Present : Ennis J. and Schneider A.J.

MENIKHAMY v. PINHAMY.

322-D. C. Chilaw, 5,725.

Appeal-Security-Mortgage of immovables-Bond signed before Secretary-Ordinance No. 7 of 1840-Civil Procedure Code, s. 4.

The mortgage bond hypothecating immovable property as security for appeal was signed by the principal and surety in the presence of the Secretary of the Court and one witness.

Held, that the security bond was in order, as Ordinance No. 7 of 1840 did not apply to a judicial hypothec.

THE facts appear from the judgment.

Samarawickreme (with him Croos-Dabrera), for ninth defendant, appellant.

Zoysa (with him H. V. Perera and M. W. H. de Silva), for respondent.

September 15, 1921. ENNIS J.-

A preliminary objection has been taken to this appeal on the ground that the security bond is not in order. The bond is a mortgage of immovable property in favour of the Secretary of the Court, and has been signed by the principal and one surety in the presence of the Secretary of the Court and one witness.

It was urged that this bond did not conform with the provisions of Ordinance No. 7 of 1840 or Ordinance No. 17 of 1852. It would seem that this qu