costs 音標拼音: [k'ɑsts] [k'ɔsts] [k'ɔss] [k'ɔs]
耗散值
耗散值
costs 成本
costs n 1 :
pecuniary reimbursement to the winning party for the expenses of litigation COSTS ,
practice .
The expenses of a suit or action which may be recovered by law from the losing party .
2 .
At common law ,
neither the plaintiff nor the defendant could recover costs eonomine ;
but in all actions in which damages were recoverable ,
the plaintiff ,
in effect ,
recovered his costs when he obtained a verdict ,
for the jury always computed them in the damages .
When the defendant obtained a verdict ,
or the plaintiff became non -
suit ,
the former was wholly without remedy for any expenses he had incurred .
It is true ,
the plaintiff was amerced pro falso clamore suo ,
but the amercement was given to the king .
Hull on Costs ,
2 2 Arch .
Pr .
281 .
3 .
This defect was afterwards corrected by the statute of Gloucester ,
6 Ed .
I ,
c .
1 ,
by which it is enacted that "
the demandant in assise of novel disseisin ,
in writs of mort d '
ancestor ,
cosinage ,
aiel and be sail ,
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 own intrusion ,
or his own act ."
About forty -
six years after the passing of this statute ,
costs were for the first time allowed in France ,
by an ordinance of Charles le Bel , (
January ,
1324 .)
See Hardw .
Cas .
356 ;
2 Inst .
283 ,
288 2 Loisel ,
Coutumes ,
328 -
9 .
4 .
The statute of Gloucester 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 .
5 .
Costs are single ,
when the party receives the same amount he has expended ,
to be ascertained by taxation ;
double ,
vide Double costs .
and treble ,
vide Treble costs .
Vide ,
generally ,
Bouv .
Inst .
Index ,
h .
t .;
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 .
321 ;
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 ,
see 1 ,
Chit .
R .
628 ,
note ;
18 E .
C .
L .
R .
185 ;
2 Bay '
s R .
166 ,
399 ;
1 Wash .
R .
138 ;
2 Hen . &
Munf .
361 ,
369 ;
4 John .
R .
190 ;
8 John .
R .
389 ;
2 John .
Ca .
209 .
As to costs in actions qui tam ,
see Esp .
on Pen .
Act .
154 to 165 .
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