Judgment of the Court
J. (oral).-The respondents move to quash the appeal, taking the same objection as was taken before Judge Blanchet, and also contending that the security approved by him is not the security contemplated by the 75th and 76th sections of the "Supreme Court Act," the amount being insufficient to stay execution.
"'H The second objection cannot be entertained, the amount being sufficient to bring the case before this court under section 75, whether execution can be stayed or not is immaterial.
As to the objection based on expiration of time, we are, with the exception of Mr. Justice Idington, of opinion that the learned judge before whom the application was made on the 5th May, although the record does not shew that he expressly made an order to that effect, impliedly extended the time by accepting the security, and we think it is a sufficient compliance with the statute. The Attorney General of Quebec v. Scott (1), and The Halifax Election Cases (2), are in point.
The motion is dismissed with costs fixed at $50. J. (oral).-I am of opinion that if the learned judge intended to extend the time he should have said so distinctly.
He did not do so, consequently, I think we cannot assume that the time was extended as required by the statute.
Motion dismissed with costs.