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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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SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 4,> 9 he undoubtedly did not feel it to be his duty to introduce a searching cross- Richard Daly Esq examination, particularly when there was a gentleman on the opposite side tc- ' L do so ; but I will say that in every case which came within his court, all those : 7 July 1838 minutiae and all those particulars which I have now detailed, were elicited bv a close and prolix cross- examination of the opposite party; and in the case of Mr. Wallace, who appeared as a sort of experimental agriculturist, a witness conversant m those matters; in that case witnesses were produced'who knew the value of agricultural produce, who knew the value of labour, and who were examined in opposition to the claimant. Another test ( and that undoubtedlv he always pursued on cross- examinations, and in many cases his judgment was swayed by it) was the test prescribed under the 10 Geo. 4, the solvent tenancy clause : Was it worth so much to a solvent tenant; or, in other words, what was the marketable value. Suppose a tenant held 10 acres of land at 1/. an acre, he was asked, " Could you get 20 /. for those 10 acres from a good and solvent tenant?" That was the test always applied and never over ruled by Mr. Gibson, and in many instances it has swayed his decision, as far as I recollect. 15165. Then in all the cases the claim was discussed fully?— Certainly. 15166. Investigated through the medium of the adverse agent ?— Yes'. 15167. And deliberately decided upon by Mr. Gibson ?— And deliberately decided upon. 15168. There was no flippancy, no hurry ?— No; the fact is, that I often complained he was more indulgent to the opposite side than to myself; I may add, there are a few cases which I took down, with regard to Mr. Gibson's mode of registration as to value. 15169. At what session ?-— At the Birr quarter sessions, 25th October 1836. 15170. State those cases?— There was the case of Owen Egan: u Owen Egan, 16 or 1/ years lease made. Jonathan Horne, landlord; paid rent, 10 acres, at 1 /. 3 s.; worth more." 15171. That is, worth more than 10 /. a year ?— Worth more than the acre- able rent, I take it. 15172. Surely it was not worth more than the acreable rent, if it was not worth 10/. a year?— The meaning of the witness was this: He first deposed,, upon the general examination, that it was worth to him 10/. a year over and above the rent and charges. Cross- examined: A lease was made to his- brother, who died without children; I ( the claimant) am the eldest brother; he pays 10/. 13 s.; he would not take 40 s. an acre" ( that question was put to him upon cross- examination) ; " He would not take that, in consequence of th « goodness of the land. Then he goes into the produce, of two acres of potatoes, two of oats, and two of wheat." So that in that cross- examination the marketable value of that acre of land came out in evidence. 15173. And a deduction was made for rent, labour, and expenses?— Yes, as usual; James Egan gave evidence nearly of a similar description. 15174. I wish now to bring you to the statistics of the King's County ; do you know what the population of the county is ?— The population of the county, according to the census of 1831, is about 150,000. 15175. What is the number of registered voters?— The number of registered voters appearing upon the registry is about 1,959 ; by deaths and other casual- ties, I would take that number to be reduced as low as 1,600. 15176. What per centage is that upon the population ?— It is about one per- cent. ; if I were to deduct some of the fifties and twenties, who, I think, we may presume registered out of the same farms, the disproportion would be greater. 15177. Making an allowance for the fifties and twenties who may have regis tered out of the same farms with the 10/. claimants, you conceive the efficient constituency of that county is what ?— Only one to every 100 inhabitants. 15178. Do you know the acreable surface, arable and pasture, in Irish acres.- — Yes; a very intelligent man furnished me with an account of the acreable surface about two years ago. 15179. What is he?— He is a country schoolmaster. 15180. Is he a surveyor also?— Yes: his name is Walsh. Independent ot that, I have the query book of the county. 15181. That is a book kept by the grand jury ?— Yes. 15182. What does he make the acreable surface ?— 232,210 acres, and about 30,000 acres of bog. , T 643. 3 f 4 15183. Now
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