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R. 64; Hamel v. Lillie, 3 Times L. B. 649; Hately v. Merchants Despatch Co., 12 A. R. 640; Rombough v. Biich^ 19 P. R. 123; Re Ratata, [1897] P. 132, [1898] A. C. 513; Hood-Barrs v. Heriot, [1896] 1 Q. B. 610, [1897] A. C. 172; City of Toronto v. Toronto Street R. W. Co., 15 P. R. 368; Coffey v. Scane, 16 P. R. 307; Holmested & Langton, pp. 1004-5. Maclennan, J.A., held, referring to Rules 826, 830 (8), that the appellant having succeeded in his appeal, having prosecuted it effectually, and no ...costs having been awarded against him or in favour of plaintiffs, the condition of the security had been literally fulfilled. The appellant had per- formed everything performance of which was intended to be secured by his deposit, and it followed that he was now en- titled to a return of his money. The cases shew that there is a clear distinction between the case of security given in the High Court for the costs of the action, when an appeal is taken by a defendant to the Court of Appeal, and the case of security for the costs of the Court of Appeal on a pro- posed appeal to the Supreme Court or to the Judicial Com- mittee.
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