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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.
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 de-fendant. When the defendant had undertaken to accept short notice of trial 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.
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. When, the defendant resides abroad, he will be required to give such security, although he is a foreign prince.