V320 M I N U T E S OF E V I D E N C E T A K E N BEFORE THE G. Battersby, Esq. 14161. And lie gave you no reason for departing from that rule, except that : it Was the intention of the Legislature to open this wide door r— He gave me ofi June 1838. n0 reason for departing from his own rule. I pressed him at one time to abide bv his own decision, and he said he would not be bound by any decision of his own quoted by me in that way. 14162. And you are quite sure that occurred on the same day r— Yes, it all occurred on the same day. 14163. Mr. O'Connell.) Did he not say he would be bound in each case by the circumstances of that particular case?— I think he did; I am sure he did. 14164. Mr. Serjeant Jackson.) Was there any circumstance in the next case which arose, where that objection was made, which could supply a ground of difference between the rule made in that case, and the rule made in Mr. Burke's case ?—" Whether it arose in that case I do not recollect; but that cases arose in which there were 110 differences I am sure. 14165. Mr. O'Connell Was there not this difference between Mr. Burke's case and Mackin's case, that in Mr. Burke's case, whatever possession he had, there was no instrument until the lease he produced at the registry ?— I do not think there was any written instrument or conveyance to Mr. Burke except the one he produced. 14166. In Mackin's case there was a written instrument of joint tenancy, or tenancy in common ?— To his father and partners there was. 14167. By virtue of which his possession was guarded, and would be pro- tected against any ejectment in the trespass of a stranger ?— Yes, certainly, provided he had the father's interest. 14168. Has he succeeded to the father's possession?— Yes, it is very possible he had an interest; but it is a very common thing, that upon the father's death one brother gets in and excludes the other, who is the rightful owner, and he takes possession and keeps it. 14169. The habits of the Irish peasantry is to provide for each son as he marries ?— It is. 14170. And those sons they marry off they consider as portioned, and the land becomes the property, or is taken possession of by the son who at the father's death is unmarried ?— That is the common practice ; and if the father dies without any of them being married, there is very often a race amongst them to see which shall get possession. 14171. Mr. Serjeant Jackson.) Do you recollect in Mackin's case whether the father was living or dead ?— Dead. 14172. Did you attend the Maryborough summer assizes of 1836, when a number of appeals came on?— I did ; there were 120 appeals in the summer of 1835 or 1836, I am not sure which. 14173. Are you sure whether it was 120 or 160 ?— One hundred and twenty is my recollection ; but I do not mean to say that I may not be mistaken. 14174. They were appeals I think from the decisions of Mr. Schoales, in the King's County ?— They were. 14175- From what point was the appeal taken ?— Value, I believe, in almost every case ; I believe in every case it was 011 the ground of value; if not all it- was very nearly all. 14176. Was a jury empannelled to try these appeals?— Yes, the record jury of the county. 14177. Do you recollect any particular persons who were 011 that jury ?— I have 110 certain recollection of any one except Mr. Dunn. 141 78. Do you recollect a gentleman of the name of Dunn ?— I do. 14179- Mr- John Dunn?— I do not recollect his Christian name; he was a gentleman very well known in that county. 14180. He is very well known in that county ?— He is. 14181. He is a gentleman possessing very strong political opinions, I believe ? — It is said he does. 14182. He takes a lead in politics on the Liberal side ?— It is said he does. 14183. Do you know that he was on that jury ?— I recollect that he was. 14184. Do you know what was the result of all those appeals; were thev all tried ?— They were all tried; I do not know how many. 14185. Can you say whether there were 120 or 160 ?— I cannot trust to my recollection. 14186. But