Security For Costs

Security given by a party to an action to pay any costs which may be adjudged against him therein. Such security is required by statute in various cases, as on appeal, on the bringing of suit by a nonresident, etc.

In some courts there is a rule that when the plaintiff resides abroad he shall give security for costs, and until that has leen done, when demanded, he cannot proceed in his action. This is a right which the defendant must claim in proper time; for if he once waives it he cannot afterwards claim it: the waiver is seldom or perhaps never expressly made, but is generally implied from the acts of the defendant. When the defendant had undertaken to accept short notice of trial; 2 H. Bla. 573; or after issue joined, and when he knew of plaintiff’s residence abroad, or, with such knowledge, when the defendant takes any step in the cause, these several acts will amount to a waiver; 5 B. & Aid. 702; Swift v. Stine, 3 Wash. T. 518, 19 Pac. 63. It is never too late, however, if the motion do not delay the trial; Shaw v. Wallis, 1 Yeates (Pa.) 176. The fact that the defendant is out of the jurisdiction of the court will not alone authorize the requisition of security for costs: he must have his domicil abroad; 1 Yes. 396. A wife petitioning for a writ of habeas corpus to obtain from her husband, who resides in the state, the custody of their child, cannot be required without proofs to give bond as a non-resident, since her domicil is prima facie the same as her husband’s; Curtis v. Curtis, 131 Ind. 489, 30 N. E. 18. When the defendant resides abroad, he will be required to give such security although he is a foreign prince. See Mc Farland v. Brown, 11 S. & R. (Pa.) 121. A general affidavit is sufficient on moving for security for N. Cas. (Pa.) 134; a rule of court requiring non-residents to enter security for costs does not violate article iv. sec. 2 of the federal constitution, which provides that citizens of each state shall be entitled to all the privileges and immunities of the citizens in the several states; Haney v. Marshall, 9 Md. 194; Coleman v. Waters, 13 W. Va. 299. SECUS (Lat.). Otherwise.

See Costs.

Defined under Security in Black's Law Dictionary.