In deciding this case the court did not overlook tne point which is now raised for the first time, and made the basis of an application for a reargument; but, as the point had not been presented, the court did not deem it necessary to discuss it. We think it is not well taken. Ex parte Rousse, Stew. R. (Lower Canada) 321; 2 Geo. II. c. 21; 14 Geo. III. c. 83; Tyler v. People, 8 Mich. 320; Com. v. Macloon, 101 Mass. 1. The application for a reargument is denied.