\ 254 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. E. Rooney. 11720. And the result was that he was not put upon the register ?— Yes. 11721. But you refused to say that was a refusal of the court to put him upon 25 May 1838. t] ie register l— I can say no more than the fact. 11722. I ask what was the fact ?— He was not put upon the register. 11723. Did the court refuse to put him upon the register?— I say the court was not asked to do it, therefore they could not refuse. 11724. Are you quite sure the court was not asked ?— I am. 11725. Do you not think the application to be put upon the register was verbally an application to the court ?— I think it was an application to get the certificate ; but unless that appeal was decided, he could not get a certificate. 11726. I am not asking about getting a certificate, but being put upon the register ?— Thefappeal was," of course, asked to be put upon the register; but that was not asking for his certificate. 11727. Mr. Curry.] Was the verdict of the jury against the sufficiency of CahilFs qualification ?— It was not, of course. 11728. Mr. Lefroy.] Was it in favour of his qualification '?— No. 11729. Then the jury did not believe the witnesses who swore he was qualified ? — Some did not believe the witnesses on one side, and others did not believe the witnesses on the other side; but I believe the opinion was, that a great majority of the jury were in favour of giving the man the value. 11730. Mr. Curry.] What document is that yo » now produce ?— It is a lease from Mr. Anthony Lefroy to Thomas Cunningham. 11731. Is that a lease of lands in the county of Longford ?— Yes. 11732. Have you read that lease ?— Yes, I read a great deal of it. 11733. This is a lease for the life of Thomas Cunningham, the lessee?— Yes, to continue during the natural life of Thomas Cunningham, the lessee. 11734. It is a demise of 28 acres, 1 rood, 15 perches, at the yearly rent of 17/. 17s.?— Yes, English acres; by a survey it appears to be 17 acres, 2 roods, 34 perches, Irish measure. 11735. Does this lease contain any peculiar clause or covenant?— Yes, it con- tains a clause to entitle the landlord to serve a notice to quit, if he chooses to give six months' notice. 11736. It contains a clause, or proviso, for determining the lease hereby granted, upon the landlord's giving six months' notice to his tenant to give up the possession of the land r— Yes. 11737. Do you know whether any proceedings have been taken founded upon that proviso or covenant against Cunningham respecting this land, or any part of it?— Yes, I have three notices that were served upon Cunningham, and also upon Burns and other freeholders, circumstanced, 1 suppose, in the same way. 11738. From whom did you get that notice?— I got that from Mr. Flood, of Granard, the witness who was here ; I was desired to get it from him by Thomas Cunningham. 11739- Thomas Cunningham, the tenant, referred you to Mr. Flood, from whom you got this notice ?— Yes. 11740. Did Cunningham say this notice had been served upon him?— Yes; and he told me that possession was demanded since, pursuant to that notice. 11 741. This notice purports to be signed by Mr. Anthony Lefroy, the lessor in . this lease ?— Yes. 11742. And it determines the grant made by indentures of lease and release, bearing date the 12th February 1831 ?— Yes. 11743. it requires Cunningham, the tenant, to deliver up possession of the farm on or before 25th March 1838 ?— Yes. 11744. You say you have another notice served upon another person?— Yes. [ The Witness produced the same.] 11745. This notice is also signed by Mr. Anthony Lefroy ?— Yes. r 11746. And served upon Thomas Burn, otherwise Burns, of Drumnacreeher. This notice also puts an end to a lease, bearing date the 12th February 1831, which had been made by Mr. Anthony Lefroy to this Thomas Burn ?— Yes. H747- And requires him to give up possession of the farm which he held under that lease 011 the 25th August 1838 ?— Yes. 11748. Did Burn tell you whether possession had since been demanded of the farm from him ?— He did. 11749. Were