
    *Lambert v. Key.
    February Term, 1810.
    Nonresidents — Security for Costs — Appellate Court.— A plaintiff not being an inhabitant of this Commonwealth may be ruled to give security for the costs in this Court; but not for costs incurred in the Court of Appeals from which the suit was remanded for further proceedings.
    There had been a decree against the defendant from which he appealed, and the Court of Appeals reversed it, and the case was sent back; and now Mr. Hay moved, as the plaintiff was not an inhabitant of this Commonwealth, that he should be ruled to security not only for the costs of the suit in this Court, but for the costs expended by Key in the Court of Appeals.
    
      
      Nonresidents — Security for Costs — Appellate Court. —In a suit brought by a nonresident the bond executed as security for costs, in the form prescribed by | 21, ch. 188, Code of W. Ya., does not bind the parties to pay the costs in the appellate court, but only in the court below. Bailey v. McCormick, 22; W. Va. 97, 98, citing and following the principal case. See monographic r on “Costs” appended to Jones, v. Tatum, 19 Gratt. 720.
    
   By the Chancellor.

The act of assembly, which authorizes the former part of this, motion, does not authorize the latter, and therefore it cannot be granted.  