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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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if-/ Ireland ELECTION. 7 Reports, 18.37- 8— continued. " BENEFICIAL INTEREST :" 1. Generally. 2. Opinions relative to the construction of the words Beneficial Interest. 1. Generally: . These words were introduced into the Reform Bill at the suggestion of Mr. Lefroy, Courtenay 6743, 6744 An industrious tenant holding a farm under 30/. rent in Longford could support his family and lay by 40 I. a year, Cloglier 9865- 9872 On most of the farms which witness estimated the tenants had a beneficial interest of above 10/., Clogher 9958- 9961 Witness has never been called 011 to value beneficial in- terests in land till since the Reform Bill, Clogher 10274- 10300 There is not the same means of ascertaining the beneficial interest in a lease as there is in the case of land, Daly 15465. 2. Opinions relative to the construction of the words Beneficial Interest: Opinion of Mr. Tighe, that a tenant having a beneficial interest in premises to the amount of 10/. has a proper qualification to place him on the register, Courtenay 6740- 6742 In consequence of this decision many persons gave notice to register who would not have done so before, Courtenay 6745- 6747 Mr Tighe's principle was to make it depend upon the opinion of the individual occupant, and not upon the market value of the commodity, Courtenay 6990#- 6999*. 7007. Witness's construction of the term " beneficial interest," as occurring in the Reform Act, that the person has a real interest of 10 I. a year above the rent paid, Courtenay 6983- 6999. 7010- 7020. 7032- 7050 What the land would produce by being properly tilled, Flood 8416 The amount of a man's beneficial interest in Longford depends in some degree upon his age and strength, and the number of his family capable of assist- ing him in his labour, Courtenay 6988- 6992, Flood 9090- 9092 The beneficial interest of a tenant depends upon the quality of the land as well as the rent paid, Flood 9353, 9354- Beneficial interest in a farm is what the farm is able to produce, deducting from it the expense of labour, price of seed, & c., Clogher, 9850- 9862. 9872- 9883 The legal meaning of the term is what would be given as an additional rent, not what would sup- port a family, after paying the expense of cultivation, & c., Fosbery 13140- 13155 The opinion of the judges 011 these words was, such an interest as a solvent tenant could afford to pay 10/. for, over and above the rent, Battersby 13883- 13891 It should be such an interest of 10/. over and above the outlay as would produce the crop and rent, Battersby 13892- 13905. Persons possessed of five acres of good land at three guineas an acre would have a 10/. beneficial interest, Flood 8646- 8652. 8662- 8666 A man with ten acres of good ground may support his family upon its produce; every thing will depend upon the land and the rent, Flood 9456- 9465 Persons might have a beneficial interest of 10/. upon two acres of land under cultivation of either potatoes or oats, Flood 9508- 9523. 9529- 9535 Any person holding a certain amount of land, paying rent and taxes, and supporting himself and family therefrom, has a beneficial interest, such as is contemplated by the Reform Act, Nicholls 10681- 10688 In witness's calculation of the beneficial interest of a tenant he has adopted the principle of conacre, Flood 9128- 9132 By taking land in conacre instead of in crop the beneficial interest is diminished ; propor- tionate difference 1 /. to 1 /. 10s. an acre, Flood 9382- 9389. • See also Appeals. Cork. Electors. Qualification. Richards, Baron. Berwick, Mr. See Fosbery, Mr. Besnard, J. C. ( Analysis of his Evidence.)— Town- clerk of Cork, 1- 6' Attends every registry sessions to produce documents for authenticating the right of freemen, 7 Classes of the Cork constituency, 7- 10 The grand panel is now considered conclu- sive of a person being a freeman, 12 The first registration was held in October 1832; Mr. Moody, Mr. Willis, and Mr. Gahagan presided,^ 6- 18 They first sat together to lay down certain principles, and then each took a portion of the alphabetical list of claimants, 19- 24——- Parliamentary boundaries of the city, 25- 31 Area; number of townlands, 32- 37 Number of notices given ; the list published ten days before the registration ; impossibility of investigating the rights of claimants, 38- 42—— The names of freemen, freeholders, and householders were promiscuously inserted in this list; the townlands not always specified, 43- 47' Complaints were made of the confused nature of the list, 48- 51 Names were called without reference to their place of residence, There is no annual revision of the register even to strike off the names of dead persons ; penalties on persons voting who have parted with their qualification, 54- 62 Some persons register as householders, freeholders, and leaseholders, 63,64- Persons of the same name further embarrass the list, 65- 67 Number of claimants, and number regis- tered, 68, 60- The having three booths increased the difficulty of objecting to votes, 70- 80- Registrations in the city and county of Cork; some persons have had to go to 643. * a 4 Kanturk
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