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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 15576. The same practice, I understand, has been continued by the other assistant barristers since ?— It lias. 15577. But in every case did the barrister examine the title- deeds himselfV— In every case he minutely examined the title- deeds. 15578. That is, the leases?— The lease or other deed or instrument. 15579- Ur any assignment of it to the person claiming? Yes 15580. In your case you were obliged to produce the lease and likewise your marriage settlement, I presume?— I had them in court; but I do not think I was asked to produce the lease, for I believe the agents for the Conservatives did not like to give much trouble in my case, as the deed was a very lono- one and would have taken a good deal of time to have gone through, some hours probably. 15581. I believe a number of landlords in the King's County endeavoured to prevent their tenants from registering ?— A considerable number. 15582. At the first registration I understand all the claimants on the Liberal interest were strictly cross- examined ?— At the first registry I do not think there were five persons claimants on the Liberal side who did not undergo a very minute cross- examination. & 1.5583- Has ^ e practice been to oppose every voter 011 the Liberal side, since the first registration ?— I cannot speak as to the King's County since the first registry, which was the one I attended particularly ; but no doubt it is the fact there and elsewhere, in the city of Dublin, for instance. 15584. Have you attended the registry in any other county?— In the city of Dublin I have been frequently in the registering courts during the registry ; I have seen it done there. 15585. Does the barrister in the city of Dublin allow the opposing party to inspect the leases or instruments of the claimants ?— No. 15586. It is only leaseholders that produce their title- deeds?— Only lease- holders and freeholders. 15587. He himself examines the leases?— He examines them, and, as was the case in the King's County, the agent opposing the claim asks him to read out the particulars, such as the date, and the parties, and to state the amount of stamp- duty upon the instrument; and it was always a question likewise to the chairman, to know whether there was any penal covenant in the lease whereby his attention was more minutely called to the instrument. 15588. Then Mr. Dobbs' practice, with respect to leases, was that which was observed in the King's County ?— Yes. 35589. Mr. Dobbs is a gentleman of well known Conservative principles?— He is. 15590. Now, being concerned in 1832, did you lay any case before counsel 011 the subject of the six months' possession prior to registering ?— A case was drawn by Mr. Patrick Costello, sitting by my side ; it was a very short one, and was this : a party came up claiming to be registered; he had been some years in possession of the premises out of which he sought to register, but had had 110 lease until within a few months, about two months, I believe, prior to the regis- tering, and he then got a lease of the same premises, and at the same rent. We had a case prepared and submitted to Mr. Pennefather ( who was then Serjeant Pennefather,) for his opinion ; and although the man was not six months in pos- session under that lease, yet Mr. Pennefather gave it as his opinion that he was entitled to register. 15591. Mr. Edward Pennefather is a gentleman of the first eminence at the Irish bar ?— A gentleman of the highest character and eminence at the Irish bar. 15592. And a gentleman, also, of strong Conservative principles?— He is generally said to be so. 15593. He is the same gentleman who was solicitor- ^ GllCl ^^ Haddington's administration?— He was solicitor- general under Lord Haddington s administration when Mr. Blackburne was attorney- general, and lie resigned when the Tories went out of office. 15594. Were you consulted, previously to the production of claimants, by any of them, as to whether they should come forward and claim or not?— I have fre- quently been consulted, by several persons, in my professional capacity. 15595. In that county?— In the King's County ; persons who would come up to register on the Liberal side, as to whether or not they should do so ; and they submitted to me the different deeds, or assignments, out of which they would so 643. ' 3 14 seek Sir T. Deehan. 19 July 1838.
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