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. 421 15401. Is that all ?— Yes. - r5402 Mr. O'Connell Beneficial interest is the very phrase used in the Reform Act -— Yes; beneficial interest, or the clear annual value . 154° 3- Chairman.-] How do you account for the rejection of such an immense number of claimants at that session when Mr. Battersby opposed their admission upon the registry ?- I believe only GO appeared, 40 were admitted, and 12 rejected. 15404. Do you mean to state that the inspection of the lease or title- deed was acquiesced m by all parties in the first instance ?— After being argued on both sides and myself, Mr. Costello and Mr. Baker, the rule was laid down bV Mr Cosgreave and acquiesced in on all sides, that the leases should not be handed over to the counsel or agent who opposed the claimant. 15405. What I want to know is this, was it an acquiescence on the part of Mr. Baker, or any of the other persons appearing on the Conservative interest in the decision of the registering barrister after objecting to that decision, or was it that they agreed in the soundness of the decision ?— I cannot say. 15406. Did not Mr. Battersby and other persons on behalf of the Conser- vative interest in the King's County make strong objections to the non- inspection of the leases ?— Mr. Battersby, who attended only once in the King's County, made an objection, and a very strong one, as strong as possible, against Mr. Gibson's rule as to withholding from him the lease of the claimant whom he opposed; I recollect he made a very strong objection to it, but Mr. Gibson stated to Mr. Battersby that he had laid down the rule, that the rule was of long standing, and he would abide by it. 15407. But then you cannot state that there was any acquiescence on the part of Mr. Baker beyond complying with the decision of a person who could enforce his decision ?— None further. 15408. Did Mr. Julian ever remonstrate against that decision?— I believe he did at the commencement, when he was first installed, if I may use the expression, into his office. 15409. Then he did not acquiesce?— He did not. 15410. Do you mean to say that Mr. Baker acquiesced in it?— He sub- mitted to it. 15411. Did he consent to it willingly ?— He was not a voluntary consenting party. 15412. Do you mean to say he acquiesced without any argument or objec- tion ?— Certainly not, he did argue it. 15413. He did object?— He did. 15414. But when the barrister laid down his decision he acquiesced in that, as he must in every other decision, right or wrong ?— Yes. 15415. But in no other way?— In no other way. 15416. Did you examine a man of the name of John M'Cormack in the case of Michael Cassell ?— I may have examined a person of that name, but if I did examine him that deprived me of the opportunity of taking a note of his evidence, consequently upon this slip there is no note of my having examined that man. 15417. Consequently this slip cannot be an accurate note of what passed ?— Certainly not, I do not produce it as such; I only produce it as a memoran- dum, and a very scanty memorandum. 15418. Now m the case of Hugh Carroll, do you remember citing a case reported in the Pilot newspaper ?— I think I cited a decision of Judge Torrens, which occurred in the county of Meath; it just flashes upon my mind now; I think I did. , , 15419. To the effect that the man and his family living upon the land was to be taken into the calculation in ascertaining the value ?— Precisely ; I think Mr. Ford is the professional gentleman who advanced that position, which was adopted by Judge Torrens, and it appeared in the Pilot and other Liberal news- papers ; I never saw it contradicted, to the best of my belief 15420. Did Mr. Gibson give any weight to that authority No, because his mind was made up before. ^ 1 , . r , . 15421. But if his mind was pre- formed, why did you bring forward that argument ?— I am not certain when I used that expression whether he had made up his mind or not; Mr. Gibson had been registering barrister m the King's County before Mr. Battersby came into the county; Mr. Gibson came at 643. 3 h 3 me V . Richard Daly, Esq. 17 July 1838. f