Page:Black's Law Dictionary (Second Edition).djvu/286

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CORTES

Eng. Law, 30; 1 Reeve, Eng. Law, 21; 4 Bl. Comm. 345.

CORTES. The name of the legislative assemblies, the parliament or congress, of Spain and Portugal.

CORTEX. The bark of a tree: the outer covering of anything.

C OBTIS. Bluunt.

A court or yard before a house.

CORTULARIUM, or CORTABIUM. In old records. A ynid adjoining a country farm.

CORVEE. In French law. Gratuitous labor exacted from the villages or Cl)]1]l.llIl- nitles. especially for repairing roads, cou- strncting bridges, etc. State v. Coviugion, 125 N. C. 6-11. 34 S. E. 272.

COSA JUZGADA. In Spanish lllw. A cause or matter adjudged, (res iudimta.) White. New Recap. 1). 3, tit. 8, note

COSAS COMUNES. In Spanish law. A term ci;vrrespondi.ug to the 168 commimes of the Roniliu law, and descriptive of such things as are open to the equal and common ctljuyment of all peit-ins and not to be reduced to pri- \:ite oune ip, such as the air, the sea, and the water of running strcains. llali, Mex. Law. H7; Lux v. Haggln. (59 Cal. 255, ll) Pac. 707.

C OSDUNA. trihu te.

In feudal law. A custom or

COSEN, GOZEN. To cheat.

ln old English hiw. "A cosennig knave.“ 3 Leon. 171.

COSENAGE.}} In old English law. Kindred; cousiuship. Also a writ that lay for the heir where the tresail, 2. e., the father of the I/Lelflil, or great-gr.iiidl':ithcr, was selsed of lands in fee at his death, and a stranger entered upon the land and abated. Fitzh. Nat. Brev. 221.

COS]-JNING. In old English law. An offense, mentioned in the old hunks, where any thing was done deceitfully, whether belonging to coiltiacts or not, which could not lie properly termed by any special name. The same as the slellionatus of the civil law. Uuivell.

COSHERING. In old English law. A feudal prerogative or (-ustom for lords to lie and least themselves at their tenants‘ houses. Cowell.

COSMUS. Clean. Blount.

COSS. A term used by Europeans in In- ilia to denote a road-measure of about two miles, but differing in d.i.l‘1'ei-cut parts. Wh.irtun.

278

COSTS

COST. The cost of an article purchased for exportation is the prlce paid, with all icnidental charges paid at the piace of exportation. Goodwin v. U. s.. 2 Wash. 0. C. 49. Fed. Cas. No. 5,554. Cost price is that no tually paid for goods. Buck v. Burk, 18 I Y. 337.

COST-BOOK. A book in which I] number of adventurers who have obl.-iiiiod permission to work a lode, and have agreed to share the enterprise in certain proportion enter the agi'eeineLit, and from thiie to time the receipts and expenditures of the aims, the names of the shareholders, their respeo tlve accounts with the mine, and transfers 0! shares. These associations are called "Cost- Book Mining Companies," and are governed by the general law of partnership. Liudl Partn. ‘I47.

C0—STIPUl'.ATOR. A joint proinisor.

COSTS. A pecuiiiary allowance, made la the successful party, (and recoverable from the losing party.) for his expenses in pruo cuting or defending a suit or a distinct pro ceeding within a suit. .-kppersnu v. lnsuri ance Co., 38 N. J. Law, 358; Steiens v. Bank. 168 N. Y. 560, 61 N. E. 90-}; Bennett v. Krnth, 37 Kan. 235, 15 Pac. £21, 1 Am. St. Rep. 2&8; Chase v. De Wolf, 69 llL 40: Noyes v. State, 46 Wis. 250, 1 N, w. i, 3-.- Am. Rep. 710.

Costs and fees were originally uitogetlier dil- ferent in their nature. The one is an nllmlnna to a party for expenses incurred in pl'0:!C‘l:‘ or defending a suit; the other, a cuuipensiiifiul to an 0I]i(.l21' for serxices rendered in the prep ress of a cause. lherefore, while an exaruiar or adizuiiiislrator vlas not personally liable to his adversary for costs, yet, if at his installa- an offiicr pciformcd seivices for liiiu. he he-I | p ~ n.il demand, for h‘ ees. Musser v. Goal. ]_l Sci-g. & ll. (l’a.) . There is in our nin- ute a iii:-inifcst difference between costs and fin in another respect. (‘osls are an allowance tr a party for the expenses il._lcu_rred in pl‘(l..'::llIfl or defending a suit.—:in iucidcnt to the July ninnt; while fees are coiupeusatmu to pub“: ollicers for services rendered iudniduais not 1!. the course of litigation. 'lilhunn v. Wood. o3 Ala. 579.

hi England, the term is also used to desk} mite the charges which an attorney or solic- itor is entitled to make and iecm er from hiclient_ as his remuneration for professloial services, such as legal advice, utteudauri“. drafting and copying documents, conducthg legal proceedings, etc.

—Bill of costs. A certified. itemized state ment of the amount of costs in an action or suit. —Ce:'tifica.te for costs. In l*‘.n::'|ish [Jl'liL'l| v. a certificate or iueinoriiiidum drawn up lid signed by the judge lietore whom a c.is-- an tried. setting out certain facts, the EX.lStEul!E u’ which must be thus proved before the party is entitled. under the st-itntes. to recover costs.- Cost bond, or bond for costs. A bond given by :1 p:ii'I.y' to an action to secure the eventual payiumt .of such costs as may he auiirtled against hiiu.—Costu do incremento. Increa- eil costs. costs of increase. Costs adjudged l>_v

the court in addition to those assessed by the