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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. 409 / v / J 15908. What became of the remaining 12 ?- The 12 were rejected. Richard D„, u. Esq ?? i ' m 1K, mt1of fact' at the sessions which Mr. Battersby attended one- fifth of the entire number was rejected ?— Yes, exactly one- fifth ' » 7 July 1838 15210. Twenty per cent. ?— Yes. 15211. Do you know whether there were two Hugh Carrols registered at that session, or only one ?— I will look to the list. [ The Witness referred to it. J J 15212. There is also this memorandum which you handed to me> \ The Witness referred to iO I am not sure at what sessions I made that memo- randum. There is a Hugh Carrol in the list, « Hugh Carrol, of Garvaly, mason or farmer; I think he was admitted. 15213. Was there any other Hugh Carrol at that session ?— No; there is Edward Carrol, but there is only one Hugh. 15214. What session was it that Michael Cassell, whom you spoke of awhile ago, appeared?— I think it was at the same session, the session of April 1836. That enables me to identify the period at which I made the memorandum. 15215. In what barony was Hugh Carrol's farm ?— The barony of Ballyboy. 15216. By that memorandum it appears he held eight acres; look at that, if you please?—[/ if was handed to the Witness.] 15217. Is that your note ?— Yes, that is my handwriting. 15218. That is a short note of what occurred in that case?— It is. 15219. Taken down at the time?— Yes. 15220. Read it, if you please ?—" Hugh Carrol examined: eight acres at 5 I. 135.; has eight in family; would not give his farm for 10 I. over and above the rent he pays. Cross- examined: After paying all charges, witness swears he has a profit of 10 7. Re- examined: He supports eight in family; three cows and a horse ( that is his stock; he has commonage besides, in value 3 /.)" With regard to commonage, where a part of the land demised is always taken into the valuation, a commonage in Ireland, in particular districts, is very valuable to the occupants, for it enables them to rear young stock during the summer season. 15221. So that, exclusive of what his eight acres produced, has he by that evidence showed he had commonage of the value of 3 I. a year, as part of the premises granted by his lease ?— Precisely. 15222. Mr. Lefroy.'] Does it appear it was granted by his lease?— It was always so. 15223. Is your note so ?— No ; but I speak of the general practice from my experience during the registration. The commonage is never taken into account, unless it is particularly mentioned in the lease. 15224. Mr. O'Connell.] That is, Mr. Gibson never gave credit to the tenant for anything he had in the way of commonage, unless it was commonage spe- cified in his lease ?— Precisely. 15225. Mr. Lefroy. Did he ever permit you to see the lease?— I was per- mitted to see the lease when I wras on the side of the claimant. 15226. But not when you opposed?— Never when I opposed the claimant. 15227. Mr. O'Connell.'] That was the rule on both sides?— Yes, that was laid down as the rule at the registration under the Reform Act; it was laid down in Mr. Cosgreave's time. 15228. You have acted as counsel from 1832 to the present period?— From 1832 to the present day; as far as I recollect, I was not absent a single sessions. 15229. Besides acting as counsel, were you secretary to the Liberal club :— I was. 15230. It was the Liberal club that took upon themselves the service of notices to the Liberal interest, I suppose ?— The Liberal club always had the notices of the claimants on their side filled and served for them. 15231. Now what was the practice of the club with respect to the persons whom they produced to be registered ?— I always laid it down as the rule and uniform practice never to give any claimant the trouble or expense of coming into court to be registered, if he had not, in my judgment, a substantial claim. 15232. But how did you ascertain that he had a substantial claim r— 1 required him to produce his lease to me, I examined that lease, if I were satisfied as to title I then examined him as to value, because I really considered I was bound up more or less in the claim; that if I gave him the trouble of attending 643. 3 G the
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