APPEAL

COURT OF QUEEN'S BENCH, APPEAL SIDE, Quebec, 18th March 1871.

Present : DUVAL, C. J,, CARON, J., BADGLEY, J., DRUMMOND, J., and MoxKk, J.

BURTON and YoUuNG& et al.

Held : Where à record had been remitted by the clerk to the court below, in consequence of the certificate not being lodged within six months ofthe granting of the appeal, that such appeal had been lodged, that the court could not order Ehe prothonotary of the court below to return the record.

An action was instituted against Young and Knight for penalty, which was dismissed. Appeal by plaintiff Burton. Defendants, who had severed in the defence, severed on the appeal, Young died and Knight forced on the case as against him, and judgment was contirmed. No proceedings were taken on the appeal for or against Young or his representatives. Motion by Knight to transit record to the Superior Court, granted.

Judgment : “ Considering that more than six months have elapsed since the appeal to Her Majesty, ete., was allowed, and that no certificate has been filed in this court, as required by law, that such appeal has been lodged, and proceedings had thereon, ete.” (1 R. C., 248.)