Opinion op the Court by

On Motion to Supply Eecord.

A part of the record having been lost since the hearing in the circuit court, it must be supplied: by a proceeding in that court as provided by the statute. It cannot be supplied' by a proceeding in this court but the ease here will be continued and time given for the supplying of the record.

Case continued to January term. Gaboury v. Combs, 28 R., 443, 761.