security for costs

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.