MAYER v. TYSON. 565

ing the sittings of the next succeeding term.(g) But if the fact of
the nonresidence of the plaintiff does not appear upon the face of
the bill; or if he has after filing his bill left the State, then the
matter must be brought before the court by petition, and a special
order obtained, to be served on the plaintiff's solicitor, or, if he has
none, to be entered short upon the docket, requiring security for
costs to be given, unless cause shewn by a particular day. The
form of the security is a recognisance or bond to the State in a
penalty sufficient to cover the costs, \vith surety resident within
the state, to be approved by the Chancellor.(h)

In this case the bill itself states, that the plaintiffs are nonresi-
dents, and, consequently, the answers and subsequent proceedings
of the defendants have amounted to a waiver of the right on their
part to lay the plaintiffs under a rule to give security for costs.

Whereupon it is ordered, that the petition of the defendants be
and the same is hereby dismissed with costs.

This case was afterwards entered agreed.

(g) DENNIS, &c. ASSIGNEES OF D, A BANKRUPT, v. GREENBURY.—1714.—Or-
dered, that security be given for costs in the sum of five thousand pounds of tobacco ;
bond to be given in six weeks or the bill to be dismissed.— Chan. Proc, lib. P. L.
fol. 75.

FALCONER v. BLAY.—1715.—Bill dismissed with costs for want of security being
given according to the rule of last court.— Chan. Proc. lib. P. L.foL 122.

HANBURY v. VERNON.—1731.—Upon motion of the defendant's counsel, Ordered
that security for costs be given. Edmund Jemngs becomes security for the same.—
Chan. Proc. lib. S. R. No. 2, fol. 225.

CHENEY v. CHENEY.—1773.—Rule security for costs and fees next court.—Chan.
Proc. lib. W. K. No. I, fol. 314.

BRYDEN v. CHASE.—-20th December, 1810.—The plaintiff was a resident of New
York. Rule on the plaintiff to give security for costs before the 5th day of February
term 1811. Rule enlarged to the fourth day of July term 1811.

THE LORD PROPRIETARY v. CARROLL.—1738.—Information, &c.—Upon motion
of the defendant's counsel, Ordered, that security for costs be given by next court;
the person at whose relation the information is filed being a nonresident.—Chan.
Proc. lib. J. R. No. 3, fol. 465.

(A) Upon which there may be as it appears a " scire facias against the security
for costs on the recognisance," 1763, ch. 18, B. 89; or an attachment as at common
law, 2 Harr. Ent. 617.

*