In any suit or action, except when an indigent is plaintiff, there may be a suggestion on the record in court, or, if the case be at rules, on the rule docket, by a defendant, or any officer of the court, that the plaintiff is not a resident of this Commonwealth and the security is required of him. After sixty days from such suggestion, the suit or action shall, by order of the court, be dismissed, unless, before the dismissal, it is proven that plaintiff is a resident of the Commonwealth or security be given before the court, or its clerk, for the payment of the costs and damages in the court in which the suit or action is instituted which may be awarded to the defendant, and of the fees due, or to become due, in such suit or action to the officers of the court. The security shall be by bond, payable to the Commonwealth, but there need only be one obligor therein, if he be sufficient and a resident of the Commonwealth. The court before whom, or before whose clerk, such bond is given, may, on motion by a defendant or officer, give judgment for so much as he is entitled to by virtue of such bond.
Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872.
Structure Code of Virginia
§ 17.1-600. Laws of costs not penal; discretion of courts of equity
§ 17.1-601. General rule as to recovery of costs on final judgment
§ 17.1-602. When successful plaintiff not to recover costs
§ 17.1-603. Costs when suit is in name of one person for another
§ 17.1-604. Costs in appellate courts
§ 17.1-605. Same; printing or otherwise reproducing brief and appendix
§ 17.1-606. Persons allowed services without fees or costs
§ 17.1-607. Security for costs upon suit by nonresident
§ 17.1-608. How obligor in such bond may obtain indemnity
§ 17.1-609. Costs on certain motions and interlocutory orders
§ 17.1-610. Payment of costs when new trial granted
§ 17.1-611. Allowances to witnesses for Commonwealth
§ 17.1-612. Allowances to other witnesses
§ 17.1-613. By whom and upon what certificate allowances to witnesses paid
§ 17.1-614. List of entries made on behalf of witnesses
§ 17.1-615. Time within which witnesses may be paid out of state treasury
§ 17.1-616. Restriction of costs for witnesses generally; when entry for witness not allowed
§ 17.1-617. Number of witnesses paid fees in criminal cases
§ 17.1-620. When juror not entitled to compensation
§ 17.1-621. Clerk to make entry on minutes stating amount due and by whom payable
§ 17.1-622. Clerk to transmit orders making allowances to Supreme Court, treasurer and jurors
§ 17.1-623. Payment of allowances
§ 17.1-626. Other items to be taxed in costs
§ 17.1-626.1. Recovery of costs in civil actions for bad checks
§ 17.1-627. Premium on indemnifying bond taxed as costs
§ 17.1-629. No judgment for costs against Commonwealth; exception