 /.; grass for his cattle worth 6 I.; total, 28 /. He had last year two cows, one horse, and a heifer. Does not know what it would cost to till an acre of ground ; can form no opinion, nor what it would cost to plough, or harrow, or sow, or reap ; pays no tithe ; has paid none for several years; does not know whether his land is subject to it or not; can form 110 opinion. It was thought necessary to examine a person in support of this applicant, and John M'Cor- mack was called by Mr. Daly. Thinks Cassel must have 10 /. a year out of his farm, because he supports himself and his family out of it, and he has a large family. On cross- examination by Mr. Battersby, he said he did not know particularly what stock or crops the applicant had last year ; thinks the grass of the collops not worth more than 6 /. a year. Against the claimant Mr. Battersby called Mr. Wallace. He stated he held himself a large tract of land ; that he knew pretty well the expense of tillage ; thinks the expense of ploughing land, sowing it, and saving the corn, could not be less than from 2 /. 5 s. to 2 /. 10 s. an acre; he stated that the average price of potatoes for several years had been from 2 s. 6 d. to 3 s. 6 d. a barrel. On cross- examma- tion by Mr. Daly, this witness stated that he thought that a poor man might till his own land for less than 2 /. 5 s. an acre. Mr. Battersby submitted that this man was not entitled to register upon his own testimony. On deducting therent 12/., deducting the expense of tillage, 11/. 5 s., not including any expense of manure or tithe composition, he had but an interest of 5 1. o s. Mr. Gibson said, " I cannot get over the man's evidence; he swears he has a beneficial interest out of the land, and you have given no evidence to show he has not." The objection was overruled, and the applicant admitted. 15048. Were these men opposed by the Conservative party r— 1 hey were by Mr. Battersby, on behalf of that party. 643. 3 E 4 15049. Was