Chap. 113.—An ACT to amend and re-enact Section 3519 of the Code of Vir-
ginia, in relation to security for costs and damages on the part of non-
resident plaintiffs. [H B 200]

Approved March 12, 1938

1. Beit enacted by the General Assembly of Virginia, That section
thirty-five hundred and nineteen of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 3519. Security for costs and damages; how required; when
suit dismissed if not given; if given, to be by bond; remedy thereon.—
In any suit or action (except where such poor person 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 State, and that 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 dismission,
the plaintiff be proved to be a resident of the State, or security be given
before said court, or the clerk thereof, 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 State.
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 1s entitled to by virtue of said bond.