The appellants obtained leave under the Order in Council to appeal to the Privy Council in December 1896, and lodged a sum of 500l. as security for such appeal. Several extensions of time for lodging the transcript were given, and on the 6th September 1897 a peremptory order was obtained directing the transcript to be lodged by the 20th September 1897; the transcript was lodged before the 20th September, and the examination of the transcript proceeded from time to time, and had not yet been completed. No application had been made pursuant to the provisions of the Order in Council for the second or final order for leave to appeal. An application was made by the defendant to have the money lodged as security for the appeal, and other money lodged as security for the cost of the action paid out to him in respect of certain costs to which he was entitled.