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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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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 . 61 r< 7 7880. Deducting the 74 that have been struck off by the Committee, how Mr. G. Gardiner many do you conceive there are upon the register that have lost their qualifica- —- tions, supposing them to be good in the first instance ?— About 220. 28 March 1838. 7881. Men that had an original qualification, but have since lost it?— Who were placed on the registry. 7882. But have since lost whatever qualification they had?— Yes. 7883. Have you attended the elections in Longford ?— I have attended five elections. 17884. From your experience on those occasions, do you conceive that the penalty of an indictment for perjury is a sufficient protection against men who have lost their qualifications coming forward to vote at the elections ?— By no means. I got cautionary notices served before the election, in last August, upon persons that I knew had lost their qualification; and there was the quali- fication oath put to tliem at the time of the election, and they took the qualifi- cation oath. 7885. Those persons you knew to have lost their qualification ?— I did. 7886. And you had them served with cautionary notices previous to the elec- tion, not to come forward?— I had. 78 87. Therefore, in order to give a bond fide constituency in the county, and the due exercise of the franchise, it would be necessary to sift the registry, and take off of it those objectionable votes ?— The registry of the county needs very much to undergo general investigation, and to take those persons who have lost their qualifications off, and to have it reduced to those that have a legal title. There are persons remaining upon it that we indicted last year, at the election before, for having come forward after the life in the lease had been dead: they came there and admitted the fact, and at Lent Assizes 183/ wre postponed the indict- ment till after the trial of the petition here; but after the petition succeeded, and Mr. Fox was seated, we dropped the prosecution. They remain upon the register, and have not got a new lease since. 7888. Although they admitted themselves that they had 110 lease?— They admitted it themselves. 7889. Mr. Curry.] Did any of those persons vote at the last election, in August 183/ ?— They did, some of those very persons that were indicted. 7890. Mr. Lefroy.] Those names still remain upon the register?— Yes. 7891. Chairman.'] Who confessed that they were guilty of having sworn falsely ?— Yes; they came to us when the grand jury were sitting in Longford, in the waiting- room ; they came to Mr. Fox and me, and a couple of gentlemen there, and acknowledged the fact, and hoped that we would not proceed against them. 7892. You state that some persons that came to you at the assizes in March 183/, and begged you not to prosecute them, because they confessed themselves guilty of having sworn falsely upon this point, voted subsequently under the same certificates in August 1837 ?— Yes, without any new qualification. 7893. Can you state how many?— I know of four; we had indictments against two more, but one of them got a new lease since, and registered it in October. 7894. Mr. Curry.] Those four voted at the last election?— Three of them voted in August, to my own knowledge. 7895. Mr. Lefroy.] Have you had any opportunity of observing the great abuse arising from the construction put upon one section of the Reform Act, by which it is held to preclude investigation into the lessor's title ?— So much so that leases have been made by persons not having a title, and given to persons under them, and the barrister would not go into the lessor's title at all. 7896. Have any fictitious votes been made of this kind, namely, where a person having a mere qualification for himself has made a lease to another at a small rent, and that person has registered, and both have thus been put upon the register ?— There are some few cases of that kind. 643 • 1 4
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