Page:Black's Law Dictionary (Second Edition).djvu/287

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COSTS
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jury. Dny v. Woodworth. 13 How. 372. 14 L. Ed. 151. Those extra expenses incurred whir-h do not appear on the fllcc of the proceedings, such as witnesses‘ expenses fees to counsel, at- lendances, court fees. etc. Wharton.—4Gosts of the day. Costs which are inc-urrell in prepar- lll'.’ fur the trial of a cause on a specified dull. col~mu'ng of witnes fees, and other fees of . Prac. ZS1.—Costiu to abide event. W on an order is made by an nppi-|l.\te conrt reversing Ii judgment, with "run to abide the event." the costs intended by the order include those of the appezii, so that. if the appeilce is finally successful, he is unti- (icri to tax the costs of the appcaL First Nat. Dink v. Fourth Nat. Bank. 8-1 N Y. 469.- Danhie costs. 'Ihe ordinary single costs of suit and one half of that amount in addition. 2 fiuhl. Pr. 98". "Double" not used here in in ordinary so so of "twice the amount. Van .\uleii v. D cimr. 2 N. J. Law. 109: (‘.ilhe-rt v. Kennedy ‘ Mich. 1‘). But see Moran \. IInd- son 3-1 J. La", 531. Those costs are now Bi\|)li'-'lEd in England by St. 5 & G Vict. c 97. \\ii:li'tnu.—-I‘l.nn.1 costs. Such costs us are to is paid at the end of the suit; costs, the lin- lrflvily for which depends upon the final result of the litigation. Goodyear v. Sawyer (C. C.) 17 Fed. 8.—-Iiiteriocutory costs. in prartice. (‘owls accruing upon procecrllilgs in the interiuuhate stages of a cause, as distinguished from final costs: such as the costs of motions. 3 (hit Gen. Pr. .’-0'7: Gooilvi-ar v. Sony».-r (C. C.) 17 Fed. 6.—’l‘rebie costs. A rate of costs given in certain actions, consisting. ui-cording lo its technical import, of the rntumun costs, half of these, and half of the lntter. 2 Tidd. Pr. (A9; The word "ti-eblo." in this applnnrinn. is not understood in its literal sense of thrice the ammint of single costs, but signifies nierely the addition together of the three sums fixed as Al-Jlc. Id. 'ri'LiIl9 costs have ht-nu nimiishr-ll in Dqfland, by St. 5 & G Vict c. 97. In Anir-iimn Inn in Pennsylvania nnd New Jeisei the rule is different When an act of assembly gives li-:4-e costs, the party is allowed three times lhn usual costs, with the exicption that the fees of the officers are not to be trnbled when they MW nut nzulariy nr usually payable by the defendant. SilUElll‘ll\'E‘l' v. l\'L-shit. 2 Ilawie ([’a.) U1) Welsh v. Anthony, 10 Pa. ‘.250: Minis v Sparks, 5 N Law, 51L'v.—Secu:i'ity for rnsts. In practice. A security which a de- l_I‘llll:JI.lt in an action may require of a plaintiff Ibo does not reside within the jurisdiction of tin‘ court, for the payment of such costs us rmy be awarded to the defendant. 1 Tidd, Pr. .'..H. in pnrte Louisville & N. 1:. Co., 12.4 Ala. 547, ‘.17 South. 239.


M.

COSTUMBREJ. In Spanish law. Oustom: nn unwritten law established by usage. Illlllllg a long space of time. Las Partidus, pt. 1. Lit. 2. i. 4.

C0—SURETII-IS. Joint snretles; more sui-eties to the same obligation.

two or

COTA. A not or but. Blount.

COTAGIUM. In old English law. A nottaige.

COTARIUS. in old English law. A not-

mger, who held In free soczige, and paid a stated fine or rent in provisions or money, with some occasional personal services.

COT]-JR]-JLLI. Ancientiy, a kind of peas- untry who were outlaws: rnhhers. Blount.

279

COUCHER

CO1‘ER.'El'.LUS. In feudal law. A ser- viie tenant, who held in mere villenage; his person. issue, and goods were d.'lspos.1ble at the lord's pleasure.

COTERIE. A fashionable association, or a knot of persons forming a pnrtirular circle. The origin of the term was purely commer- cial. signifying an association. in which each member furnished his part, and bore his share in the profit rind ioss. W harton.

COTESWOLD. In old records. A place where there is no wood.

COTLAND. In old English law. Lund held by a n-otl'a.;ei-, whether in sol.-age or vil- Ienage. Cowell.

COTSETHLA. In old English law. The little seat or mansion belonging to a small faiin.

COTSETHLAND. The seat of a cottage E

with the land belonging to it. Spelmzin.

COTSETUS. A Lotiagcr or cott:ige-holder who held by senile tenure and was bound

to do the work of the lord. Cowell. F

COTTAGE.}} In English law. A small dwelling-house that has no land belonglng to it. Shop. Touch. 94; Emerton L Selby, 2 In]. H;l_\'il.l. 1015; Scholcs v. Ll£ll'gleil\eS, 5

Telm. 46; Iiulihard v. Hubbard, 15 Ado],

E. (N. S.) 2&0; Gil-son v. Brockwuy. 8 N. U. 470, 31 Am. Dec. 200.

COTTII-JR TI-JNANCY. A species of ten-

ancy in Ireland, colistitnted by an agreement H

in writing, and snliject to the foilou ing terms: That the tenement consist of a dwei.iing-house with not more than half an acre of land; at a rental not exceeding £5 a year; the tenancy to be for not more than a month at a time; the landlord to keep the house I in good repair. Landlord and Tenant Act. Ireland. (23 & % ViLt. c. 154, 5 81.)

COTTON NOTES. Receipts given for each hale of cotton received on storage by a public ‘warehouse. Fourth Nat; Bank V St. Louis Cotton Compress Co., 11 Mo. App 337.

COTUCA. Coat armor.

COTUCHANS. A term used in Domes-K

day for peasants. boors. husbandnien.

COUCHANT. Lying down; squatting. (‘auchimt and levant (lying down and rising up) is a term applied to animals trespassing on the land of one other than their owner, for one night or longer. 3 Bl. Comm. 9.

COUCHER, or COURCHER. A factor who continues abroad for tratfic, (37 Edw.

III. c. 16 :) Iilso the general book wherein any M