iMiOTION to reinstate appeal which had been dismissed because no counsel had appeared for appellant when the case was called.
The only ground stated for asking the indulgence the court was that counsel had been present not long before the case was called and had felt satisfied that it would not be reached that day, but that the cases before it had been unexpectedly disposed of.
The court refused to reinstate the appeal.
Motion refused costs* Ritchie for the motion.
Orde contra.
:-Sir WILSON v. THE COUNTY OF ELGIN. APPEAL from a decision of the Court of Appeal for Ontario affirming the decision of Mr. Justice Robertson, who refused to quash a by-law of the corporation. The appellant moved to quash by-law no. 522 of the county of Elgin, passed .1 anuary, 1894, to detach certain townships from the high school districts to which they had been attached up to that time.
The grounds upon which the by-law was attacked were that it was ultra vires of the county council; that the districts :-Sir