An applicant for leave to appeal an order for security for costs must adduce evidence of inability to pay security; bare assertions from the bar table are insufficient, even where the applicant is an undischarged bankrupt. The mere fact of bankruptcy does not establish inability to arrange payment of security. A plaintiff who commences proceedings claiming damages for false imprisonment arising from arrest pursuant to a court-issued warrant does not have a prima facie case, because the person who applied for the warrant is not liable where the court is not the agent of the prosecutor.
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