188 MlNX J T E S OF E V I D E N C E T A K E N B E F O R E T HE Mr. s. Nicholls. 10688. And that is your view of the way in which " beneficial interest" should be ascertained and calculated ?— Yes. 22 May 1838. 10689. Do you suppose it would be advantageous, if the registry were to be as you recommend annually, that parties giving notices of objections should be subject to costs ?— I think frivolous and vexatious objections should be subject to costs; but if the objections appear to be well founded, I do not think they ought to be subject to costs. 10690. You mean to say, that, if the objections are what you would term frivolous and vexatious, you would then subject the party making them to costs ?— I would. 10691. Would you also subject parties supporting a claim which was frivo- lous and vexatious to costs ?— If it was glaringly frivolous and vexatious. 10692. As glaringly on the one hand as on the other?— Yes. 10693. Do you think the present system of the person presiding at the regis- tration being also the person that presides at the quarter sessions advantageous or not ?— I think that has very little effect. 10694. You are contented with that part of the system r— I think so. 10695. What is the name of the gentleman who pitched up his brief ?— Mr. Colquhoun. 10696. At what period of the sessions did he pitch up his brief?— At Bally-- mahon sessions; they were three days in Ballymahon, and I think it was the second day. 10697. Did he ever attend the registry sessions afterwards ?— He did. 10698. Before Mr. Fosberry?— Yes. 10699. How came he, after having pitched up his brief, to come back again 3 — While in Ballymahon he considered that he was not treated fairly; he said he would not go before Mr. Fosberry again, and directed us to send for other counsel, and quitted the court and went to the hotel. Mr. Carby and I then took upon us to act as counsel for our friends. 10700. You have stated that he did attend after he pitched up his brief?— He did, both in Granard and Longford. 10701. And before Mr. Fosberry ?— And before Mr. Fosberry. 10702. How came he, after having pitched up his brief, to come back again ? — I consider that having got a handsome retaining fee, and seeing tliat though he was not satisfied with the way in which things were going on, that it would be worse without him, he reconsidered the thing and went back. 10703. How many days after he pitched up his brief did he go back again ?— I cannot say exactly, it might be three or four. 10704. What was the date of his pitching up his brief; in October or November?— It was in October. The registry commenced in October. We were three days in Longford, three days in Ballymahon, and three days in Granard. 10705. Is Mr. Colquhoun now alive?— No; it was the overwork at that registry and election that killed him. 10706. How many days did he appear before the registering barrister subse- quently ?— Probably he was three or four weeks afterwards. 10707. He did not pitch up his brief a second time ?— No. 10708. He went on very quietly?— Not very quietly; they used to have a great deal of squabbling. 10709. There was no squabbling on the other part?— Yes, there used to be between the opposite counsel. 10710. There was no squabbling between Mr. Fosberry and the counsel on the other side ?— No; they used to dine together, and to go on very harmo- niously. 10711. And they never in any instance had a squabble ? — Not that I am aware of. 10712. You were never present when there was any difference of opinion between Mr. Fosberry and the counsel upon the other side ?— They used to be arguing law points that I did not well understand. 10713. Did Mr. Fosberry always concede his opinion to the counsel on the other side upon those points?— To be candid, I think that Mr. Fosberry was a man ot very shallow knowledge, and that he took the advice of the other party as to what he ought to do. 10714. You