Singarayer V. Attorney General

1954 Present: Gratiaen J., Sansoni J. and Fernando A.J.

R. SINGARAYER, Appellant, and THE ATTORNEY-GENERAL, Respondent

S. C. 457 of 1951-D. C. Point Pedro, 3,905M

Customs Ordinance (Cap. 185)-Section 146-Security for costs of action-Form in which it may be given-Meaning of word " security ".

Security for costs of action required under section 146 of the Customs Ordinance may be furnished in some other form than cash. In the context, the word security includes " every document or transaction by which the payment of money is assured, or its recovery facilitated ". Security may therefore be given in the form of the personal guarantee of a surety coupled with a mortgage in favour of the Crown of the surety's interest in a specified allotment of land.

APPEAL from a judgment of the District Court, Point Pedro. Owing to a difference of opinion between the two Judges before whom it was first argued, it came up for hearing before a Bench of three Judges, in terms of section 38 of the Courts Ordinance.

E. R. S. R. Coomaraswamy, with E. B. Vannitamby and D. R. Perera, for the plaintiff appellant.

M. Tiruchelvam, Crown Counsel, with V.

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