Judgment of the Court
THE (oral).-This appeal must be dismissed.
The judgment appealed from is neither one upon a question raised by preliminary objections, nor is it a judgment pronounced upon the merits at the trial of the election petition.
When the objections were raised in the present case, the time for filing preliminary objections was long gone by, for we can make no distinction between the petition which was originally filed and that which was before the court, reconstructed in substitution of the original petition which had been lost and thus restored under the methods of procedure in the province in similar cases. This was a matter left entirely to the discretion of the Superior
Court and there has been no appeal provided in such a case by the statute.
Secondly, but speaking extra-judicially, even if the case had been heard and adjudicated upon the appeal must nevertheless have been dismissed. The affidavit of Mr. Beaudin, verifying the correctness of the substituted petition, merely states that, with reference to the clause written in at the foot of the thirteenth printed clause of the form of petition used, the words as they were so written into the original petition have been substantially reproduced in the substituted copy, so that, if it were open to us to revise the order of the learned judge authorising the filing of the substituted petition, we should entirely agree with his decision.
The appeal is dismissed with costs.
Appeal dismissed with costs.