353 MINUTES OF E V I D E N C E T A K E N BEFORE T I IE E. M. Kelly, Esq. 14366. For the purpose of showing that the date of the lease is six months I before the person comes to register?— I cannot say for what purpose; I should 29 June 1838. rather say not, in Mr. Gibson's instance, because I shall be able to show, in the course of my examination, that he very frequently admitted applicants whose leases were signed upon the day of the registry, or the day before. 14367. It is a disputed point, whether the lease must be executed six months , prior to the claim or not ?— I am not aware that is disputed, if the law can be taken to be settled by an expressed opinion of the 12 Judges. 14368. Are you not aware that there have been different decisions upon it, and that it is an objection likely to be made against a person claiming to register if his lease has not been executed six months ?— It clearly is an objection. 14369. So that by Mr. Gibson's reading that out before the party opposing, it would show whether that was a case. coming under that head of objection?— Precisely, as far as mentioning the date of the instrument. 14370. He mentioned, also, the amount of the rent, that the party opposing might question the value ?— Certainly. 14371. He also mentioned the quantity of land ?— Yes. 14372. So that he gave general information, upon which the parties opposing could enter into the question of what the instrument contained ?— He gave general information. 14373. Was this rule of Mr. Gibson's, not to allow the party opposing the person claiming to register to inspect the deed under which he claimed, a general rule?— It was a general rule. 14374. It was applied equally to both parties?— It was. 14375. I11 this case of Hugh Carroll's, are you aware whether, when Mr. Battersby was disposed to question the validity of the deed, he could have had from the landlord the counterpart ?— I am not aware of that. 14376. Mr. Serjeant Jackson.] If the lease were concocted for the purpose of getting a man upon the register who ought not to be registered, is it probable that the landlord, who must have been a party to that transaction, would give any facility for the purpose of detecting it ?— I should think not. 14377. Mr. French.] The statement that it was a fraud was a mere general statement of Mr. Battersby's ?— He stated distinctly that he was instructed to impeach the instrument as a fraudulent one. 14378. He did not point out what part of the instrument he considered fraudulent ?— He did not. 14379. Mr. Litton.'] I11 the notice of registration there is nothing which dis- closes whether a man means to register out of a lease, or an assignment, or an agreement ?— Certainly not; it discloses thus far: it always mentions that the applicant seeks to register as a leaseholder, or a freeholder. 14380. But no notice mentions, nor is it shown till the man comes to register, whether it be under an equitable agreement, or under a lease directly to himself, or an assignment ?— Certainly not. 14381. Therefore it is not till the man advances his title, by showing the in- strument, that the opposite party can know what it is ?— That is the case. 14382. Therefore, if a person had wished to inquire from the landlord, it Avould necessarily follow that he would not know what to inquire about?— He never can know who the landlord is except from local information. I# 4383- And even, if he did know, he could not know whether the claimant derived his right by lease from the landlord, or from a third person ?— He could not, certainly. 14383.* It is only at the time of the registration, by the production of the instrument, that that is to be known ?— I should say so. 14384. Do you conceive it possible for any lawyer or judge, by the mere inspection of an instrument, to arrive at its imperfections or frauds, in the same way as a man specially instructed with respect to it?— I should say it would be extremely difficult, in the hurry which constantly attends the investigation of a number of cases at the registry, for the assistant barrister to perceive many causes which have been decided to vitiate the lease of a freeholder or leaseholder to register. For example, the clause, " Provided that the lessor's interest shall so long continue," that has been decided, with reference to leaseholds, to vitiate the right to vote; there are also covenants against alienation, which carry a forfei- ture if there has been alienation, which I apprehend would also vitiate the ri « ; ht to vote. b 14385- Mr.