Blacks Law Dict. 1st ed

COTTIER TENANCY

282

COST

miles, but differing in different parts. Wharton. COST. The cost of an article purchased for exportation is the price paid, with all in cidental charges paid at the place of exporta tion. 2 Wash. C. C. 493. Cost price is that actually paid for goods. 18 N. Y. 337. COST-BOOK. A book in which a num ber of adventurers who have obtained per mission to work a lode, and have agreed to share the enterprise in certain proportions, enter the agreement, and from time to time the receipts and expenditures of the mine, the names of the shareholders, their respect ive accounts with the mine, and transfers of shares. These associations are called "Cost Book Mining Companies," and are governed by the general law of partnership. Lindl. Partn. *147. CO-STIPULATOR. A joint promisor. COSTS. A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prose cuting or defending a suit or a distinct pro ceeding within a suit. Costs and fees were originally altogether differ ent in their nature. The one is an allowance to a party for expenses incurred in prosecuting OP de fending a suit; the other, a compensation to an officer for services rendered in the progress of a cause. Therefore, while an executor or adminis trator was not personally liable to his adversary for costs, yet, if at his instance an officer per formed services for him, he had a personal demand for his fees. 11 Serg. & R. 247. There is in our statute a manifest difference between costs and fees in another respect. Costs are an allowance to a party for the expenses incurred in prosecuting or defending a suit,—an incident to the judgment; while fees are compensation to [public officers for services rendered individuals not in the course of litigation. 58 Ala. 579. In England, the term is also used to desig nate the charges which an attorney or solic itor is entitled to make and recover from his client, as his remuneration for professional services, such as legal advice, attendances, drafting and copying documents, conduct ing legal proceedings, etc. COSTS DE INCREMENTO. In creased costs, costs of increase. Costs ad judged by the court in addition to those as sessed by the jury. 13 How. 372. Those extra expenses incurred which do not appear on the face of the proceedings, such as witnesses' expenses, fees to counsel, attendances, court fees, etc. Wharton. COSTS OF THE DAY. Costs which are incurred in preparing for the trial of a

cause on a specified dap, consisting of wit* nesses' fees, and other fees of attendance. Archb. N. Prac. 281. COSTUMBRE. In Spanish law. Cus tom; an unwritten law established by usage, during a long space of time. Las Partidas, pt. 1, tit. 2, 1. 4. CO-SURETIES. Joint sureties; two or more sureties to the same obligation. COTA. A cot or hut. Blount. COTAGIUM. In old English law. A COTARIUS. In old English law. A cottager, who held in free socage, and paid a stated fine or rent in provisions or money, with some occasional personal services. C O T B R E L L I . Anciently, a kind of peasantry who were outlaws; robbers. Blount. COTERELLUS. Infeudal law. A servile tenant, who held in mere villenage; his person, issue, and goods were disposable at the lord's pleasure. COTERIE. A fashionable association, or a knot of persons forming a particular 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 and loss. Wharton. COTESWOLD. In old records. A place where there is no wood. COTLAND. In old English law. Land held by a cottager, whether in socage or vil lenage. Cowell. COTSETHLA. In old English law. The little seat or mansion belonging to a small farm. COTSETHLAND. The seat of a cottage with the land belonging to it. Spelman. COTSETUS. A cottager or cottage-hold er who held by servile tenure and was bound to do the work of the lord. Cowell. COTTAGE. In English law. A small dwelling-house that has no land belonging to it. Shep. Touch. 94; 1 Strange, 405; 2 Ld. Raym. 1015; 15 Ad. & El. (N. S.) 244. COTTIER TENANCY. A species of tenancy in Ireland, constituted by an agree ment in writing, and subject to the follow ing terms: That the tenement consist of a dwelling-house with not more than half an acre of land; at a rental not exceeding £5 a

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