Select Committee on Kinsale Election Petition: minutes of evidence

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218 MINUTES OF EVIDENCE taken before SELECT COMMITTEE 

The following Documents were handed in by the Witnesses in the course of the 

Evidence. 

No. 
1. 
Borough of Kinsale. 
As agent for several registered voters, qualified to vote for a Member to represent said borough in Parliament, I hereby require you, as collector of the municipal cess for said borough, assessed under an Act of Parliament passed in the ninth year of the reign of his Majesty King George the Fourth, intituled, " An Act to make provision for the Lighting, Cleansing and Watching of Cities, Towns Corporate and Market Towns in Ireland, in cer¬ tain cases," to supply me with an authentic account of all arrears of the several rates assessed and applotted under said Act, which are now due by the several persons named in a list which I herewith produce to you or payable out of or applotted upon the several dwelling-houses and tenements within said borough, out of which said several electors are qualified to vote for a Member to represent said borough in Parliament. 
And I give you notice that I, as such agent for said several electors, am ready and willing, and hereby oifer to pay you the several arrears of said municipal rates payable by said several electors, or applotted upon the several dwelling-houses and tenements out of which they are respectively qualified to vote as aforesaid. 
And I hereby require you to appoint a time and place on Monday the 2d day of August next, at Kinsale aforesaid (when and where I will attend), to produce to me the account books of the several municipal rates which have been assessed and applotted on said borough, pursuant to the provisions of said Act since the same came into operation within said borough, in order to ascertain the arrears due by each of said electors respectively, or chargeable upon said several dwelling-houses and tenements aforesaid, which arrears I, as such agent, am ready and willing, and hereby offer forthwith to pay and discharge as aforesaid, in order that the same may be discharged previous to the approaching election of a Member to serve in Parliament for said borough. 
And I require your answer in writing to this notice before eight o'clock this evening, to be left for me at the dwelling-house of Josias Dunn Walton, solicitor, on the Long Quay in said borough ; and in case you decline, omit, or refuse to comply with this notice, such proceedings will be taken against you as counsel may advise, on which proceedings this notice will be used to charge you with costs. 

Dated this 31st day of July 1847. 

Michael Gamble. 
To Mr. 
John Burke, Collector of Municipal Rate, Kinsale. 

No. 
2. 
Whereas, under and pursuant to the provisions of the Act of 9 Geo. 
4, c. 
82, several rates have been directed to be raised in the years 184-1, 1842 and 1843, upon the several houses and tenements in the town and borough of Kinsale in the county of Cork, for the collection of which, warrants were respectively issued by the commissioners appointed under said Act, for the said town and borough, directed to John Burke : And whereas the said John Burke has not, in compliance with said warrants, proceeded to the collection of said rates nor made any demand for same, and has openly admitted that the non-payment of said rates will have the effect of disqualifying several persons from voting at the approaching election for a Mem¬ ber to serve in Parliament for the said town and borough; and that he is politically opposed to many of such persons now registered and claiming to vote at said election : And whereas, on Saturday the 31st day of July last, I, as agent for said several electors, both verbally and by notice in writing, personally served, applied to said collector for an authentic account of the arrears of said several rates, and required him to fix a time and place at Kinsale (when and where I thereby offered to attend) on yesterday to produce to me the account books of said rates in order to ascertain said arrears which I thereby stated I was ready and willing, and therein offered forthwith to pay, in order that the same might be discharged previous to said election, of which time and place I required said collector to give me notice in writing before eight o'clock on the morning of said Saturday: And whereas said collector has refused to comply with my said notice: Now I do hereby give you notice and require you or some or one of you to fix a time and place when and where you will attend within said borough and town of Kinsale, with the several documents and books of assessment or applot-ment of or liability to said several rates, in order that said electors may be enabled to ascer¬ tain the amounts due of them respectively, or of the several houses and tenements out of which they are respectively qualified to vote; and I am ready on their behalf and hereby again offer to pay and discharge such arrears of said rates as shall appear to be due and owing as aforesaid ; and I will at such time and place give you the names of the several persons on whose behalf this notice is served ; and 1 require that the time hereby de¬ manded to be fixed shall be some hour during this day or to-morrow, and that reasonable 

notice