COUNTY OF BAGOT ELECTION

Montreal, 15th Feb., 1875.

Present : Jonnson, Mackay, BEaupry, J. J,

Jounson, J.—There has been a motion made by Messrs. Fontaine & Morrison, assuming to act for the petitioners, that they might be substituted as counsel to Messrs. Doutre, Doutre & Hutchinson, and notice has been given of this motion to Messrs. Doutre, Doutre & Hutchinson, and also to Mr. Lacoste, who appears for the respondent. Ifit was intended to substitute the movers as attorneys of record, the motion does not reach the object in visw. ‘ Avocats’ is the word used in the motion, and that does not mean ‘ attorney of recerd.” “ Procureur’ would be the proper word. But even if the motion were right in that respect, the Court is of opinion that no substitution of attorneys of record could take place under the circumstances without a revocation of the powers of the attorney already in the case. This might be implied by a consent of Messrs. Doutre, Doutre & Hutchinson, who are entitled to their costs before they are superseded ; but a mere service of a notice upon them together with their non-appearance to contest it, does not necessarily imply their consent, and it would be dangerous to the rights of attorneys of record to imply constructive consents in such cases, contrary to the meaning of articles 205 and 206 of the Code of Procedure;