Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Court apd official charges usually included in the judgment in a cause. See 58 Ala. 578.

  • Black's Law Dictionary: 2nd Edition

    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, 37 Kan. 235, 15 Pac. 221, 1 Am. St. Rep. 248; Chase v. De Wolf, 69 III. 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. & It. (Pat) 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 cllent, 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 snit.
    —Certificate for costs. In English practice, a certificate or memorandum drawn up and signed by the judge bsfore whom a case was tried, setting out certain facts, the existence of which must be thus proved bsfore the party is entitled, under the statutes, to recover costs.
    — Cost bond, or bond for costs. A band given by a party to an action to secare the eventual payment of such costs as may be awarded against him.
    —Costs de incremento. Increased costs, costs of increase. Cosis adjudged by the court in addition to those assessed by the 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, attendances, court fees, etc. Wharton
    —Costs of the day. Costs which are incurred in preparing 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 outer include those of the appeal, so that, it the appellee is finally successful, he is entitled 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. Hudson, 34 N. J. Law, 531. These costs are now abolished in England by St. 5 & 6 Viet. 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. C.) 17 Fed. 8.
    —Interlocutory costs. 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. 507; Goodyear v. Sawyer (C. C.) 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 Viet. 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 defendant. 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 defendant 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.