V 282 M I N U T E S O F E V I D E N C E T A K E N B E F O R E T H E Thos. Courtenay, Esq. 8 June 1838. 274 and in such a case the estate hereby granted or released shall upon and from such one of the said half- yearly days as shall next ensue after the expiration of six calendar months from the giving or leaving of such notice in writing, abso- lutely cease and determine." Is that clause in the lease you have brought?— It is," and a clause giving a tenant the power of surrendering his holding. 12848. The clause I specified is there verbatim ?— It is. 112840. The name of the tenant being different, and no other difference?— Yes. 12850. Were you present when Cunningham registered under that lease?— I was. . 12851. Did you bring him up to register, or was it with your assent he regis- tered ?— It was with my assent. 12852. Did you bring him up to register ; did you serve a notice for him?— I do not think I served a notice for him. 12853. You brought him up; you and your counsel sustained him ?— I was in court when he came up to register. 12854. Were you assisting him to register?— I was not opposing him, certainly. 12855. Were you not assisting him?— When they first registered, shortly after the making of these leases, I was in court. 12856. You countenanced and assisted him?— I countenanced him certainly. 12857. And assisted him?— I do not know that I can say assisted; they did not seem to require any assistance; the leases were handed up, and the barrister looked at the date, the quantity of land, and the rent. 12858. Who handed him the lease ?— I believe I did, I will not be positive. 12859. the best of your recollection ?— To the best of my recollection, the lease was handed to me, and I handed it up; I was attending the registry. 12860. How many tenants, with such a clause, did you register upon Mr. Anthony Lefroy's estate ?— There were, I think, 10 011 the townland upon which Thomas Cur. ningham lived. 12861. Registered with your countenance and that species of assistance ?— Registered under a lease with this covenant in it. 12862. And with your countenance?— Yes, so far as that I did not oppose them. 12863. And help them as much as they wanted ?— I do not think they required any help ; I did not say a word in their favour. 12864. But you would if it was necessary, according to the facts ?— Yes. 12865. Did you register any others upon any part of the estate of Mr. Anthony Lefroy with a similar clause ?— Yes. 12& 66. Ten upon one townland ?— Yes, and six upon another. 12867. With a similar clause ?— Yes. 12868. Any upon any other part of the estate of Mr. Anthony Lefroy? — No. 12869. Upon any other estate do you know of any being registered upon a lease with a similar clause ?— No. 12870. Has there not been an ejectment brought against Thomas Cun- ningham ?— No. 12871. None?— No. 12872. Are you sure no ejectment has been brought?— Not that I know of. 12873. Should not you be the law agent if there had been ?— Yes, I think so. 12874. Then it could not be brought without your knowledge ?— It might be brought without my knowledge. 12875. Was it at the sessions it was brought; might it have been brought at sessions without your knowledge ?— It might have been brought at sessions or out of the superior courts ; I have been from home a great deal lately, and my clerk might have done it, or it might have been done out of my'office, but I am quite sure no ejectment has been brought against Cunningham. 12876. Has he been served with a notice to quit ?— I believe he has been served with a notice. 12877. Have you any doubt that he has ? with a notice, but I do not think it has been acted upon. 12878. Was not the notice prepared in your office; you will see a copy of it in the printed papers : " Sir,— Take notice that pursuant to the proviso con- tamed m the indenture of release, bearing date the 12th day of February 1831, granted - No, I believe he has been served