SUPPRAMANIAM CHETTY v. GABRIEL FERNANDO.

D. C, Negombo, 2,805.

Surety in legal proceedings-Procedure for forfeiture of bond and recovery of the amount-Rule to show cause.

Where a person has bound himself as a surety for the performance by a party to a legal proceeding of a judgment or order in such proceeding, he may be proceeded against in the same proceeding for forfeiture of his bond and recovery of the amount thereof; but he must, in the first instance, be noticed to show cause why the bond should not be declared forfeited and the amount should not be recovered from him.

THE defendant in this case was arrested on a writ against his person on 19th April, 1903, and committed to jail on 6th May, 1903. He appealed, and was allowed to stand out on bail, having entered into a bond jointly with one Sebastian Fernando. The bond ran as follows: " Know all men by these presents that we Gabriel Fernando and Sebastian Fernando of Otarawadiya are jointly and severally held and firmly bound to the Secretary of the said (i.e., District) Court in the sum of Rs. 1,000, for the payment of which we bind ourselves jointly and severally, our respecti