504 



COSTELLO 



COSTUS 



reserve ; and while the Roman Catholic is the state 

 church, religious liberty is guaranteed. The annual 

 revenue (1898-99) was 1,682,640, mainly derived 

 from the government monopoly of spirits and 

 tobacco, and just about balanced the expenditure. 

 The foreign debt, 2,100,000, was rearranged in 

 1897 on a basis of 2 and 3 per cent., and an arrange- 

 ment made to pay off part of the large arrears of 

 interest by instalments. There are in all about 

 170 miles of railway and 920 miles of telegraph. ' 



See Peralta, Costa Rica, its Climate, &c. ( Lond. 1873 ) ; 

 Costa Rica, Nicaragua, y Panama, en el Siglo XVI. 

 (Madrid and Paris, 1883); and Costa Rica y Colombia 

 ( Madrid, 1886 ) ; also Calvo, Rep&blica de Costa Rica ( San 

 Jose, 1887 ; English ed., Chicago, 1890). 



Costello, LOUISA STUART, a voluminous Eng- 

 lish authoress, was born in 1799. In Paris, and 

 afterwards in London, she painted miniatures, and 

 enjoyed the patronage or the Burdett family. 

 From 1852 she received a civil list pension of 

 75 until her death, which took place at Boulogne, 

 24th April 1870. Her first production, at least of 

 any note, was Specimens of the Early Poetry of 

 France ( 1835), but it was her bright descriptions of 

 travel in Auvergne, Beam and the Pyrenees, 

 North Wales, Venice, and Tyrol, that made her 

 really popular. Her semi-historical novels on 

 Catharine de' Medici, Mary of Burgundy, and 

 Anne of Brittany were read in their day. 



Coster, the usual name of LAURENS JANSZOON, 

 according to the Dutch the inventor of printing, who 

 was born at Haarlem about the year 1370. He is 

 supposed to have made his great invention between 

 the years 1420 and 1426, to have been sacristan 

 (Koster) at Haarlem, and to have died of the 

 plague about 1440. No question has caused more 

 discussion than that between Coster and Guten- 

 berg ; an account of this controversy is given under 

 PRINTING. It is unpatriotic not to argue for the 

 native hero, whose relics are exhibited and to 

 whom monuments have been raised. Yet the most 

 thoroughgoing assault on the claims of Coster and 

 of Haarlem, as being founded on local legends, was 

 made in 1870 by a Dutchman, Dr A. van der Linde. 

 See, however, Hessels, Haarlem the Birthplace of 

 Printing (4888). 



Costiveness. See CONSTIPATION. 



Costmary (i.e. costusor aromatic plant of the 

 Virgin Mary), or ALE-COST (Balsamita vulgar-Is), 

 is a herbaceous perennial composite of southern 

 Europe. It was introduced from Italy in 1568, and 

 is cultivated in gardens (as in Britain, and in the 

 United States) for the fragrance of the leaves. 

 The leaves were formerly put into ale and negus, and 

 are still occasionally used by the French in salads. 



Costs, the technical name in English law for 

 the expenses incurred in legal proceedings. (In 

 Scotland they are called Expenses, q.v. ). Costs are 

 either (1) between solicitor and client i.e. the 

 charges which a solicitor is entitled to recover from 

 the person employing him as remuneration for pro- 

 fessional services ; or ( 2 ) between party and party 

 i.e. those which are allowed to the party succeed- 

 ing in an action against his adversary. As a general 

 rule, costs follow the event, and the costs of the 

 successful party are paid by the loser ; but the rule 

 is subject to important exceptions. ( 1 ) A party 

 suing or defending in forma pauperis does not pay 

 costs, though he is entitled! to receive them if 

 successful. (2) In actions in which the plaintiff 

 rocovers damages under 10s., he is, in certain cases, 

 not entitled to costs, unless the presiding judge 

 certifies that he ought to have them ; and in all 

 other cases, he is not entitled to them, if the pre- 

 siding judge certifies that he ought not to have 

 them. ( 3 ) A plaintiff who might have brought his 

 action in the county court is not entitled to costs 



if he sues in the higher courts, and recovers not 

 more than 10 in certain actions, or 20 in others,, 

 unless the judge who tries the case certifies that it 

 was proper the action should have been brought in 

 the higher court. ( 4 ) A party who is successful in 

 the main, and therefore entitled to the 'general 

 costs,' may be unsuccessful upon some minor point, 

 and therefore bound to pay the costs which belong 

 properly to it. (5) A party who has tendered the 

 amount recovered, and who pays the sum into 

 court, and pleads the tender, is not bound to pay 

 costs. (6) The payment of money into court in the 

 course of an action relieves the party paying from 

 costs of subsequent proceedings, if no greater 

 amount be ultimately recovered. 



In suits by and against the crown, the same rules 

 concerning costs apply as in the case of private 

 suits. In administrative proceedings, such as- 

 actions for the execution of trusts, or proceedings 

 to ascertain the construction of a will, executors, 

 trustees and others, who have properly or neces- 

 sarily taken part in the proceedings, are allowedi 

 their costs out of the fund or estate involved. 

 When any step in an action is put off at the request, 

 of one of the parties, that party is usually required 

 to pay to the other the costs of the particular step. 

 These are called ' costs of the day. ' By the Judi- 

 cature Act, 1875, it was enacted that the costs of 

 all proceedings in the High Court shall be in the- 

 discretion of the court ; and that where any action 

 is tried by a jury the costs shall follow the event 

 unless for cause shown the judge shall otherwise 

 order. 



Costs are taxed (i.e. the items allowed or dis- 

 allowed) by the officer of the court appointed for 

 the purpose under the name of the taxing-master ; 

 and any party may have, if he choose, his own 

 attorney's or solicitor's bill taxed by the same- 

 officer. 



In criminal cases, the prosecutor's costs may be 

 allowed by the judge, ana in that case are paid out 

 of the county rates, the county being reimbursed 

 by the Treasury ; and on acquittal of a person in- 

 dicted who has not been committed or held to bail, 

 the court may order the prosecutor to pay costs to- 

 the accused if it think tne prosecution unreason- 

 able. 



The English doctrine of allowing costs to the 

 successful party generally prevails in the United 

 States. The right to costs, and the rate of costs, is 

 dependent upon statutes which must be strictly con- 

 strued. The Federal Courts allow costs according 

 to the rates allowed by state law, unless contrary 

 to some act of congress, in which case the latter 

 will prevail as against the state law. By act of 

 congress in 1853 a Fee Bill was established regu- 

 lating the costs in the Federal Courts. This act, 

 by implication, denies costs to the losing party, 

 which in some cases are allowed by the state laws. 

 The rule of one state as to costs cannot be applied 

 to cases involving contracts of that state litigated 

 in another forum. If the cause is removed from 

 the state to the Federal Courts, the parties are 

 entitled to costs according to the state law prior to 

 removal, and after removal under the act of con- 

 gress. 



Costume. See ANTHROPOLOGY (Vol. I. p. 312),. 

 FASHION. 



Costus, or COSTUS ARABICUS, an aromatic 

 much esteemed by the ancients, is the dried root of 

 Aplotaxis auriculata, a composite plant, and is not 

 derived from the plant Costus Arabic us, as was at 

 one time supposed. It is a native of the moist open 

 slopes surrounding the valley of Cashmere. The 

 roots are there burned as incense. They have a 

 strong aromatic pungent odour, and are employed 

 in protecting bales of shawls from moths. It is alse> 



