Wilson, J.:— ??? case a decree had been made and a reference ordered. In 1875 the case was struck out of the reference lilt under Rule 537 in Mr. Belchamber's book, and the application now made is to restore it. The application is to reconstitute the suit by placing the sons of the deceased plaintiff on the record as plaintiffs, and restore it to the board. The Court of Appeal in this case has decided the effect of this Rule, and held that the case being struck out does not put an end to the suit, but that it is an existing suit, so that it can be reconstituted. It was contended, however, that the Court had no power to grant the second part of the application, namely to restore the case, and the objections is taken on the ground of limitation under article 178 of the third division of the schedule to the Act.
Under that article the period of limitation is three years. The words of the article are general:— “Applications for which no period of limitation is provided elsewhere in this schedules or by the Code of Civil Procedure, section 230.” But, as in all cases where general words are used, the general words must be construed with reference to the words they follow. I do not propose to attempt to say what class of applications fall under this article. But they must certainly be application ejusder generis with those specified; and I do not think the article applies to this case.
I do not think the Legislature intended to include every application to the Court in reference to its own lists, and all the matters of detail incident to the conduct of judicial business, such as applications to transfer a case from one board to another, to transfer a case to the bottom of the board, to change an attorney, and so forth. Even if the case fell within the article. I am not sure I should feel constrained to say that this application should be refused. Perhaps when the Court allows a suit to be reconstituted a new right to have the case replaced on the board accrues, and the limitation runs from that time.
The application is granted in the terms of the petition, that is to say, the suit will be reconstituted as asked for, and will take its place in the reference list.