Rapports Judiciaires Revisés De La Province De Québec ...
Rapports Judiciaires Revisés De La Province De Québec ...
Michel Mathieu , Canada Supreme Court , Great Britain Privy Council. Judicial Committee
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C, and Renshaw, for respondents, insisted DE LA PROVINCE DE QUÉBEC. 197 that appellants havin^ neglected to bring their appeal until three months after the time prescribed by the 32Dd section of the Judicature Act, and not having filed a certificate in accordance wîth the 31st section of the saine Âct, were precluded from their right to présent or prosecute the appeal ; and that the same ought to be dismissed. They cited Gordon vs Lowther, 2 Lord Raymond, 1447, and WiUon vs Arnold (1). WiOHTMAN..., for appellants, objected to the application of respondents, relying on the raerits disclosed in affidavit of Alexander Gordon, and the delay in making the présent application. Baron Parke : The rule limiting the period of appeal in this Court to a year and a day, though usually adhered to, is net imperative. The party complaining of delay should not himself lie by and be guilty of delay ; if he does so, he has no claim to be heard herc. The affidavit of Gordon suffi- ciently accounts for the certificate not having been filed.
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