A defendant against whom a verdict for over 500l. had been obtained, obtained an order granting him leave to appeal to the Privy Council from the refusal of the Full Court to grant a new trial, and the order further provided that the judgment appealed from should be suspended during the appeal, so far as regarded the damages awarded by the jury, and that the defendant should enter into security for payment of such damages to the plaintiff if the appeal should not be successful, and should give security to the extent of 400l. for the costs of the appeal. The defendant paid the costs of the action, but his tender of security within three months for the damages and for the costs of the appeal was refused by the Prothonotary, because no representative of the deceased plaintiff was before him.