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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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q a 6 M I N U T E S O F E V I D E N C E T A K E N B E F O R E T H E O Mr. G. Battersby. 1365.5. Have you had much experience 011 the subject of registration ?— Yes, I have iiad a good deal; I have been since counsel for the Conservative Society 19 June 1838. in WestmeatfTpermanently; that is, I attend regularly at quarter sessions for them, and at the elections, and generally in then- affairs, upon appeals and generally upon those matters. 13656. You have paid a good deal of attention then, I dare say, to that sub- ject ?— As counsel, I have paid a good deal; not in any other character or capacity. 13657. What registration of voters did you attend first in the King's County ; what time was it ?— In April 1836. 13658. At the quarter sessions ?— Yes. 13659. Who was the registering barrister ?— Mr. Gibson. 13660. Mr. Gibson is the chairman or assistant barrister of that county, I believe ?— He is. 13661. Permanently?— He was previous to that time, and now is. 13662. Did you attend the whole of that registration at the quarter sessions of 1836 ?— Only in April 1836; I attended two sessions, one at Phillipstown, and one at Burr or Parsonstown ; not any other. 13663. I11 the spring of 1836?— Yes. ^ 3664. Both those attendances were in the spring of 1836?— Yes. 13665. One quarter sessions, in fact, for the county, held in the two different towns, I suppose ?— Yes. 13666. Are you able to state to this Committee upon what principle Mr. Gibson conducted the registry; for example, with reference to the ascertain- ment of the beneficial interest, what principle did he proceed upon ?— I cannot, with any accuracy, say what Mr. Gibson's principle was ; but, so far as I under- stood it, it was this: that if a man by any means received 10/. out of the farm which he occupied, he considered he had a beneficial interest to the amount of 10/., although he might have expended 201, to procure those 10/. from the land. 13667. Mr. O'Connell.] Do you mean to say 10/. including his rent, or ex- clusive of his rent ?— I mean to say, with reference to that, I could not speak with perfect accuracy ; certainly if he deducted from the return the rent, he did not make any other deduction ; but my recollection is that he did not deduct the rent either. 13668. Upon that I perceive you cannot speak positively?— No, I can only speak positively to this extent: that he did not in any way take into account the outlay or outgoings of the farm, but if a man received 10/. from the land Now, from recollection, I will say positively that he did not deduct the rent, or allow any credit for it; but if he received from the buyer of his crops the sum of 10 /., he considered that man had a beneficial interest. 13669. Let me see that we understand each other; suppose the rent to be 20/. a year, and the produce of the farm only 10/., is it your opinion that Mr. Gibson in such a case would have registered the man ?— My opinion is that he would, but that case did not arise ; and I cannot, as to that exact question, give a positive answer. 13670. But you speak of the principle; would the principle he acted upon permit him to register a person under the circumstances I mentioned, namely, paying 20/. rent and receiving 10/. for the produce of his farm, and being thus at a loss of 10/., instead of having a beneficial interest over his rent? — That case did not arise ; and as to the principle, I set out by saying I could not with certainty speak. 13671. Do you mean to say you cannot tell me whether or not the supposi- tious case I have put would come within what you conceive to be his principle of action or not ?— My impression is, he would have registered the man in the case put, because he refused no man for want of value ; but, as I said before, I cannot say with certainty what he would have done under such circum- stances. 13672. What the result of his mode of acting would have been under such circumstances ?— As I say, my impression is, he would have registered him; but I cannot say with certainty how it would have been. 13673. Mr. Serjeant Jackson^ Allow me to ask you whether, in point of fact, you mean to say that Mr. Gibson did not reject any persons on the ground of want of value ?— Not when I was before him, certainly, to my recollection. 13674. Was
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