Costs

A pecuniary allowance made by positive law to the successful party to a suit, or to some distinct proceeding in a suit in consideration of, and to reimburse, his probable expense.

Abbott. See 4 N. M. 356.

At common law, there were no costs by name, but when the plaintiff failed, he was amerced for presenting a false claim, and, when judgment was rendered against defendant, he was fined for resisting the just claim of plaintiff. Costs as allowed by statute in modern practice are the amount allowed the prevailing party in lieu of the common-law fines. The term is to be distinguished from "disbursements," which includes the amounts paid out by the prevailing party for certain purposes incident to the suit, and allowed to him as part of his recovery.

23 Ore. 451.

See "Double Costs.