SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 61 r< 7 7913. Was there any additional evidence of the death of the last life pro- - Mr. G, Gardiner duced in 1830 ?— No. 7914. Do not you consider that the continuance in possession of the holding 30 March 1838. by the claimant was prima facie evidence of the existence of the lease ?— Fie might have had opportunity during that six months to make inquiry; I have seen the barrister often refer cases to give the claimant an opportunity of inquiring whether a life was in existence or not. 7915. Is the claimant bound under the Act of Parliament to prove the exist- ence of the title of the lessor ?— I am not aware of what the law is in that respect. 7916. Mr. Lefroy. Have you known any instance of the registering barrister refusing to hear evidence in disproof of the title of the lessor of the claimant ? — We often requested the registering barristers to go into the title of the lessor, when we knew that they themselves were registered, and had made leases themselves to their tenants under them, or their sons. 7917. Were those cases in which evidence was offered to the assistant barrister on the part of those objecting to the claim, 01* in which it had been drawn out from the claimant himself, that his lessor was only registered as a 10/. voter?— Where it had been drawn out of the claimant. 7918. Will you mention a case of that sort?— A person of the name of " Patrick Murphy produced a lease from Neil Murphy, his father, at March 183/ , at Longford, before Mr. Tighe. He produced a lease of 12 acres 2 roods, rent 1//. 3. v. 2d. a year; 27 s. 6d, per acre; says the premises were worth 10/. above the rent he paid; that he built houses, which cost him 10/.; that his father held the farm of Mr. David Handley, and had 15 acres himself." 7919. Was it 15 acres including what the claimant had?— Fifteen acres was the fathers holding, and he made a lease of 12 J to this claimant; " the claimant would not part it for two guineas, but would not think it worth more ; says that land convenient let at 2 /.; Mr. Featherston Avas the head landlord, David Handley was the middle- man; has under- tenants on his holding, who have each one rood from him; he has 12 acres in possession. He was cross- examined by the counsel: that the head landlord might have a charge on the land to which it would be subject; the court refused to go into the landlord's title." 7920. What do you mean by the " head landlord" ?— The head landlord was Mr. Featherston ; that he might distrain for his rent if due by the middle- man. 7921. What rent was paid to Mr. Featherston?— It does not state how much was his, but the counsel cross- examined him : that the tenant might be subject to being distrained by the head landlord, though he might have paid the middle- man. 7922. Did the case of one Kelly occur at any of those registries ?— It did. 7923. Will you turn to that case?— In April 1835, " Patrick Kelly produced a lease of 10 acres of arable land and one of bottom; his rent 6/. 6 s. per year; he lives in the house with his father, from whom he holds; the father holds 15 acres himself; claimant thinks he could get 10/. a year profit, or 30s. per acre. An evidence of the name of Mr. M'Manus was sworn on behalf of the claimant; would give the claimant 30s. per acre for his holding; he was admitted. Then the next claimant was his father, Thomas Kelly ; he produced a lease of 15 acres Irish, at 13s. 6 d. per acre; says he had 10 more on the back of the lease, which he gave his son ; he was admitted also." 7924. Did any case occur in which an objection was taken to going into the title of the lessor of the claimant?— There was a case considered in March 183/, where Mr. Tighe said that he was bound by the 16th section of the Reform Act not to go into the landlord's title. 7925. Will you state the particulars of that case ?—" Michael Hilyard, of Lisfarrell, produced a lease, dated February 1829, from Nicholas Hilyard, his father, of 10 acres 2 roods and 39 perches Irish; it was for the life of Lord Forbes, or 20 years; the rent 161. 4s. 6% d., reserving to the lessor 2 acres 2 roods 39 perches, which left the claimant 9 acres in possession ; says the lessor's father is two years dead ; that the premises are worth 12/. a year above the rent; the rent reserved from his father to Mr. Malone, the landlord, was 35s. per acre. Counsel argued that the claimant should qualify above that; court says that he is bound by the 16th section of the Reform Act not to go into the landlord's title." . C43. K 7926. IN