In overruling a motion made by the Home Insurance Company that the U.S. Court for China require Mr, Yao Teh-fu, doing business as the Hwa Tung Electrical & General Engineering Works, to give security in the amount of G$1,500 for all costs and charges which may be adjudged against -him on the final disposition of the case, Judge M. J. Helmick issued a memorandum yesterday in which he stated that the court was fully aware of the defendants dilemma.
However, the court knows of no remedy it can afford, as it knows of no rule in the United States whereby an appellee can be required to give security for appellate costs as a condition to answering an appeal, and even in the United States an appellant prosecuting an appeal against a judgment-proof appellee would have no remedy for the collection of his costs in case of success on the appeal.
The motion was made under Rule J. of the Rules of Procedure for the U.S. Court, Rule JI reads as follows "Where a person not subject to the jurisdiction of the court desires to take in the court an action against an American citizen, the court may require such security for costs as it thinks fit in the same manner as would be required of non-residents according to the law of the District of Columbia." The full text of the memorandum may be found in the next issue of the' "North-China Herald."
Text read from the printed page and cleaned; old type leaves the occasional error.