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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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No Pages: 1
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48 PARLIAMENTARY [^ Fictitious ITotns, Reports, 1837- 8— continued. Keily, Denis. Wheelwright, Shanden- street, Cork ; registered as a ten- pound house- holder in October 1832 ; his name does not appear in any of the valuations, Lane 878. Keily, Timothy. Blarney- lane, Cork ; he was valued in 1S28 at 81.; not rated till the summer of 1832 ; registered November 1832, since which time he has been returned « poor;" not called upon to pay any rates, Lane 1100- 1103. Kelly, Mr. He was admitted to the register for King's County as a rentcharge ; he admitted, on his cross- examination, he had never received payment of money under it, Deehan 15607- 15621. Kelly, Edmund Meares. ( Analysis of his Evidence.)— Barrister, residing in Dublin, 14340- 14342 Employed by the Local Registry Association to report the proceedings at the registering sessions for King's County; number of sessions employed at, 14343- 14352 —— Particulars respecting the case in which the Conservative party were refused an inspection of the lease under which a party claimed to register, 14353- 14378 In the notice of registration there is nothing to show in what right a man means to register, further than as a leaseholder or freeholder, 14379- 14384 Impossible for any assistant barrister to detect the various causes tending to vitiate the lease of a freeholder or lease- holder, from the number of cases which come before him at the registry, 14384, 14385 Not allowing the inspection of a document by the opposing party is calculated to facilitate the registry of fictitious votes, 14391- 14393. 14406 Further evidence respecting the rule adopted by Mr. Gibson, of not allowing the opposing parties to inspect documents out of which claimants came to register, 14394- 14405. 14409- 14415 Other assistant- barristers have decided in the same manner, 14414. No doubt that at the registration in 1832 many fraudulent leases and instruments were got up for the purpose of registration, 14417- 14422- At this registry the number of notices to register by the Liberal party had the preponderance, 14423 Instances in which persons in the Conservative interest have refused to take the affidavit as to value after they have passed the assistant barrister, 14424- 14430. 14434- 14437 Instances where the assistant barrister admitted parol evidence of deeds without the claimants producing them, 14438- 14465. 14493- 14505. 14516- 14518 In these instances the counterparts of the leases had not been executed by the landlords, 14466- 14470 Whether the agents of landlords are not in the. habit of receiving sums of money over and above the expenses of the lease for the letting of land, 14473- 14492 The same inconvenience would arise to a tenant from the landlord laying his coun- terpart of the lease before counsel, as if he produced it in the registry court, 14510- 14515 Cases in which parties were admitted improperly to the register, 14528- 14540. 14556- 14568 Under the existing law, a ten- pound freeholder must be in the occu- pation of that out of which he seeks to register, 14541- 14555- Cases in which the barrister refused to receive evidence that went to show that the person who made the lease had no title, 14568- 14570. [ Second Examination.]— Further examination respecting the observations of the assistant barrister as to the extension of the elective franchise, 14571- 14573 On the question of the barrister refusing to receive or act upon evidence, which went to show that the person who made the lease had no title to do so, 14574- 14594 In the case of Stephen Meagher, the instrument produced by him contained no recital of how the person purporting to grant held the land, 14592- 14596 He was registered on the covenant contained in the assignment that the grantor had a good title 14507, 14598 The admission of such evidence was against the principles of law, and would open a door to fraud, and the admission of fictitious voters, 14600- 14610-- Case of James Harrington, claiming to register, the agent for the Conservatives was stopped in cross- examining the applicant as to his father's title or right to make a lease to him, 14613- 14618. 14621. Under the Irish Reform Bill, no person is bound to produce the title- deeds of any landlord under whom he may hold; but possession, and the perception of rent, are to be deemed prima facie evidence of the landlord's title, 14619- 14620 This does not prevent the cross- examination of the applicant, to ascertain whether his landlord has such title or not, 14624- 14641 The fact of stopping the cross- examination of a wit- ness by the registering barrister, considered by witness as a proof of his refusing to receive evidence touching the title of the landlord, 14642- 14656 The claimant, under the Reform Act, is obliged to swear that he is in the actual occupation of a freehold of the yearly value of 10/., 14657- 14663 There is a material difference in the wording of the oaths in the 35 Geo. 3, c. 34, 10 Geo, 4, and the Irish Reform Act, as regards occupation, 14664- 14692 There is no clause in the Reform Act empowering the 10/. freeholder to vote ; the 10/. leaseholder is empowered, and he is required to be in the occupation, 14673- 14683 The receipt of rent from a sub- tenant is proof of posses- sion, but not of occupation, 14691, 14692. [ Third Examination.]— Under the Reform Act there is no possibility of enforcing the attendance of a witness, 14970, 14971.14980, 14981 Claimants are not bound to produce the title- deeds of their landlords, 14972, 14973. 14999, iS000 Considerable difficulty in producing evidence of fraud, except through the cross- examination of the applicant
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