Basil Scott, Kt., C.J.
1. We cannot say that as a matter of law there was sufficient cause for extending the time under Section 5, and we do not think there was any objection to the learned Judge entertaining the question after he had provisionally admitted the appeal to the file in the absence of the respondent. We are of opinion that this is a second appeal and not a first appeal, because it is an appeal from a decree of an appellate Court. We dismiss the appeal with costs.