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but the terms were not complied with. On the 26th August he wanted to vary terms ; that summons was dismissed. Mr. Bees : What was dismissed ? Do you mean that one motion was partly dismissed and not dismissed ? Mr. Bloxam: No, the time was extended to the 2nd September to hear motion to vary certificate. On the 26th August motion was made to strike out a part; the rest remained on to the 22nd September ; the terms were not complied with. Mr. Bees : When was the motion to vary the order ? Mr. Bloxam : On the 2nd September. Mr. Bees: You state that the order was dismissed by Mr. Justice Johnston on the 2nd December —that application was discharged? Mr. Bloxam : Yes ; because the order was not complied with. Mr. Bees : What was done on the 26th August ? Mr. Bloxam : The motion was to vary order by striking out a part. Mr. Bees : What was done with that? Mr. Bloxam : It was discharged. Mr. Bees: Then, only the motion taken out by Ell to vary order was dismissed on the 26th August ? Mr. Bloxam : No. Mr. Bees : W 7 hat summons was taken out by Ell to vary that ? Mr. Bloxam : Mr. Ell took out a summons or served notice of motion to vary order made on the sth of August by striking out the part referring to giving security or paying the money in part. Mr. Bees : He asked to vary the order in that way ? Mr. Bloxam : Yes. Mr. Bees : When was the motion made by Ell to vary order ? Mr. Bloxam : On the 26th of August. Mr. Bees : When was it dismissed ? Mr. Bloxam : On the 26th of August. Mr. Bees : Then, it was heard and dismissed on the 26th of August ? Mr. Bloxam: Yes. Mr. Bees : Is this the order dismissing it [reading order, vide Appendix No. 5] ? Mr. Bloxam: That is not the order. Mr. Bees : Was any other order made ? Mr. Bloxam: No. Mr. Bees : Then, why did you sign it with the seal of the Court ? Mr. Bloxam: According to the judgment the time was extended to the 2nd of September, to hear motion to vary certificate and security for costs. Mr. Bees : On the sth of August application to vary certificate was extended to the 2nd of September for the purpose of hearing Ell's application to vary certificate ? Mr. Bloxam: Yes. Mr. Bees : Ell then filed notice of motion to vary that order of the sth ? Mr. Bloxam : Yes, by striking out a part. Mi. Bees : Was that the only motion that Ell filed to vary the order ? Mr. Bloxam : I cannot tell you that. Ido not know of any other notice of motion filed by Ell to vary order of the sth of August. Mr. Bees : Then the motion made by Ell to vary order was heard on the 26th ? Mr. Bloxam: To vary order by striking out a part. Mr. Bees : Was there any other motion to vary order ? Mr. Bloxam : I do not know whether there was or not. Mr. Bees : You do not know whether any other motion was made by Ell ? Mr. Bloxam: No. Mr. Bees: Now, was the one which you do know of heard and dismissed on the 26th of August ? Mr. Bloxam : A previous one stood over. Mr. Bees : I am not speaking about a previous one. Mr. Bloxam: That is the only one I know of. Mr. Bees : Then, the only motion to vary order was heard and dismissed on the 26th August ? Mr. Bloxam: That was by striking out a part of it. On the other one the terms had not been complied with. Mr. Bees : Was the application of the 2nd September to vary order of the sth August ? Mr. Bloxam: Yes. Mr. Bees : Where is that shown in any of the documents ? Mr. Bloxam: In Judge Johnston's notes [vide Appendix No. 16]. Mr. Bees : To vary certificate the time was extended from the sth August to the 2nd September, on certain terms ; that was the application that came on on the 2nd September. Mr. Bloxam: Yes, it practically was then the order of the 2nd September ; payment into Court had not been made, and it was dismissed. Mr. Bees : But the application to vary order made on the sth August was dismissed on the 26th August? Mr. Bloxam: Yes. Mr. Bees : Was any other order made on the 2nd September than the order refusing or dismissing Ell's motion to vary certificate ? Mr. Bloxam : There was a judgment according to Judge Johnston's note [note read, vide Appendix No. 16].