4o 8 \ 254 M I N U T E S OF E V I D E N C E T A K E N B E F O R E T HE Richard Daly, Esq. the court of registry and he was rejected, a degree of odium would attach to me ' - in consequence of the rejection. 17 July 1838. 1 ^ 233. As heing secretary of the club ?— As being secretary and counsel; for that reason I was particularly careful in the examination of title, and also in sifting the value. 15234. The consequence was, that you prevented a number of persons upon whom notices were served, from appearing ?— I must state that notices were often served in different parts of the county, and great numbers were rejected in con- sequence of defects in the notices, and a great number were rejected for want of value, being persons who did not come under my scrutiny; but even in the registry town, before the court was held, I always felt it to be my duty to ex- amine those claimants who came to the place I set up at. 15235. So as not to produce any person improperly?— So as not to produce any person of a fictitious nature whatever; but every person I considered as possessed of a substantial farm or holding, I always recommended to present himself at the registry court. 15236. Then I am to understand that you, as secretary of the club, made an investigation into each claim before you produced the claimant ?— Those that attended for that purpose, I always investigated their claims; and I must say that many did not attend, and consequently that I had not an opportunity, as a matter of course. 15237. You did not produce those people, as they did not attend?— Yes; many attended at the registry court who, perhaps, were not scrutinised by me out of court; but the general practice and general feeling of the club were as I have represented. 15238. You have said that the practice of Mr. Gibson was, as to six months' possession prior to registration, to allow the man to register, though the lease was not executed till within a few days of the day of registration, provided he had been in possession six months under an equitable agreement, entitling him to such lease ?— Yes, under the promise of a lease. 15239. An agreement?— Yes, an agreement tantamount to a promise of a lease. 15240. Do you happen to know whether any eminent counsel was consulted on that subject?— I happened to know that, at the general registration, Mr. Laffan, an attorney, attended on behalf of the tenantry of Mr. Valentine Bennett and Lord Oxmantown. 15241. Did he take the opinion of counsel?— He took the opinion of Mr. Edward Pennefather, who, I believe, is one of the most eminent counsel at the Irish Bar. 15242. He is the gentleman who was solicitor- general under Lord Hadding ton's administration ?— Yes, his brother is Baron Pennefather ; I must confess I never saw the opinion; but it was stated to me, by Mr. LafFan and Mr. Costello, that Mr. Edward Pennefather was of opinion that provided there was six months' possession, it was sufficient. 15243- Under an equitable agreement ?— No, he laid down the proposition more broadly; that if there was six months' possession, if the lease was executed within the six months, under the 13th section of the Reform Act, as far as I recollect the Act, and also the oath prescribed by the Reform Act, the claimant was entitled to register. 15244. Mr. Lefroy.] That was the statement given to you of Mr. Edward Pennefather's opinion ? - Yes, that was the impression on my mind. 15245. Mr. O* Cornell.] But you did not see the opinion?— No. 15246. Chairman.] Did you see the case upon which the opinion was given ? — No. 15247. Nor the opinion upon it?— No. 15248. Mr. Lefroy Was that your own opinion ?— My own impression was this, that inasmuch as the affidavit prescribed by the Reform Act is altogether silent as to possession, and inasmuch as the 13th section refers the possession not to the lease but to the lands, tenements, and hereditaments, the impression forced upon my mind was this, that if there were six months' possession, although the lease was executed the same day, the claimant ought to be registered. 15249. Is