KFLCC Kingdom Law 2nd Ed.

279

COSTS

COUCHER

jury. Day v. Woodworth, 13 How. 372, 14 L. Ed. 181. Those extra expenses incurred which do not appear on the face of the proceedings, such as witnesses' expenses, fees to counsel, at tendances, court fees, etc. Wharton —Costs of the day. Costs which are incurred in prepar ing for the trial of a cause on a specified day, consisting of witnesses' fees, and other fees of attendance. Archb. N. Prac. 281.—Costs to abide event. When an order is made by an appellate court reversing a judgment, with "costs to abide the event," the costs intended by the order include those of the appeal, so that, if the appellee is finally successful, he is enti tled to tax the costs of the appeal. First Nat. Bank v. Fourth Nat. Bank, 84 N. Y. 469.— Double costs. The ordinary single costs of suit, and one-half of that amount in addition. 2 Tidd, Pr. 987. "Double" is not used here in its ordinary sense of "twice" the amount. Van Aulen v. Decker, 2 N. J. Law, 108; Gilbert v. Kennedy, 22 Mich. 19. But see Moran v. Hud son, 34 N. J. Law, 531. These costs are now abolished in England by St. 5 & 6 Vict. c. 97. Wharton.—Final costs. Such costs as are to be paid at the end of the suit; costs, the lia bility for which depends upon the final result of the litigation. Goodyear v. Sawyer (C. C.) 17 Fed. 8.—Interlocutory costs. In practice. Costs accruing upon proceedings in the inter mediate stages of a cause, as distinguished from final costs; such as the costs of motions. 3 Chit. Gen. Pr. 597; GoodyeaT v. Sawyer (C. G) 17 Fed. 6.—Treble costs. A rate of costs given in certain actions, consisting, according to its technical import, of the common costs, half of these, and half of the latter. 2 Tidd, Pr. 988. The word "treble," in this application, is not understood in its literal sense of thrice the amount of single costs, but signifies merely the addition together of the three sums fixed as above. Id. Treble costs have been abolished in England, by St. 5 & 6 Vict. c. 97. In American law. In Pennsylvania and New Jersey the rule is different. When an act of assembly gives treble costs, the party is allowed three times the usual costs, with the exception that the fees of the officers are not to be trebled when they are not regularly or usually payable by the de fendant. Shoemaker v. Nesbit, 2 Rawle (Pa.) 203; Welsh v. Anthony, 16 Pa. 256; Mairs v. Sparks, 5 N. J. Law, 516.—Security for costs. In practice. A security which a de fendant in an action may require of a plaintiff who does not reside within the jurisdiction of the court, for the payment of such costs as may be awarded to the defendant. 1 Tidd, Pr. 534. Ex parte Louisville & N. R. Co., 124 Ala. 547, 27 South. 239. 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. COSTUMBRE. COTAGIUM. In old English law. A cot tage. COTARIUS. In old English law. A cot tager, who held in free socage, and paid a «tated fine or rent in provisions or money, with some occasional personal services. COTA. A cot or hut Blount

COTEREIXUS. In feudal law. A ser vile 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. COTSETHIiA. 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. In English law. A small dwelling-house that has no land belonging to it. Shep. Touch. 94; Emerton v. Selby, 2 Ld. Raym. 1015; Scholes v. Hargreaves, 5 Term, 46; Hubbard v. Hubbard, 15 Adol. & E. (N. S.) 240; Gibson v. Brockway, 8 N. H. 470, 31 Am. Dec. 200. COTTIER TENANCY. A species of ten ancy in Ireland, constituted by an agreement in writing, and subject to the following terms: That the tenement consist of a dwell ing-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 in good repair. Landlord and Tenant Act Ireland, (23 & 24 Vict c. 154, § 81.) Receipts given for each bale of cotton received on storage by a public warehouse. Fourth Nat Bank v. St. Louis Cotton Compress Co., 11 Mo. App 337. COTTJCA. Coat armor. COTUCHANS. A term used in Domes day for peasants, boors, husbandmen. (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 traffic, (37 Edw. III. c 16;) also the general book wherein any COTTAGE. COTTON NOTES. COUCHANT. Lying down; squatting. Couch ant and levant

COTERELLI. Anciently, a kind of peas, antry who were outlaws: robbers. Blount.