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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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Ireland] ELECTION. 37 Reports, 1837- 8— continued. Fosbery, John Francis. ( Analysis of his Evidence)— continued. and place them on the registry, 13123, 13124. 13170, 13171 Both parties were equally zealous in objecting to claimants that came up to be registered, 13125, 13126. 13172- 13176 The tenants of Col. White had a most excellent interest; he did not extort from his tenants the utmost rent they were capable of paying, 13136- 13130 The legal meaning of beneficial interest is what would be given as an additional rent, not what would support a family, 13140- 13155 Very great improvement if the list of claimants was arranged according to townlands, and not merely alphabetically, 13156- 13160. Present system of registry produces a great deal of agitation ; an annual register much more desirable, or at all events that the barrister should have the right of seeing whether the qualification still existed, 13161- 13167 There is nothing to prevent a person re- registering within the eight years, so as to keep his title up for a further period of eight years, 13167- 13169 Character of Mr. Greville's tenants; great complaints among them of the high rent at which their land was let, 13193- 13198- Further evi- dence respecting the necessity for an annual revision of the register, 13199- 13209 Very few voters would be objected to, if the attorney employed was made liable to the costs, if the objection was not sustained, 13210- 13213 Opinion that the mere pro- duction of the certificate within the eight years, would not entitle a man to be registered without an inquiry into all the qualification, 13215- 13218 There is no difference of opinion amongst the registering barristers as to the propriety of having an appeal upon admission as well as rejection,^ 13218- 13221. Fosbery, Mr. He refused to register certain tenants, on the ground that the landlord was not in a state of mind to grant leases, Flood 8330- 8360 In rejecting the tenants of M'Avoy, he distinctly stated that they had a 10 L interest, but he objected to them that the man was not capable of making the leases, Flood 8348- 8352 Particulars relative thereto, Fosbery 12957- 12965 He was a man of very shallow knowledge, and took advice from the Conservative party as to what he ought to do, Nicholls 10710- 10722 Was appointed registering barrister for Longford, not for talent or ability, but from connexion and influence, Nicholls 10725- 10748 Witness is no way con- nected with the county of Longford, Fosbery 13037- 13056 Was in the'habit ofdining with the Conservative counsel after the registry court was over, Nicholls 10710. 10786- 10792 There is 110 truth in the above statement; witness, 011 the contrary, dined with Mr. Hutton, the counsel for the Liberal party, Fosbery 13071- 13073. At the registration in 1832 his conduct partook more of error than corruption, Nicholls 10793- 10801 He frequently ordered the registry court to be cleared when there was no disturbance, on the application of the Conservative agents, Ternan 10870- 10894 General impression amongst the constituency of Longford that he was always against the Liberal interest in his decisions, Ternan 10870- 10894, Rooney 11374- 11376 —-— In determining the test of qualification, he considered that upon a tenant showing that he could obtain 10 I. a year over and above all charges, the person ought to be ad- mitted, Ternan 10910- 10913 In deciding a claim to register, he gave weight to the greatest number of witnesses rather than to the fewer ; in some cases the witnesses as to value had not been on the property for several years, Ternan 10914- 10924. A memorial forwarded to the Government, complaining of his decisions, was sent to him, and he answered each charge seriatim, Fosbery 13004*- I30i6.13018, 13019. 13026- 13029. 13121, 13122- He was served with a writ ( at the suit of a party whose claim he had rejected) pending the registration ; the name of the attorney of the Liberal party was to the process, Fosbery 13031- 13035' Letter from Lord Stanley to him, requesting to be informed whether it was his wish 10 undertake the duties of a registering barrister, Fos- bery 13041- 13043 Extract of a letter from Mr. Berwick, the counsel on the Liberal side, complimentary of the impartial manner in which he had discharged his duties, Fosbery 13074- 13085. See also Appeals, 3. Registration, ill. 3. Franklin, James. Coppersmith, Sullivan's- quay; registered for Cork out of a house and yard at Sullivan's- quay ; his name does not appear anywhere in the valuation, Lane 7^ 5. Frauds ( Longford). No doubt that at the registration in 1832 many fraudulent leases and instruments were got up for the purpose of registration, Kelly 14417- 14422 Con- siderable difficulty in producing evidence of fraud, except through the cross- examination of the applicant himself, Kelly 14974- 14979. 14982- 15003. See also Certificates. Personations. FREEHOLDERS: Cork.— Examination respecting certain freeholders who voted at the last election for Cork, value of freehold, & c., Young 2595- 2622. King's County.— By far the greater part of the ten- pound freeholders were registered without having a 10 I. marketable value, Julian 14726- 14732. See also Forty- shilling Freeholders. Longford County. 643. e 3 Freeman's
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