Present : Bertram C.J. and De Sampayo J.

FERNANDO v. FERNANDO.

37-D. C. Chilaw, 5136.

Security for costs of appeal-May proctor execute bond ?-Bond executed by proctor in his office in favour of Secretary-Is bond valid ?

Where a deed is tendered as security for costs of appeal and that security has been approved, and the security bond is merely executed as an ancillary matter to give effect to the arrangement, the proctor has sufficient authority by virtue of his proxy to execute a hypothecary bond on behalf of his client.

A bond hypothecating immovable property as security for costs of appeal may be executed before the Judge or the Secretary of the Court, and when the bond Was executed by the proctor in his office in favour of the Secretary without complying with the provisions of section 2 of Ordinance No. 7 of 1840, the bond was held to be invalid.

A bond given to the Secretary of the Court cannot be considered as a bond given to the Crown, and does not come within section 20 of Ordinance No. 7 of 1840.

THE facts appear from the judgment.

A. St. V. Jayawardene, K.C. (with him H. W. Perera), for appellants.

E. W. Jayawardene (with