23 8 MINUTES OF EVIDENCE TAKEN BEFORE TIIE O. E. Barber. cases they referred to an affidavit in the hands of the clerk of the peace, regis- tered at former sessions. . March 1838. 6078 Then they were admitted to register upon the production by the clerk of the peace of the former affidavit ?~ Upon the inquiry being made whether thev were the persons that had so registered, and whether they were still in possession of the premises from which they sought to register. 60- q Was there any investigation, in that case, of the value of the holdings ? — None • the mere oath of the party, stating that he was the same person that had so registered as mentioned in his affidavit, and that he still held the pre- mises out° of which he registered before, was considered sufficient evidence of the right to register. „ , 1. ... 6080. In reference to that class of 40 . v. freeholders, did you attempt to make any objection as to the value r— On the first case of a 40.9. freeholder, there was an objection made, but we were precluded ; the barrister said that there could be no doubt that they had a 40 interest in the premises, having pos- session ; that possession was sufficient to make a 40 . v. freeholder. 6081. Then he allowed no inquiry beyond the production of the affidavit and the examination of the party himself, that he was the same person, and that he continued to hold ?— That was all. 6082. Did it happen in many cases that persons came forward who were not questioned at all on either side, who were registered without any evidence or any examination ?— Persons of known respectability and of known value, known to each party, were admitted to register without any objection. 6083. Was that done indifferently on both sides ?— Yes, certainly. 6084. Both parties passed those that were known to be respectable and sub- stantial ?— Certainly. 6085. And then the barrister registered them without any question at all?— Of course, if a person was considered to be of Conservative principles, and the other party saw that he was a person unobjectionable, they said there was no objection; if, on the other hand, a person of the Liberal party came to offer, and he was unobjectionable, the Conservative party said there was no objection. 6086. There was no examination had upon it ?— No. 6087. Then it was not at all the case that there was a litigation upon every case ?— Positively not. 6088. Mr. Curry.] You say that the registering barrister, Mr. Moody, would not allow the value of any 40 s. freeholders who had been previously registered to be questioned; did you offer any evidence to impeach the value ?— We offered to examine the voter as to his value. 6089. And the voter was not allowed to be examined as to the value ?— He was not allowed to be examined as to the value. I understood that it was the general principle acted upon in every other case, that 40 s. freeholders were not allowed to be questioned as to their value. 6090. Was there any reason assigned for not allowing them to be questioned ? — The reason assigned was that they must have had a 40s. interest, inasmuch as the possession of a freehold was considered a sufficient 40 s. interest; it was not considered that they should have 40 s. over and above the rent ancl charges, though that was sworn to. But it was considered that the mere removal from one place to another would be equivalent to 40 s. a year, if they removed into another place. 6091. Mr. Serjeant Jackson.'] Then the circumstance of being found in pos- session of the same tenement was argued to be worth 40s., because the expense of removing into another tenement would have involved an expense of 40s. ? - That was what I understood. 6092. Mr. Curryq Was there any reference to the former affidavit as having ascertained the value ?— It was upon a former affidavit, at a former registry, that they were registered. There was no question as to the value upon this occasion. r 6093. You say that you were secretary to the Conservative club for the county of the city of Cork ?— Yes. 0094. Of what class of persons is that club composed?— A great number of gentlemen possessing estates and property in the county and the city of Cork. O09 5. \ Vere there any noblemen upon it ?— There was Lord Bearhaven attended one of our meetings. 6096. Mr. Serjeant Jackson.] No Peer of Parliament attended ?— No. 6097. Mr.