562 MAYER v. TYSON.

required to put in security for costs.( j) By laws, passed since the
revolution, it is declared, that in all suits brought by persons not
resident of the Slate, or who may remove out of it, after the com-
mencement of the action, the defendant may lay a rule, at or before
the trial court, on the plaintiff to give security for costs; upon the
failure to comply with which he may be nonsuited.(k) It is
evident from these and other legislative enactments, that the rule
security for costs as against nonresident, and in some instances
against resident plaintiffs, was frequently resorted to in our courts
of common law from a very early period.(l)

Soon after the chancellorship had become active and important
as a judicial office in England, it was declared by a statute passed
in the year 1393, that the Chancellor, upon any suggestion being
found untrue, should have the power to award damages according
to his discretion to him who had been so unduly troubled. This
statute is said to be the foundation of the authority by which costs
in chancery are given in England; and according to which it has
been the practice in the Province and State of Maryland, and still
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.(m) In the year 1436, to pre-
vent the vexatious institution of suits in chancery in England for
matters determmable by the common law, it was declared by sta-
tute, that no subpoena should be granted until security was given to
satisfy the party grieved for his damages and expenses if the mat-
ter of the bill should not be made good.(n) This legislative enact-
ment required a plaintiff in chancery 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

(j) 1715, ch. 29; 1729, ch. 20, s. 2.—(k) 1796, ch. 43, s. 12; 1801, ch. 74, s. 9.
(1) 1708, ch. 29, s. 24; 1794, ch. 54, s. 10; 2 Harr. Ent. 51,118, 617.—(m) 17 Rich.
2, c. 6; Park. His. Co. Chan. 35; 2 Mad. Chan. 543; Kilty's Rep. 224; Declaration
Rights, art. 30; 1779, ch. 25; 1826, ch. 247

" 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
m England, having one penny sterling for every pound of tobacco; and that he com-
pute fifteen lines to be a sheet, and seven or eight words in each line; and that for
every such sheet writing, engrossing, copying, or enrolling, he charge but eight
pounds of tobacco, or eight pence sterling,"-Chan.. Proc. lib. C. D. fol. 42.

(n) 15 Hen. 6, c. 4.