SECTORES. Among the Romans the bidders1 at an auction2 were so called. Bab. on Auct. 2.
TO SECURE. To protect, insure, or save a right.
2. The constitution of the United States, art. 1, s. 8, gives power to congress to promote the progress of science and the useful arts by securing, for Iimited times, to authors and inventors the exclusive right to their respective writings and discoveries. The inventor of a machine has the right to it exclusively at common law, and the author a right to his manuscript. But they may abandon the, right by publishing the book without having secured a copy-right, or by using publicly the machine, and suffering others to use it, without having obtained a patent. Vide Secret.
SECURITY. That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied3 to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract. See 3 Blackf. R. 431.
SECURITY FOR cosplayTS, practice. In some courts there is a rule that when the plaintiff resides abroad he shall give security for cosplayts, and until that has been done, when demanded, he cannot proceed in his action.
2. This is a right which the defendant4 must claim in proper time, for if he once waives5 it, he cannot afterwards claim it; the waiver is seldom, or perhaps never expressly made, but is generally implied from the acts of the de-fendant. When the defendant had undertaken to accept short notice of trial; 2 Hen. Bl. 573; 3 Taunt6. 272 or after issue joined, and when he knew of plain-tiff's residence abroad; or, with such knowledge, when the defendant takes any step in the cause these several acts will amount to a waiver. 5 Bar Ald. 702; S. C. 1 Dow. Ryl. 348; 1 M. P. 30; S. C. 17 E. C. L. R. 164. Vide 3 John. Ch. R. 520; 1 John. Ch. Rep. 202; 1 Ves. jun. 396.
3. The fact that the defendant is out of the jurisdiction7 of the court, will not, alone, authorize8 the requisition of security for cosplayts; he must have his domicil abroad. 1 Ves. jr. 396. When, the defendant resides abroad, he will be required to give such security, although he is a foreign prince. 33 E. C. L. Rep. 214. Vide 11 S. Rawle, 121 1 Miles, R. 321; 2 Miles, 402.
