(1.) I entirely agree with the judgment which ray learned brother, Jackson, J., will presently deliver and I have nothing useful to add to it. Jackson, J.
(2.) The 9 respondent takes a preliminary objection that this appeal is out of time. The date of the decree and judgment of the Lower Court is 24 February, 1927. On 1 March, 1927, the plaintiff applied for copy and obtained it after 34 days had been occupied by the copying department. He has since died, and it is not known what he did with that copy.
(3.) He applied again for copy on 20 April, 1927, and since the recess intervened, the time occupied by the department was 82 days. The appeal was filed on 13 August, and if this 82 days be reckoned as the time requisite for obtaining copy, the appeal is within time. But on behalf of 9 respondent it is argued that the appellant himself has demonstrated the time requisite to be only 34 days, and if that figure be taken the appeal is time-barred.