Legal Term Dictionary

In old English law. Kindred; cousinship. Also a writ that lay for the heir where the tresoil, i. e., the father of the besail, 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.

In old English law. Kindred; cousinship. Also a writ that lay for the heir where the tresoil, i. e., the father of the besail, 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. Less...

In old English law. An offense, mentioned in the old books, where anything was done deceitfully, whether belonging to contracts or not which could not be properly termed by any special name. The same as the steUionatus of the civil law. Cowell.

In old English law. An offense, mentioned in the old books, where anything was done deceitfully, whether belonging to contracts or not which could not be properly termed by any special name. The same as the steUionatus of the civil law. Cowell. Less...

In old- English law. A feudal prerogative or custom for lords to He and feast themselves at their tenants' houses. Cowell.

In old- English law. A feudal prerogative or custom for lords to He and feast themselves at their tenants' houses. Cowell. Less...

Clean. Blount.

Clean. Blount. Less...

A term used by Europeans in India to denote a road-measure of about two miles, but differing in different parts. Wharton.

A term used by Europeans in India to denote a road-measure of about two miles, but differing in different parts. Wharton. Less...

The cost of an article purchased for exportation is the price paid, with all in* cidental charges paid at the place of exportation. Goodwin v. U. S., 2 Wash. C. O. 493, Fed. Cas. No. 5,554. Cost price is that actually paid for goods. Buck v. Burk, 18 N. Y. More...

The cost of an article purchased for exportation is the price paid, with all in* cidental charges paid at the place of exportation. Goodwin v. U. S., 2 Wash. C. O. 493, Fed. Cas. No. 5,554. Cost price is that actually paid for goods. Buck v. Burk, 18 N. Y. 337. Less...

A book in which a number of adventurers who have obtained permission 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 respective accounts with More...

A book in which a number of adventurers who have obtained permission 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 respective 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. Llndt Partn. n47. Less...

A Joint promisor.

A Joint promisor. Less...

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 ST . 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... Less...

In Spanish law. Custom ; an unwritten law established by usage, during a long space of time. Las Partidas, pt 1, tit 2, L 4.

In Spanish law. Custom ; an unwritten law established by usage, during a long space of time. Las Partidas, pt 1, tit 2, L 4. Less...