KFLCC Kingdom Law 2nd Ed.

278

COSTS

CORTES

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. Goodwin v. U. S., 2 Wash. C. O. 493, Fed. Cas. No. 5,554. Cost price is that ac tually paid for goods. Buck v. Burk, 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 respec tive 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. 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 Apperson v. Insur ance Co., 38 N. J. Law, 388; Stevens v. Bank, 168 N. Y. 560, 61 N. E. 904; Bennett v. Kroth, 37 Kan. 235, 15 Pac. 221, 1 Am. St Rep. 248; Chase v. De Wolf, 69 111. 49; Noyes v. State, 46 Wis. 250, 1 N. W. 1, 32 Am. Rep. 710. Costs and fees were originally altogether dif ferent in their nature. The one is an allowance to a party for expenses incurred in prosecuting or defending a suit; the other, a compensation to an officer for services rendered in the prog ress of a cause. Therefore, while an executor or administrator was not personally liable to his adversary for costs, yet, if at his instance an officer performed services for him, he had a personal demand for his fees. Musser v. Good, 11 Serg. & R. (Pa.) 247. There is in our stat ute 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 judg ment ; while fees are compensation to public officers for services rendered individuals not in the course of litigation. Tillman v. Wood, 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, conducting legal proceedings, etc. —Bill of costs. A certified, itemized state ment of the amount of costs in an action or suit. —Certificate for costs. In English practice, a certificate or memorandum drawn up and signed by the judge before whom a case was tried, setting out certain facts, the existence of which must be thus proved before the party is entitled, under the statutes, to recover costs.— Cost bond, or bond for costs. A bond given by a party to an action to secure the eventual payment - of such costs as may be awarded against him.—Costs de incremento. Increas ed costs, costs of increase. Costs adjudged by the court in addition to those assessed by the CO-STIPULATOR. A joint promisor.

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. CORTIS. A court or yard before a house. Blount. In old records. A yard adjoining a country farm. Gratuitous labor exacted from the villages or commu nities, especially for repairing roads, con structing bridges, etc. State v. Covington, 125 N. C. 641, 34 S. E. 272. COSA JUZGADA. In Spanish law. A cause or matter adjudged, (res judicata.) White, New Recop. b. 3, tit. 8, note. COSAS COMUNES. In Spanish law. A term corresponding to the res communes of the Roman law, and descriptive of such things as are open to the equal and common enjoyment of all persons and not to be reduced to pri vate ownership, such as the air, the sea, and the water of running streams. Hall, Mex. Law, 147; Lux v. Haggin, 69 Cal. 255, 10 Pac. 707. COSDUNA. In feudal law. A custom or tribute. COSEN, COZEN. In old English law. To cheat "A cosening knave." 3 Leon. 171. COSENAGE. In old English law. Kin dred; cousinship. Also a writ that lay for the heir where the tresail, i. e., the father of the oesail, or great-grandfather, was seised of lands in fee at his death, and a stranger entered upon the land and abated. Fitzh. Nat Brev. 221. COSENING. In old English law. An of fense, mentioned in the old books, where any thing was done deceitfully, whether belong ing to contracts or not which could not be properly termed by any special name. The same as the stellionatus of the civil law. Gowell. COSHERING. In old English law. A feudal prerogative or custom for lords to lie and feast themselves at their tenants' houses. Gowell. CORTULARIT7M, or CORTARIUM. CORVEE. In French law.

COSMUS. Clean. Blount.

COSS. A term used by Europeans in In dia to denote a road-measure of about two miles, but differing in different parts. Whar ton.