Line 5 from foot, for "Arnonld" read' Arnould "

19 from top, for "Judirtuace" read "Judicature"

6 from foot, for "perhapes" read "perhaps " Last line in note (m), for

:

ex contractor” read “ ex contractu" Line 10 from top, for "proceedings " read "proceeding'

Last line of head note, for "complains" read complains"

Line 2 of head note, for "but sue" read "but should sue"

12 from top, for "trustee for "read" trustee of

66

...

Note (h), for "1 Sma. G. 415" read "1 Sma. and Giff. 415"

78

...

(e), for "Beng. L. R. A. C. J. 233" read "3 Beng. L. R. 233 "...

227

11 from top, for " adopted mother "read" adoptive mother"

...

237

5 and 6 from top, for "secondtary" read "secondary'

...

263

6 of the text, for "and by Mr. Doyne for the respondent" read
and by Mr. Leith, Q.C. and Mr. Doyne (with whom was
Mr. C. W. Arathoon) for the respondent"

...

281

1 of head note, for "The holder of field" read "The holder of a

Security bond for restitution of property taken under decree-Decree reversed on special appeal—Surety's liability—Act XXIII. of 1861, Sec. 36. A surety, who executes a security bond (in Form No. 82 of the High Court Circulars) under Sec. 36 of Act XXIII. of 1861, is liable for the fulfilment of the decree, not only of the Court of Regular, but also of that of the Court of Special, Appeal.

HIS was a miscellaneous special appeal from the decision

THIS

of R. H. Pinhey, Judge of the District of Puna, reversing the order of the First Class Subordinate Judge at that city.

The facts of the case were briefly these:

Bhágirthibái obtained a decree against Nárayan Dev. The latter preferred an appeal, but before its disposal Bhágirthibái executed the decree,-Gajánan Dikshit and Anandráv Joshi becoming sureties for the restitution ofthe property, the subject matter of the decree, in case of its being reversed in appeal, and passing a bond under Section 36 of Act XXIII. of 1861 (substituted for Section 339 of Act

* High Court Circulars, Appellate Side, P. 247.

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1873 January 14.

545