Charles A. Turner, Kt., C.J. and Brandt, J.
1. The alleged document, if it were in existence and produced, could not be received in evidence except on payment of a penalty, but it cannot be produced, and there is no provision for levying a penalty. Secondary evidence of the contents of the document cannot, therefore, be admitted–Marine Investment Company v. Hariside L.R. 5 H.L. 624.
2. The appeal is dismissed with costs.