A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prosecuting or defending a suit or a distinct proceeding within a suit. Apperson v. Insurance Co., 38 N. J. Law, 388; Stevens v. Bank, 168 N. Y. 560, 61 N. E. 904;
More... A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prosecuting or defending a suit or a distinct proceeding within a suit. Apperson v. Insurance Co., 38 N. J. Law, 388; Stevens v. Bank, 168 N. Y. 560, 61 N. E. 904; Bennett v. Kroth, 87 Kan. 235, 15 Pac 221, 1 Am. St Rep. 248; Chase v. De Wolf, 09 111. 49; Noyes v. State, 46 Wis. 250, 1 N. W. 1, 32. Am. Rep. 710.
Costs and fees were originally altogether different 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 progress 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 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. Tillman v. Wood, 58 Ala. 579.
In England, the term Is also used to designate the charges which an attorney or solicitor 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 statement 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 oosts. A bond given by a party to an action to secure the eventual payment - of such costs as may be awarded against him.—Costs do inerontento. Increased costs, costs of increase. Costs adjudged by the court in addition to those assessed by the
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. Day v. Woodworth, 18 How. 372, 14 L. 181. 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.-^Josts of the day. Costs which are incurred in preparing for tbe 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 entitled to tax the costs of the appeal. First Nat. Bank v. Fourth Nat. Bank, 84 N. X. 469.— Double oosts. 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. Hudson. 34 N. J. Law, 581. These costs are now abolished in England by St. 6 A 6 Vict c 97. Wharton.—Final costs. Such costs as are to be paid at the end of the suit; costs, the liability for which depends upon the final result of the litigation. Goodyear v. Sawyer (C. CO 17 Fed. 8.—Interlocutory oosts. In practice. Costs accruing upon proceedings in the intermediate stages of a cause, as distinguished from final costs: such as the costs of motions. 3 Chit Gen. Pr. 597; Goodyear v. Sawyer (C. G.) 17 Fed. 6.—Treble costs. A rate of costs given in** certain actions, consisting, according to its technical import of t;he common costs, half of these, and half of the latter. 2 Tidd, Pr. 968. The word "treble," in this application, is not understood in its literal sense of thrice the amount of...
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