66 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. G. Gardiner. 7926. In that case, what was the rent reserved upon the lease to the lessor of the claimant ?— The claimant's rent for 11 acres 2 roods 39 perches was 30 March 1838. 16 I 4(?> Qd 7927. What was the rent reserved upon the same land from his lessor to the head landlord ?— Thirty- five shillings per acre. 7928. And then the counsel objected to the claimant that he should qualify, by showing a 10 I. franchise over and above the 35 s. per acre?— Yes. 7929. It was held by the court that he could not receive that objection, because he was bound not to go into the title of the lessor ?— Yes. 7930. Did any other cases of that sort occur, in which a defect appearing, arising out of the title of the lessor of the claimant, the court refused to go into that objection, 011 the principle that you have stated ?— There arose several other cases on that same property, held under the same lease, for the life of Lord Forbes, or a term of years. 7931. Cases of the same kind?— Yes. 7932. And in which the court made the same decision ?— Yes. 7933. Mr. French.] The tenant did not claim to register under the lease from Mr. Malone at all ?— No, under the lease from his father. 7934. Mr. Curry. J Was the lease from Mr. Malone produced ?— No, it was not. 7935. Mr. Lefroy.] But the claimant himself admitted that the rent reserved by him was 35 s. an acre ?— He did. 7936. Can you state any instances of Mr. Tighe having admitted claimants who, upon their own examination, could not prove that the land was worth anything more than the rent they paid for it ?— I do recollect an instance of that. 7937. Will you state the name of that case ?•— Michael Kearnan. 7938. At what sessions was that?— At Granard, in March 1837- 7939. Will you state the particulars of that case ?—" He produced a lease, dated April 1830, of 17 acres 2 roods statute, that is, 10 acres 3 roods 20 perches Irish measure; the rent 17 /. 2s. 11 d. for the entire holding, about 32 s. 6 d. per acre. He was cross- examined by counsel, to know what he would give if he was to take it out now ; said that he would not give more than the present rent if it was out of lease ; it was not worth more to him; others might; it was subject to 11 s. 11 d. tithe yearly. He was re- examined by the court, to know if it was worth more, taking his improvements into con- sideration ; he said he would consider it at the highest worth 33 s. or 34 s. per acre ; pays about 5 s. a year cess." 7940. Then the highest he valued it at himself, including all his improvements, was 33s. or 34 5-. per acre ?— Yes. " Mr. Galbreath was examined; knew the land; considered that 25 s. an Irish acre would be a high rent. He was examined by counsel; saw the claimant's land yesterday; valued it under the Composition Act; rides by it almost every day to the court; says that no part of the claimant's land is first- class quality. Mr. Johnson was then examined: knew the land, that a farmer would pay 25 for it; 30 s. would be a rack- rent. He was cross- examined, to know how he valued it; says that the quality of the land was light moory shallow soil; saw it in various states, tilled, grazed, and crop; from its appearance, thinks very little has been expended on it; thinks himself as good a judge, from his knowledge of farming, as the claimant; can make as much of farming as any man. Court reserved the case for further consideration; the evidence of the claimant not satisfactory, and ordered his affidavit to be made conditional, and admitted him at " Long- ford." & 7941. Then he suffered the man to make an affidavit at Granard of his hav- ing a qualification of 10 I. ?— Yes, and gave him a certificate in Longford. 7942. In that case, what was the utmost amount to which the man's own valuation would bring his qualification ?— The man's own valuation would not bring him 11. He says that he would not give more than the present rent if it were out of lease ; he was asked the amount of rent, he said at the highest 33 or 34 7493. Taking it at the highest, that is a profit of 1 s. Qd. an acre; how much would that give him ?— About 16. S-. or I/. v. 7944. According to the two witnesses that were examined, it was not worth at