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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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\ 42 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Courtenay, Esq. 7339. Do vou know any more of such deeds in the county of Longford r— - I do not; and in those cases the money is as punctually paid, and would be paid 27 March 1833. if there were no deed in the case. It must be paid; it is only another way of securing it. . 7340. Why r I have nothing more to say upon that subject, than that it is only another way of securing it, because the money must be paid, and would be paid if there was no rent- charge in the case. 7341. Why?— Because it is an annual allowance to a party, which he would receive whether it was by rent- charge or not. 7342. A bounty from a parent to a child, or something of that sort:— Yes; for i have myself paid the money before the rent- charge came in the case. 7343. Chairman.] Then, in fact, although there was 110 money paid, there was that consideration which constantly causes charges of that sort to be granted by one party to another?— There was; it was not creating an original right to receive the money for the purpose. 7344. It was converting the original right into a form, by which the vote was acquired ?— Precisely. 7345. Mr. O'Connell.'] But the original right was the mere courtesy of parent to child?— Yes ; but it is a right which must exist; the child, perhaps, could not get on well without it. 7346. That is, the parent is under an obligation to support the child ?— Natural love and affection. 7347. Did you prepare any of the leases upon which persons have been regis- tered ?— I did: I prepared a good many leases upon which claimants have been registered. 7348. Were you present when Mr. Tighe rejected the voters upon Lady Ross's estate; those whom Judge Torrens put upon the register?— 1 was; I entered the appeal myself. 7349. Was it you that prepared the leases ?— It was not. 7350. Were they prepared upon the portion of Lady Ross's estate that you receive the rents for ?— No, they were not; I had the leases in my hand ; they were prepared by the solicitors, Harris & Dickenson, of Stephen's- green. 7351. What was the objection that Mr. Tighe took to those leases ?— There was a covenant in the lease, making it compulsory on the tenant to reside upon the land, and it came out upon examination of the first, or perhaps the second, claimant. I believe the first passed without any remark ; but it came out upon the examination of the second claimant that he did not reside, but that he was in the act of having a house built, intending to reside; and Mr. Tighe held that he could not register him as a freeholder in consequence of this covenant. 7352. Was that a covenant or a condition merely creating a forfeiture ?— It was a condition creating a forfeiture. 7353- Can you produce two or three of those leases ?— I will get a lease. 7354. Can you state distinctly that the condition is identically the same in each?— I can in each of the appeal cases, for I looked at them all before I appealed. 7355- Chairman.] How many cases are there ?— I said that there were five or six; I have satisfied myself since the last day I was here that there are but five. 7356. Mr. O'Conncll.'] Do you know of any other leases containing restrictive covenants, upon which there has been a registry ?— There may be covenants to bu rn lime and keep the house whitewashed, and make fences and that. 7357- Do you know any cases in which leases contain double rent, conditioned, if the covenants were performed, to be but one- half?— I do know some instances of that sort, but not brought up by me. 7358. Not in your interest ?— No ; I have known them to be brought up upon the other interest, and registered. 7359. Do you know of any instance, on the Conservative side, of leases empowering the landlord to re- occupy in case of a breach of the covenants ?— That is pretty much the same as Lady Ross's leases. 7360. Are there any other cases which are not identical with Lady Ross's, but containing the same principle?— I cannot exactly say. 73^ 1. Has any such objection been made to any tenants coming to register irom the Lefroy estate ?— No; I never saw any objection taken to Mr. Lefroy's tenants upon that ground. 7362. Did
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