said, bad any accident happened in this case, over which the Defendant reasonably could not have been expected to leave any control, which prevented him from bringing up his appeal, it would be the duty of this Couid to grant the writ of certiorari, as prayed for $ but. that has not been the case; be trusted to anuí her \,> <]<> what he. ought 1o have done himself, and as that trust has been improperly placed, he mu«t abide the consequence. I think the writ prayed for cannot bo granted.

And of this opinion were the other Jui?e33s„ So the writ was refused-