528 MAYER v. TYSON.—1 BLAND.

in Chancery are given in England; and according to which it has
been the practice in the Province and State of Maryland, and stil]
continues to be, to give costs in all cases, except only in so far as
it has been modified and controlled by the Constitution and the
Acts of Assembly regulating officers' fees. 17 Rich. 2, c. 6; Park.
His. Co. Chan. 35; 2 Mad. Chan. 543; Kitty's Rep. 224; Declara-
tion Rights, Art. 30; 1779, ch. 25; 182C, ch. 247.(b) In the year
1436, to prevent the vexatious institution of suits in Chancery in
England for matters determinable by the common law, it was de-
clared by statute, that no subpoena should be granted until secur-
ity was given to satisfy the party grieved for his damages and ex-
penses if the matter of the bill should not be made good. 15 Hen.
6, c. 4. This legislative enactment required a plaintiff in Chan-
cery in all cases to give security for costs. It is said, however,
that this law has by degrees gone out of use or altogether vanished:
and that an entirely different * course has long prevailed in
563 England. 1 Ham Prac. Chan. 200; 2 Mad. Chan. 543. This
English Statute never was in force in Maryland; but here as in
England security for costs might always have been required of a
non-resident plaintiff. Kilty's Rep. 62.(c)

In general the name, description, and place of abode of the
plaintiff should be set forth in the bill, that the Court and defend-
ants may know where to resort to compel obedience to any order
or process, and particularly for payment of any costs which may
be awarded against the plaintiff, or to punish any improper eon-
duct in the course of the suit. 1 Fow. Exch. Pra. 20.

As to the cases in which a plaintiff may be required to give
security for costs, it may be regarded as settled, that when it

(b) "December, 1670, Ordered, that upon all rehearings and dismissions
the costs paid before rehearing of the business to the defendant, if the
business go for the plaintiff, the defendant to pay back the said costs again
to the plaintiff: and this order to be observed for the future in this Court."

" Ordered also, that the register take fees in this Court as the officers of
this Court in England, having one penny sterling for every pound of tobacco,
and that he compute fifteen lines to be a sheet, and seven or eight words in
each line; and that for every such sheet writing, engrossing, copying, or en-
rolling, he charge but eight pounds tobacco, or eight pence sterling."—Chan.
Proc. lib. C. D. fol. 42.

(c) JANSY v. CLAUSE.—It is alleged by the attorney for the defendant, that
the defendant is ready to put in his answer to the plaintiffs' bill, provided
the plaintiffs who are foreigners, and live out of the jurisdiction of this
Province, or their attorney, or some one else for them, will give security to
pay such costs of suit as this Court shall adjudge in case the said plaintiffs'
bill be dismissed.

14th February, 1670.—Per Curiam.—Whereupon it is ordered that no
further proceedings be had in the said cause till such security be given as
aforesaid. And afterwards no security having been given as required, the
bill was dismissed.—Chan. Proc. lib. C. D. 29, 41.