Security for costs

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SECURITY FOR COSTS, practice. In some courts there is a rule that when the plaintiff resides abroad he shall give security for costs, and until that has been done, when demanded, he cannot proceed in his action.
     2. 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 Hen. Bl. 573; 3 Taunt. 272 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 Bar & Ald. 702; S. C. 1 Dow. & Ryl. 348; 1 M. & P. 30; S. C. 17 E. C. L. R. 164. Vide 3 John. Ch. R. 520; 1 John. Ch. Rep. 202; 1 Ves. jun. 396.
     3. 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 Ves. jr. 396. When, the defendant resides abroad, he will be required to give such security, although he is a foreign prince. 33 E. C. L. Rep. 214. Vide 11 S. & Rawle, 121 1 Miles, R. 321; 2 Miles, 402.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
However, the type of interim relief that a tribunal may grant in arbitration has generated considerable debate for some time now, particularly when it comes to the arbitral tribunal's power, or lack thereof, to order security for costs.
He claimed security for costs should be refused on grounds including that Dana has no strong defence.
In October Mr Justice Peter Smith ruled that the case should start in April and ordered the claimants to surrender security for costs. It was this which Mr Hicks and Mr Gillett were appealing against.
According to a statement from Force India: "The interim costs payments awarded to Mr Gascoyne and 1 Malaysia Racing in today's ruling are more than covered by funds already provided by Sahara Force India as security for costs pending the outcome of the case.
The Court of Appeal had ordered claimant Paul Allen - trustee of the estate of Adrian Jacobs, who died in 1997 - to pay the first stage of a pounds 1.5million security for costs to the court by 4pm last Friday.
Plaintiff appeals a lower court order for security for costs made on September 15, 2008 by the Birmingham Mercantile Court (BMC).
The 64-year-old was in the Dublin High Court yesterday to apply for security for costs in the case.
One option available to a Defendant in the DIFC Courts to lessen the risk of being left to bear significant costs even if it wins a trial is to make a security for costs application against the Claimant pursuant to Part 25 of the Rules of the DIFC Courts (RDC).
Accompanied by her husband Damian, Dana was in court before Mr Justice Robert Eagar for her pre-trial application for orders requiring the plaintiffs provide security for costs should they lose.

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