Costs

practice, the expenees of a suit or action which may be recovered by lawfrom the losing party. At common law neither the plaintaff nor the defendant could recover costs eo nomine, but in all actions in which damages were recoverable, the plaintiff in effect recovered his costs wher he obtained a verdict, for the jury always computed them in the damages. When the defendant obtained a verdict, or the plaintiff became noa suit, the former was wholly without remedy for any expenses he had incurred; it is true the plaintiff was amerced pro falso clemore suo, but the amercement was given to the king.

Hull. on Costs, 2; 2 Arch. Pr. 281.

This defect was afterwards corrected by the statate of Gloucester, 6 Ed. 1, c. 1, by which it is enacted that “the demandant in assise of novel disseisin,.in writs of mort d’ancestor, costnage, atel and besail, shall have damages. And the demandant shall have the costs of the writ purchased, together with damages, and this act shall hold place in all cases where the party recovers damages, and every person shall render damages where land is recovered against him upon his owa intrusion or his own act.” This statute has been adopted substantially in all the United States. Though it speaks of the costs of the writ only, it has by construction been extended to the costs of the suit generally. The costs which are recovered under it are such as shall be allowed by the master or prothonotary upon taxation, and not those expenses: which the plaintiff may have incurred for himself or the extraordinary fees he may have paid counsel, or for the loss of his time. 2 Sell. Pr. 429. -Costs are single; tained by taxation; double, vide Double costs; and treble, vide Treble costs. Vide generally, Hullock on Costs; Sayer’s Law of Costs; Tidd’s Pr. c.

40; 2 Sell. Pr. c. 19; Archb. Pr. Index, h. t.; Bac. Ab. h. t.; Com. Dig. h. t.; 6 Vin. Ab. 821; Grah. Pr. c. 23; Chit. Pr. h. t.; 1 Salk. 207; 1 Supp. to Ves. Jr. 109; Amer. Dig. h. t.; Dane’s Ab. h. t.; Harr. Dig. h.t.

As to the liability of executors and administrators for costs, 1 Chit. R. 628, note; 18 E. C. L.R.

185; 2 Bay’s R. 166, 399; J Wash. R. 138; 2 Hen. & Munf. 361, 869; 4 John. R. 190; 8 John. R. 389; 2 John. Ca. 209.

As tocosts inactions quit tam, see Esp. on Pen. Act. 154 to 165.