4o 8 MINUTES OF EVIDENCE TAKEN BEFORE THE Richard Daly, Esq. claimant may say two or three collops. What is the value of these collops during: the summer season ? That is the way the value of the commonage is 17 July 1838. ascertained, and I suppose the same standard of valuation obtained with refer- ence to valuation in general. 15296. You stated you examined those claimants who came to you before- hand, in order to ascertain that they had a qualification ?— I did. 15297. What was your test of value ?— My test of value was what the land was actually worth to them over and above the rent reserved by the lease; what benefit or what profit had they out of the land over and above the rent reserved by the lease; and I applied this further test, I had the rent before me, and I further asked him what would that land let at; what would they get an acre for that land in case they were to bring it into the market. 15298. And if the result was that bringing the land into the market they could not get 10 /. over and above the rent, did you suffer them to go up and register?— If by their cultivation of the land, mixed up with the market- able value of the land, and if the balance of profit arising out of the produce, mixed up perhaps with the acreable value of the land brought into the market would give the franchise, I would advise those persons to come forward; and I must state, that one of my guides in that inquiry was this, the number of acres comprised in the holding and the locality of the holding; because it is a fact with regard to land in the King's County, that land that is contiguous to a town will let at 4 /. an acre; in the town of Tullamore, for instance, land lets at 3 /. or 4 /. an acre ; land at Ballyboy, in the King's County, also lets at 3/. and 4/. an acre. 15299. Mr. O'Connell.'] Land adjacent to the town ?— Yes. 15300. Mr. Lefroy7\ In order to exemplify one criterion, will you state to me, in any particular instance you may select for yourself, how you would make out the franchise on those conjoint circumstances you refer to, putting a case in which, according to the marketable value, you would not have 10/. a year, and where, according to the produce of the farm, you would not have 10/. a year, but where you say, by putting both together, you make out the franchise ?— I merely state I would take both into account, the one as a guide to the other; but I will further state, I would be guided by the balance of profit arising out of that produce, after deducting all expenses. 15301. Now, give me an instance of any farm you please, and let us work it out ?•— Then take a farm of 20 acres. 15302. What was the general average quantity of land upon which the claimant appeared ?— From 12 to 15 acres. 15303. Then begin with a 12- acre farm ?— Suppose a 12 acre farm, at a rent of 10s. an acre, that is 6 /. 15304. Is that the usual rent, 10s. an acre?— In some parts of the King's County it is from 10 s. to 15 s., 18 s., and 20 s.; there are very few cases in which land is let at 30 s. or 35 s. ! 53° 5- What should you say was the average rent of the county?— I should say the average rent might be from 12 s. to 15 s. an acre. 15306. Now, take any rent for those 12 acres that you please r— If those 12 acres would let at such a rent as to leave a profit of 8 /., that is what, according to the belief of the individual, he can get for his land, for it is only a matter of belief; under the 10 Geo. 4, the solvent tenant clause, it is a* matter of belief. 15307. We will suppose the tenant represents he could get in the market 8/. over and above his rent ?— Yes, in his belief; I would then ask him, if it is so near the marketable standard, how many acres of land he had in cultivation, in tillage; and supposing he had four or five acres of land in tillage, if I found from the amount of produce that its value, after deducting all the necessary ingredients, rent, labour, manure, and seed, that land was virtually worth to him 10/. a year, although its marketable value was 8/., I would advise that man to come forward to be registered. 15308. Then how is it, from the joint circumstances of the value of the land and the marketable value, you make out the franchise ; what has the market- able value to do with it when, according to your own statement, you reject the marketable value, and give a preference to the produce ?— I have already stated, I use the marketable value as one of the tests which I generally employ." 15309. Mr.