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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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/ w 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 VOTES, I R E L A N D . 3 4 3 4 / 14136. For the same convenience of registering ?- That is my recollection. q BMi Es 14137. Did you resist m each case the claim of the party to register upon that state of facts ?— I did as strongly as I could. " ' 26 June i3 8 14138. Did you argue the case ?— I did, and Mr. Daly argued the case on the other side. 14139. Mr. O' Connell As strongly as he could ?— Yes ; and his arguments must have been more convincing, for he beat me in every case. 14140. Mr. Serjeant Jackson^] Did the barrister give any reasons for his decision ?— I do not recollect him throughout the registration to have assigned any reason for anything he did, except this, that the Legislature, in passing^ that Act, intended to extend the franchise very much, and more than appeared\ ipon the face of the Act to be expressed. 14141. Do you mean to say he reiterated that as his reason when he decided these several claims and cases against you ?— I mean to say it is the only reason I recollect him to have assigned for anything. 14142. Chairman.'] Did he reject any cases ?— He did. 14143. In rejecting those cases did lie assign any reason for his rejection? No ; I assigned reasons why he should reject them, and he did reject them for those reasons. I do not remember him to have rejected any cases but two ; the first was Mr. Burke, the barrister, who claimed under some deed or instrument of which I do not recollect the purport; he was the first claimant, and he was rejected because he was not six months in possession. 14144. O'Connell.] You objected to him ?— Yes. 14145. And succeeded?— Yes; but upon that same objection he afterwards ruled against me. 14146. Mr. Burke was not in possession at all?— I am not sure; I think he was. 14147. Was there any case in which he rejected a claimant on the ground of not sufficient value ?— No. 14148. Not throughout the registry?— Certainly not, while I was there. 14149. Mr. Serjeant Jackson.] You say there was a similar case he rejected? — Yes ; but I do not recollect the grounds of it, but I am pretty sure it was for the same reason, and pretty early in the registry. 14150. You say these were the only cases of rejection you recollect?—! do not recollect any other. 14151. Were they both rejections upon objections taken by you ?— They were. 14152. And early in the registry?— Yes, Mr. Burke was the first who came forward; I recollect him, because he belongs to my own circuit. I have a very faint recollection of the second case, but there was a second case. 14153. Did you urge upon Mr. Gibson, when other cases came forward after- wards, where the other parties had not been six months in possession, did you urge upon him not only the statute, but likewise the precedent he had himself established in the rejection of Mr. Burke on that specific ground ?— I urged that, and every other argument that occurred to me, as far as I thought I could with any degree of propriety press them. 14154. Then what answer did he give to the rule which was laid down by himself?— I do not think he gave any answer; he desired him to be registered. 14155. Did he assign no reason for departing from his former rule?— My recollection is that he assigned no reason from beginning to end, except that one of the intention of the Legislature with respect to the elective franchise. 14156. Surely that would not be any reason whatever against your argument that he had before admitted the validity of the objection by rejecting Mr. Burke, who had not been six months in possession ?— It could not be a reason, but I do not recollect his assigning any reason whatever. . 14157. At what interval; did not other cases arise after the rejection of Mr. Burke ?— I do not recollect. 14158. Did it arise the same day?— Yes; certainly all these cases I have been speaking of arose the same day in Parson's Town. 14159. And is your recollection distinct, that you not only used all the argu- ments arising upon the statute against a person who was not six months m possession, but you likewise pressed him upon his decision 111 the case of Mr. Burke, which was also decided upon your objection ?— Perfectly distinct. 14160. Are you clear that you urged that rule upon him ?— Perfectly clear x x 4 14101. Ana
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