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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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\ 32 MINUTES OF EVIDENCE TAKEN BEFORE THE 6041. You object to a claimant being registered on a certificate without appearing j. courtenay, tsg. ^ ^^ ^ aware that under the Reform Bill it was not necessary for 27 March 1838. anybody to appear in person who was already upon the register?— I am; I am aware that it was the custom to re- register persons who had been upon the register under the 10th of Geo. 4, and to give them a certificate as freeholders under the Reform Act. . 6942. Chairman.] Was there much investigation into the qualification of persons claiming to be upon the register under the Act of 10 Geo. 4 ?— There was. 6943? Do you think that under the provisions of that Act, as many improper persons were admitted upon the register, as have been admitted under the Reform Act; meaning by " improper" those not intended by the Legislature in either instance ?— I am quite sure that there were not. 6944. Mr. French.'] Was not. there a material difference in the oath between the 10 Geo. 4 and the Reform Bill, as to a solvent tenant being able to give 10/.? — There were some omissions in the oath attached to the Reform Act, 1 believe. There has been a very considerable question about it, I know , in Ireland, and adverse opinions held upon the question. 6945. Mr. O'Connell.] Do not you know that under the Act of 10 Geo. 4 it was necessary for a voter, before he registered, to swear that in his judgment a solvent tenant would pay him 10/. clear for the property ?— Yes, I am aware that it was. 6946. Are not you aware that that is not necessary under the Reform Bill ?— That is the omission to which I allude. 6947. Is not that an important omission in itself, taking the two oaths together? — I think it is. 6948. The Reform Bill, besides creating a new franchise, mentions " beneficial interest"?— Yes, and I should say the question is, what is meant by a beneficial interest. 6949. But it is a word not used in the 10 Geo. 4 ?— No. 6950. So that, in the Reform Bill, you have two things, first, a beneficial interest, and next an omission in the oath, that 10/. would be paid for it by a solvent tenant?— Yes, but I find that he must swear that it is of the clear yearly value of 10/. in the Reform Act as well. 6951. Mr. Lefroy.] In the oath, there is nothing about beneficial interest?— No ; I find it to be, that it is of the clear yearly value of 10/. 6952. Mr. O'Connell.] In the new franchise that must necessarily refer to beneficial interest, whatever the meaning of that may be?— I do not find the words " beneficial interest " in the affidavit. 69,53. Is not " beneficial interest, clear of charges," in the section ?—" Having a beneficial interest therein, of the clear yearly value of not less than 10 /." 6954. Mr. Lefroy.] Is that the section that prescribes the oath?— It is not. 6955. Is there, in the section which prescribes the oath, a word about benefi- cial interest ?— No, I do not find that there is. 69,56. Mr. O'Connell.] By the ist section a person is entitled to the franchise who has a beneficial interest, clear of charges ?— Yes ; a beneficial interest of 10 /., over and above all rent and charges. w O 6957. There is nothing reciting that in the section that prescribes the oath?— No: it refers to the affidavit in the Schedule. 6958. Then any man, who has the interest described in the lst. section, is entitled to register, provided he takes the affidavit ?— So I conceive. 6959- You have saicl a deal in disparagement of the franchise ; is it your own opinion that the franchise should be extended to a greater number of landhold- ers, or confined to a smaller number than that which the Reform Bill prescribes; which should you prefer ?— I should like to see the landed interest always well represented ; and, provided the standard of the franchise were such as to leave no question of doubt as to the solvency of the claimant, 1 should have 110 objection to see it extended. 6960. Would you have any objection to see it extended to a bond jicle fair clear profit, payable by a solvent tenant, of 5 I a year ?— It would be preferable almost to the system that I have observed, provided that it was taken in that sense by the claimant, and that the person sent to be a judge of it would act according to that view. 6961. Then if there were an enactment which would leave no doubt, being in express terms that there should be 5 I. clear, over rent and charges, to be paid by a solvent
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