66 MINUTES OF EVIDENCE TAKEN BEFORE THE Veneris, 30° die Martii, 1838. MEMBERS PRESENT. Mr. Beamish. Mr. Curry. Mr. French. Mr. Hogg. Mr. Lefroy. Mr. M. J. O'Connell Lord G. Somerset. LORD GRANVILLE SOMERSET, IN THE CHAIR. Mr. George Gardiner, called in; and further Examined. G Gardiner 7$ 97- Mr. Lefroy.] IN the 16th section of the Irish Reform Act there is ' a proviso in these words : " Provided always, that no person shall be bound to March 1838. produce the title deeds of any landlord under whom he may hold or derive, or make proof of such title, and that possession and perception of rent shall be deemed prima facie evidence of such landlord's title ;" are you aware that there is such a proviso ?— Yes ; and I have seen the barrister refuse to inves- gate the title of a lessor, in consequence of that proviso. 7898. Have you known instances of a refusal to examine the lessor's title when objections to that title were even derived out of the examination of the claimant himself ?— I have, where the objection was, that the lives of the ori- ginal lease were all expired. 7899. He has refused to listen to that objection as disqualifying the claimant ? — The barrister at first rejected the claimant, and afterwards admitted him at another sessions subsequently. 7900. Upon what principle was it that he admitted him subsequently ?— He admitted him upon the very same title that he formerly produced. 7901. Have the registering barristers in the county of Longford, or any of them, construed that proviso as preventing them from receiving any evidence of the lessor's title ?— Mr. Tighe did so construe it, and quoted that section of the Act as preventing him from entering into the lessor's title. 7902. Although the objection happened upon the examination of the claimant himself ?— Yes. 7903. Can you state any case of that sort ?— I can state a case where we pro- duced evidence to show that the lives were all dead. 7904. What was the case ?— Hugh Corkoran, of a place called Rabbit Park, held under Lady Aldborough. 7905. Did it appear from his examination, or from evidence tendered, that the lives in his lessor's lease were all expired ?— He admitted that he knew of two of them being deceased, and that the third had not been heard of for a long period of time; and he was rejected upon that title at that time. 7906. Who rejected him?— Mr. French. 7907. Was he subsequently admitted ?— He was, by Mr. French himself. 7908. When was he rejected, and when was he admitted?— In January 1836 he was rejected. " A lease made to James Corkoran, his grandfather, for three lives, with a covenant for perpetual renewal. The father went to America, and left his part to his brother, from whom the claimant got it; admits that two of the lives were dead, and could not prove whether the other was alive." 7909. When was he admitted ?— In October 1836. " Hugh Corkoran pro- duced the same lease ; says the lives were Robert Hamilton, John Hamilton, and Louisa Stratford." 7910. Were those the lives in his lease ?— The lives in the original lease. 7911. Did he state whether they were alive or dead?— It does not appear that he did. 7912. Mr. French.] Did the lessee continue in possession from January 1836 till October 1836?— He did. 7913. Was