Wadsworth, J.

1. This is an application to excuse the delay in filing and re-presenting a memorandum of cross-objections. The facts are that the memorandum of appeal was presented and admitted at the end of April, 1941. There was a stay application which was heard by the Vacation Court after notice to the respondent in which application the respondent was represented by his advocate. Stay was ordered and special arrangements were made to expedite the preparation of the appeal. Formal notice of the appeal was served, not on the respondents advocate, but upon the clerk of that advocate. The clerk failed to communicate the fact of the service of this notice to the advocate himself. The advocate states on oath that he heard of the notice of the appeal only on the 8th October, 1941, he at once communicated with his client and on the 16th October, 1941, he filed the memorandum of cross-objections with a petition to excuse the delay. There was a delay of one month and twenty-two days in presenting the memorandum from the date on which the appeal notice was served on the advocates clerk and there was a further delay of seventeen days in re-presenting the memorandum after it was returne