Security for costs. In certain cases a plaintiff, before proceeding with his action, may be required to give security for the costs of it. The principal cases in which security may be required are the following: (1) Where the plaintiff is resident abroad, but if he resides in Scotland or Northern Ireland security will not be required: aliter, in the Irish Free State, Wakely v. Triumph Cycle Co., 40 TLR 15 (CA); (2) where he mis-describes his residence, or is keeping out of the way; (3) where he is only a nominal plaintiff and is insolvent; (4) where he is a privileged person, e.g., an ambassador's servant; (5) where the plaintiff is a limited company ((English) Companies Act, 1929, s. 371). But security cannot be required from a plaintiff on the mre ground of poverty or insolvency; or from a defendant, unless by reason of a counterclaim he is really in the position of a plaintiff; or from a person compelled to litigate. Security for costs may extend as well to past as future costs.
The Rules under the Judicature Acts make no change with reference to the subject of security for costs, and (English) R.S.C. Ord. LXV., rr. 6, 6A and 6B, provides as follows:-
6. In any cause or matter in which security for costs is required the security shall be of such an amount, and be given at such times, and in such manner and form, as the court or a Judge shall direct.
6A. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs, though he may be temporarily resident within the jurisdiction.
6B. In actions brought by persons resident out of the jurisdiction where the plaintiff's claim is founded on a judgment or order or on a bill of exchange or other negotiable instrument, the power to require the plaintiff to give security for costs shall be in the discretion of the Court of Judge.
As to security for the costs of an appeal, see Ord. LVIII., r. 15, Consult Morgan and Wurtzburg on Costs.