Mr. Justice Heffernan having taken no part in the decision upon this appeal, and the other members of the court being equally divided on the question whether the judgment should be affirmed or reversed, Mr. Chief Justice Currie, Mr. Justice Fairchild, and Mr. Justice Hallows being of the opinion that the judgment should be modified or reversed, and Mr. Justice Gordon, Mr. Justice Wilkie, and Mr. Justice Beilfuss being of the opinion that the judgment should be affirmed, the judgment appealed from is affirmed under the rule.

Judgment affirmed.