FOOTNOTES:

[1] Cf. Miss Harrison, _Prolegomena to the Study of Greek Religion_,

chaps. vi., vii., "The Making of a Goddess and of a God."

[2] See Ratzel. _Hist. of Mankind_, ii. 147-148; Breysig, _Die

Entstehung des Gottesgedankens_ (1905), pp. 10-12.

[3] See Chamberlain, _Journ. of American Folklore_, iv. 208-209

(analysis of Perrot's account); Brinton, _Myths of the New World_,

pp. 176-179; Breysig, op. cit., pp. 15-20.

[4] On Michabo see Brinton, op. cit. (1876), pp. 176 ff., _Essays of

an Americanist_ (1890), p. 132. This scholar holds that "Michabo" has

properly nothing to do with "Great Hare," but should be translated

"the Great White One," i.e. the light of the dawn. The Algonkins,

however, thought otherwise, and the myth itself suggests a

theriomorphic earth-maker.

[5] See Schoolcraft, _Myth of Hiawatha_ (1856), pp. 35-39; and cf.

the myth of Manabush, analysed in _Journ. of Amer. Folklore_, iv.

210-213.

[6] The latest explanation of Joskeha is "dear little sprout," and of

Tawiscara, "the ice-one," while Aataentsic becomes "she of the

swarthy body." Hewitt, _Journ. of Amer. Folklore_, x. 68. Brebeuf

(1635) says that Iouskeha gives growth and fair weather (Tylor,

_Prim. Cult._ i. 294).

[7] See Jeremias, _Das Alte Testament im Lichte des Alten Orients_,

p. 121, 1; Winckler, _Die Keilinschriften und das Alte Testament_[3],

p. 333.

[8] Reville, _Religions of Mexico and Peru_, p. 129.

[9] Garcilasso el Inca, _Comment. de los Incas_, lib. ii. c. 2; cf.

Lang, _The Making of Religion_, pp. 262-270.

[10] Reville, p. 187.

[11] Reville, p. 158. Garcilasso (lib. i. c. 18) says that Manco

Capac "taught the subject nations to be men," and also founded the

imperial city of Cuzco ( = navel).

[12] _De las antiquas gentes del Peru_ (ed. 1892), pp. 55, 56.

[13] See especially Waitz-Gerland, _Anthropologie der Naturvolker_,

vi. 229-302; Gill, _Myths and Songs of the South Pacific_; Schirren,

_Wandersagen der Neuseelander_; also an older work (Sir George)

Grey's _Polynesian Mythology_.

[14] See Schirren, op. cit., pp. 64-89.

[15] J. Muir, _Metrical Translations_, pp. 188-189.

[16] J. Muir, _Sanscrit Texts_, iv. 26.

[17] See Tylor, _Early History of Mankind_, p. 340; _Primitive

Culture_, i. 329; Oldenberg, _Religion des Veda_, pp. 85 f.

[18] See Maspero, _Dawn of Civilization_, p. 127; also Brugoch,

_Religion und Mythologie der alten Agypter_.

[19] See illustration in Maspero, p. 157.

[20] See Maspero, pp. 146-147.

[21] Maspero, pp. 160-169.

[22] See ZOROASTER, and cf. _Ency. Bib._, "Creation," S 9:

"Zoroastrianism," SS 20, 21.

[23] West, _Pahlavi Texts_ (S.B.E.), vol. i., introd. p. xxiii. We

need not deny that, late as the Bundahish may be as a whole, the

traditions which it contains are often old.

[24] Fragments of older works are cited by Philo of Byblus (in

Eusebius, _Praep. Evang._ i. 10) and Mochus and Endemus (in

Damascius, _De primis principiis_, c. 125).

[25] See Jastrow, _Religion of Babylonia and Assyria_, p. 428.

[26] See _Bundahish_, xv. 2 (_S.B.E._, v. 53).

COSMOPOLITAN (Gr. [Greek: kosmos], world, and [Greek: polites],

citizen), of or belonging to a "citizen of the world," i.e. one whose

sympathies, interests, whether commercial, political or social, and

culture are not confined to the nation or race to which he may belong,

opposed therefore to "national" or "insular." As an attribute the word

may be applied to a cultured man of the world, who has travelled widely

and is at home in many forms of civilization, to such races as the

Jewish, scattered through the civilized world, yet keeping beneath their

cosmopolitanism the racial type pure, and also to mark a profound line

of cleavage in economic and political thought.

COSNE, a town of central France, capital of an arrondissement in the

department of Nievre, on the right bank of the Loire at its junction

with the Nohain, 37 m. N.N.W. of Nevers by the Paris-Lyon railway. Pop.

(1906) town, 5750; commune, 8437. Two suspension bridges unite it to the

left bank of the Loire. The church of St Aignan is a building of the

12th century, restored in the 16th and 18th centuries; the only portions

in the Romanesque style are the apse and the north-west portal. It

formerly belonged to a Benedictine priory depending on the abbey of La

Charite (Nievre). The manufacture of files, flour-milling and tanning

are carried on in the town which has a subprefecture, a tribunal of

first instance and a communal college. Cosne is mentioned in the

Antonine Itinerary under the name of _Condate_, but it was not till the

middle ages that it rose into importance as a military post. In the 12th

century the bishop of Auxerre and the count of Nevers agreed to a

division of the supremacy over the town and its territory.

COSSA, LUIGI (1831-1896), Italian economist, was born at Milan on the

27th of May 1831. Educated at the universities of Pavia, Vienna and

Leipzig, he was appointed professor of political economy at Pavia in

1858. He died at Pavia on the 10th of May 1896. Cossa was the author of

several works which established for him a high reputation; including

_Scienza delle finanze_ (1875, English translation 1888 under title

_Taxation, its Principles and Methods_); _Guida allo studio dell'

economia politica_ (1876, English translation 1880), an admirable

compendium of the theoretical preliminaries of economics, with a brief

critical history of the science and an excellent bibliography;

_Introduzione allo studio dell' economia politica_, (1876, English

translation by L. Dyer, 1893); and _Saggi di economia politica_, 1878.

COSSA, PIETRO (1830-1880), Italian dramatist, was born at Rome in 1830,

and claimed descent from the family of Pope John XXIII., deposed by the

council of Constance. He manifested an independent spirit from his

youth, and was expelled from a Jesuit school on the double charge of

indocility and patriotism. After fighting for the Roman republic in

1849, he emigrated to South America, but failing to establish himself

returned to Italy, and lived precariously as a literary man until 1870,

when his reputation was established by the unexpected success of his

first acted tragedy, _Nero_. From this time to his death in 1880 Cossa

continued to produce a play a year, usually upon some classical subject.

_Cleopatra_, _Messalina_, _Julian_, enjoyed great popularity, and his

dramas on subjects derived from Italian history, _Rienzi_ and _The

Borgias_, were also successful. _Plautus_, a comedy, was preferred by

the author himself, and is more original. Cossa had neither the

divination which would have enabled him to reconstruct the ancient

world, nor the imagination which would have enabled him to idealize it.

But he was an energetic writer, never tame or languid, and at the same

time able to command the attention of an audience without recourse to

melodramatic artifice; while his sonorous verse, if scarcely able to

support the ordeal of the closet, is sufficiently near to poetry for the

purposes of the stage.

His collected _Teatro poetico_ was published in 1887.

COSSACKS (Russ. _Kazak_; plural, _Kazaki_, from the Turki _quzz[=a]q_,

"adventurer, free-booter"), the name given to considerable portions of

the population of the Russian empire, endowed with certain special

privileges, and bound in return to give military service, all at a

certain age, under special conditions. They constitute ten separate

_voiskos_, settled along the frontiers: Don, Kuban, Terek, Astrakhan,

Ural, Orenburg, Siberian, Semiryechensk, Amur and Usuri. The primary

unit of this organization is the _stanitsa_, or village, which holds its

land as a commune, and may allow persons who are not Cossacks (excepting

Jews) to settle on this land for payment of a certain rent. The assembly

of all householders in villages of less than 30 households, and of 30

elected men in villages having from 30 to 300 households (one from each

10 households in the more populous ones), constitutes the village

assembly, similar to the _mir_, but having wider attributes, which

assesses the taxes, divides the land, takes measures for the opening and

support of schools, village grain-stores, communal cultivation, and so

on, and elects its _ataman_ (elder) and its judges, who settle all

disputes up to L10 (or above that sum with the consent of both sides).

Military service is obligatory for all men, for 20 years, beginning with

the age of 18. The first 3 years are passed in the preliminary division,

the next 12 in active service, and the last 5 years in the reserve.

Every Cossack is bound to procure his own uniform, equipment and horse

(if mounted)--the government supplying only the arms. Those on active

service are divided into three equal parts according to age, and the

first third only is in real service, while the two others stay at home,

but are bound to march out as soon as an order is given. The officers

are supplied in the usual way by the military schools, in which all

Cossack _voiskos_ have their own vacancies, or are non-commissioned

Cossack officers, with officers' grades. In return for this service the

Cossacks have received from the state considerable grants of land for

each _voisko_ separately.

The total Cossack population in 1893 was 2,648,049 (1,331,470 women),

and they owned nearly 146,500,000 acres of land, of which 105,000,000

acres were arable and 9,400,000 under forests. This land was divided

between the _stanitsas_, at the rate of 81 acres per each soul, with

special grants to officers (personal to some of them, _in lieu_ of

pensions), and leaving about one-third of the land as a reserve for the

future. The income which the Cossack _voiskos_ receive from the lands

which they rent to different persons, also from various sources (trade

patents, rents of shops, fisheries, permits of gold-digging, &c.), as

also from the subsidies they receive from the government (about

L712,500 in 1893), is used to cover all the expenses of state and local

administration. They have besides a special reserve capital of about

L2,600,000. The expenditure of the village administration is covered by

village taxes. The general administration is kept separately for each

_voisko_, and differs with the different _voiskos_. The central

administration, at the Ministry of War, is composed of representatives

of each _voisko_, who discuss the proposals of all new laws affecting

the Cossacks. In time of war the ten Cossack _voiskos_ are bound to

supply 890 mounted _sotnias_ or squadrons (of 125 men each), 108

infantry _sotnias_ or companies (same number), and 236 guns,

representing 4267 officers and 177,100 men, with 170,695 horses. In time

of peace they keep 314 squadrons, 54 infantry _sotnias_, and 20

batteries containing 108 guns (2574 officers, 60,532 men, 50,054

horses). Altogether, the Cossacks have 328,705 men ready to take arms in

case of need. As a rule, popular education amongst the Cossacks stands

at a higher level than in the remainder of Russia. They have more

schools and a greater proportion of their children go to school. In

addition to agriculture, which (with the exception of the Usuri

Cossacks) is sufficient to supply their needs and usually to leave a

certain surplus, they carry on extensive cattle and horse breeding, vine

culture in Caucasia, fishing on the Don, the Ural, and the Caspian,

hunting, bee-culture, &c. The extraction of coal, gold and other

minerals which are found on their territories is mostly rented to

strangers, who also own most factories.

A military organization similar to that of the Cossacks has been

introduced into certain districts, which supply a number of mounted

infantry _sotnias_. Their peace-footing is as follows:--Daghestan, 6

regular squadrons and 3 of militia; Kuban Circassians, 1 _sotnia_;

Terek, 8 _sotnias_; Kars, 3 _sotnias_; Batum, 2 infantry and 1 mounted

_sotnia_; Turkomans, 3 _sotnias_; total, 25 squadrons and 2 companies.

For the origin and history of the Cossacks see POLAND: History, and

the biographies of Razin, Chmielnicki and Mazepa. (P. A. K.)

COSSIMBAZAR, or KASIMBAZAR, a decayed town on the river Bhagirathi in

the Murshidabad district of Bengal, India, now included in the Berhampur

municipality. Pop. (1901) 1262. Though the history of the place cannot

be traced back earlier than the 17th century, it was of great importance

long before the foundation of Murshidabad. From the first European

traders set up factories here, and after the ruin of Satgaon by the

silting up of the mouth of the Saraswati it gained a position, as the

great trading centre of Bengal, which was not challenged until after the

foundation of Calcutta. In 1658 the first English agent was established

at Cossimbazar, and in 1667 the chief of the factory there became an

_ex-officio_ member of council. In English documents of this period, and

till the early 19th century, the Bhagirathi was described as the

Cossimbazar river, and the triangular piece of land between the

Bhagirathi, Padma and Jalangi, on which the city stands, as the island

of Cossimbazar. The proximity of the factory to Murshidabad, the

Mahommedan capital, while it was the main source of its wealth and of

its political importance, exposed it to constant danger. Thus in 1757 it

was the first to be taken by Suraj-ud-dowlah, the nawab; ana the

resident with his assistant (Warren Hastings) were taken as prisoners to

Murshidabad.

At the beginning of the 19th century the city still flourished; so late

as 1811 it was described as famous for its silks, hosiery, _koras_ and

beautiful ivory work. But an insidious change in its once healthy

climate had begun to work its decay; the area of cultivated land round

it had shrunk to vanishing point, jungle haunted by wild beasts taking

its place; and in 1813 its ruin was completed by a sudden change in the

course of the Bhagirathi, which formed a new channel 3 m. from the old

town, leaving an evil-smelling swamp around the ancient wharves. Of its

splendid buildings the fine palace of the maharaja of Cossimbazar alone

remains, the rest being in ruins or represented only by great mounds of

earth. The first wife of Warren Hastings was buried at Cossimbazar,

where her tomb with its inscription still remains.

See _Imp. Gaz. of India_ (Oxford, 1908), s.v.

COSTA, GIOVANNI (1826-1903), Italian painter, was born in Rome. He

fought under Garibaldi in 1848, and served as a volunteer in the war of

1859; and his enthusiasm for Italian unity was actively shown again in

1870, when he was the first to mount the breach in the assault of Rome

near the Porta Pia. He had settled meanwhile at Florence, where his

fight for the independence of art from worn-out traditions was no less

strenuous, and he became known as a landscape-painter of remarkable

originality, and of great influence in the return to minute observation

of nature. He had many English friends and followers, notably Matthew

Ridley Corbet (1850-1902), and Lord Carlisle, and was closely associated

with Corot and the Barbizon school. In later years he lived and worked

mainly in Rome, where his studio was an important centre. An exhibition

of his pictures was held in London in 1904, and he is represented in the

Tate Gallery. He died at Rome in 1903.

See also Madame Agresti's _Giovanni Costa_ (1904).

COSTA, LORENZO (1460-1535), Italian painter, was born at Ferrara, but

went in early life to Bologna and ranks with the Bolognese school. In

1438 he painted his famous "Madonna and Child with the Bentivoglio

family," and other frescoes, on the walls of the Bentivoglio chapel in

San Giacomo Maggiore, and he followed this with many other works. He was

a great friend of Francia, who was much influenced by him. In 1509 he

went to Mantua, where his patron was the Marquis Francesco Gonzaga, and

he eventually died there. His "Madonna and Child enthroned" is in the

National Gallery, London, but his chief works are at Bologna. His sons,

Ippolito (1506-1561) and Girolamo, were also painters, and so was

Girolamo's son Lorenzo the younger (1537-1583).

COSTA, SIR MICHAEL ANDREW AGNUS (1808-1884), British musical conductor

and composer, the son of Cavaliere Pasquale Costa, a Spaniard, was born

at Naples on the 14th of February 1808. Here he became at an early age a

scholar at the Royal College of Music. His cantata _L'Immagine_ was

composed when he was fifteen. In 1826 he wrote his first opera _Il

Delitto Punito_; in 1827 another opera _Il sospetto funesto_. To this

period belong also his oratorio _La Passione_, a grand Mass for four

voices, a _Dixit Dominus_, and three symphonies. The opera _Il Carcere

d'Ildegonda_ was composed in 1828 for the Teatro Nuovo, and in 1829

Costa wrote his _Malvina_ for Barbaja, the impresario of San Carlo. In

this latter year he visited Birmingham to conduct Zingarelli's _Cantata

Sacra_, a setting of some verses from Isaiah ch. xii. Instead, however,

of conducting, he sang the tenor part. In 1830 he settled in London,

having a connexion with the King's theatre. His ballet _Kenilworth_ was

written in 1831, the ballet _Une Heure a Naples_ in 1832, and the ballet

_Sir Huon_ (composed for Taglioni) in 1833. In this latter year he wrote

his famous quartet _Ecco quel fiero istante. Malek Adhel_, an opera, was

produced in Paris in 1837. In 1842 he wrote the ballet music of _Alma_

for Cerito, and in 1844 his opera _Don Carlos_ was produced in London.

Costa became a naturalized Englishman and received the honour of

knighthood in 1869. He conducted the opera at Her Majesty's from 1832

till 1846, when he seceded to the Italian Opera at Covent Garden; he was

conductor of the Philharmonic Society from 1846 to 1854, of the Sacred

Harmonic Society from 1848, and of the Birmingham festival from 1849. In

1855 Costa wrote _Eli_, and in 1864 _Naaman_, both for Birmingham.

Meanwhile he had conducted the Bradford (1853) and Handel festivals

(1857-1880), and the Leeds festivals from 1874 to 1880. On the 29th of

April 1884 he died at Brighton. Costa was the great conductor of his

day, but both his musical and his human sympathies were somewhat

limited; his compositions have passed into oblivion, with the exception

of the least admirable of them--his arrangement of the national anthem.

COSTAKI, ANTHOPOULOS (1835-1902), Turkish pasha, was born in 1835. He

became a professor at the Turkish naval college; then entered the legal

branch of the Turkish service, rising to the post of _procureur

imperial_ at the court of cassation. He was governor-general of Crete;

and in 1895 was appointed Ottoman ambassador in London, a post which he

continued to hold until his death at Constantinople in 1902. He bore

throughout his career the reputation of an intelligent and upright

public servant.

COSTANZO, ANGELO DI (c 1507-1591), Italian historian and poet, was born

at Naples about 1507. He lived in a literary circle, and fell in love

with the beautiful Vittoria Colonna. His great work, _Le Istorie del

regno di Napoli dal 1250 fino al 1498_, first appeared at Naples in

1572, and was the fruit of thirty or forty years' labour; but nine more

years were devoted to the task before it was issued in its final form at

Aquila (1581). It is still one of the best histories of Naples, and the

style is distinguished by clearness, simplicity and elegance. The _Rime_

of di Costanzo are remarkable for finical taste, for polish and frequent

beauty of expression, and for strict obedience to the poetical canons of

his time.

See G. Tiraboschi, _Storia della letteratura italiana_, vol. vii.

(Florence, 1812).

COSTA RICA, a republic of Central America, bounded on the N. by

Nicaragua, E. by the Caribbean Sea, S.E. and S. by Panama, S.W., W. and

N.W. by the Pacific Ocean. (For map, see CENTRAL AMERICA.) The territory

thus enclosed has an area of about 18,500 sq. m., and may be roughly

described as an elevated tableland, intersected by lofty mountain

ranges, with their main axis trending from N.W. to S.E. It is fringed,

along the coasts, by low-lying marshes and lagoons, alternating with

tracts of rich soil and wastes of sand.

_Physical Description._--The northern frontier, drawn 2 m. S. of the

southern shores of the river San Juan and of Lake Nicaragua, terminates

at Salinas Bay on the Pacific; its southern frontier skirts the valley

of the Sixola or Tiliri, strikes south-east along the crests of the

Talamanca Mountains as far as 9 deg. N., and then turns sharply south,

ending in Burica Point. The monotonous Atlantic littoral is unbroken by

any large inlet or estuary, and thus contrasts in a striking manner with

the varied outlines of the Pacific coast, which includes the three bold

promontories of Nicoya, Golfo Dulce and Burica, besides the broad sweep

of Coronada Bay and several small harbours. The Gulf of Nicoya, a

shallow landlocked inlet, containing a whole archipelago of

richly-wooded islets, derives its name from Nicoya, an Indian chief who,

with his tribe, was here converted to Christianity in the 16th century.

It is famous for its purple-yielding murex, pearls and mother-of-pearl.

The Golfo Dulce has an average depth of 100 fathoms and contains no

islands. Two volcanic _Cordilleras_ or mountain chains, separated from

one another by the central plateau of San Jose and Cartago, traverse the

interior of Costa Rica, and form a single watershed, often precipitous

on its Pacific slope, but descending more gradually towards the

Atlantic, where there is a broad expanse of plain in the north-east. The

more northerly range, in which volcanic disturbances on a great scale

have been comparatively recent, extends transversely across the country,

from a point a little south of Salinas Bay, to the headland of Carreta,

the southern extremity of the Atlantic seaboard, also known as Monkey

Point. Its direction changes from south-east to east-south-east opposite

to the entrance into the Gulf of Nicoya, where it is cut into two

sections by a depression some 20 m. wide. At first it is rather a

succession of isolated volcanic cones than a continuous ridge, the most

conspicuous peaks being Orosi (5185 ft.), the four-crested Rincon de la

Vieja (4500), Miravalles (4698) and Tenorio (6800). In this region it is

known as the Sierra de Tilaran. Then succeed the Cerros de los Guatusos,

a highland stretching for more than 50 m. without a single volcano. Poas

(8895), the scene of a violent eruption in 1834, begins a fresh series

of igneous peaks, some with flooded craters, some with a constant escape

of smoke and vapour. From Irazu (11,200), the culminating point of the

range, both oceans and the whole of Costa Rica are visible; its altitude

exceeds that of Aneto, the highest point in the Pyrenees, but so gradual

is its acclivity that the summit can easily be reached by a man on

horseback. Turialba (10,910), adjoining Irazu on the east, was in

eruption in 1866. Its name, though probably of Indian origin, is

sometimes written Turrialba, and connected with the Latin _Turris Alba_,

"White Tower." The more southerly of the two Costa Rican ranges, known

as the Cordillera de Talamanca, rises south of the Gulf of Nicoya, and

extends midway between the two oceans towards the south-east. It follows

exactly the curve of the mainland, and is continued into Panama, under

the name of the Cordillera de Chiriqui. Its chief summits are Chirripo

Grande (11,485), the loftiest in the whole country, Buena Vista

(10,820), Ujum (8695), Pico Blanco (9645) and Rovalo (7050), on the

borders of Panama. Throughout the volcanic area earthquakes and

landslides are of frequent occurrence.

The narrowness of the level ground between the mountains and the sea

renders almost impossible the formation of any navigable river. The most

important streams are those of the Atlantic seaboard, notably the San

Juan, which drains Lake Nicaragua. Issuing from the lake within

Nicaraguan territory, the San Juan has a course of 95 m., mostly along

the frontier, to the Colorado Mouth, which is its main outfall, and

belongs wholly to Costa Rica. Its chief right-hand tributaries are the

San Carlos and Sarapiqui. The Reventazon, or Parismina, flows from the

central plateau to the Caribbean Sea; despite the shortness of its

valley, its volume is considerable, owing to the prevalence of moist

trade-winds near its sources. Six small streams and one large river, the

Rio Frio, flow across the northern frontier into Lake Nicaragua. On the

Pacific coast all the rivers are rapid and liable to sudden floods. None

is large, although three bear the prefix _Rio Grande_, "great river."

The Tempisque enters the Pacific at the head of the Gulf of Nicoya, and

tends to silt up that already shallow inlet (5-10 fathoms) with its

alluvial deposits. The Rio Grande de Tarcoles also enters the gulf, and

the Rio Grande de Pirris and Rio Grande de Terrabis or Diquis flow into

Coronada Bay. The Rio Grande de Tarcoles rises close to the Ochomogo

Pass and the sources of the Reventazon, at the base of Irazu; and the

headwaters of these two streams indicate precisely the depression in the

central plateau which severs the northern from the southern mountains.

Costa Rica is not differentiated from the neighbouring lands by any very

marked peculiarities of geological formation, or of plant and animal

life. Its geology, flora and fauna are therefore described under Central

America (q.v.).

_Climate._--Owing to the proximity of two oceans, and the varied

configuration of the surface of Costa Rica, an area of a few square

miles may exhibit the most striking extremes of climate; but, over the

entire country, it is possible to distinguish three climatic

zones--tropical, temperate and cold. These generally succeed one another

as the altitude increases, although the heat is greater at the same

elevation on the Pacific than on the Atlantic coast. It is, however,

less oppressive, as cool breezes prevail and damp is comparatively rare.

The tropical zone comprises the coast and the foothills, and ranges, in

its mean annual temperature, from 72 deg. F. to 82 deg.. In the San Jose

plateau (3000-5000 ft.), which is the most densely populated portion of

the temperate zone, the average is 68 deg., with an average variation

for all seasons of only 5 deg.. Above 7500 ft. frosts are frequent, but

snow rarely falls. The wet season, lasting during the prevalence of the

south-west monsoon, from April to December, is clearly defined on the

Pacific slope. It is curiously interrupted by a fortnight of dry

weather, known as the _Veranillo de San Juan_, in June. Towards the

Atlantic the trade-winds may bring rain in any month. Winter lasts from

December to February. The normal rainfall is about 80 in., but as

cloud-bursts are common, it may rise to 150 in. or even more. Rheumatism

on the Atlantic seaboard, and malaria on both coasts, are the commonest

forms of disease; but, as a whole, Costa Rica is one of the healthiest

of tropical lands.

_Population._--In 1904, according to the official returns, the total

population numbered 331,340; having increased by more than one-fourth in

a decade. Spanish, with various modifications of dialect, and the

introduction of many Indian words, is the principal language; and the

majority of the inhabitants claim descent from the Spanish

colonists--chiefly Galicians--who came hither during the 16th and

subsequent centuries. The percentage of Spanish blood is greater than in

the other Central American republics; but there is also a large

population of half-castes (_ladinos_ or _mestizos_) due to intermarriage

with native Indians. The resident foreigners, who are mostly Spaniards,

Italians, Germans and British subjects, numbered less than 8000 in 1904;

immigration is, however, encouraged by the easy terms on which land can

be purchased from the state. The native Indians, though exterminated in

many districts, and civilized in others, remain in a condition of

complete savagery along parts of the Nicaraguan border, where they are

known as Prazos or Guatusos, in the Talamanca country and elsewhere.

Their numbers may be estimated at 4000. They are a quiet and inoffensive

folk, who dwell in stockaded encampments, and preserve their ancestral

language and customs. For an account of early Indian civilization in

Costa Rica, see CENTRAL AMERICA: Archaeology. The Mosquito Indians come

every summer to fish for turtle off the Atlantic coast. As only 200

negroes were settled in Costa Rica when slavery was abolished in 1824,

and no important increase ever took place through immigration, the black

population is remarkably small, amounting only to some 1200.

_Chief Towns and Communications._--The whites are congregated in or near

the chief towns, which include the capital, San Jose (pop. 1904 about

24,500), the four provincial capitals of Alajuela (4860), Cartago

(4536), Heredia (7151) and Liberia or Guanacaste (2831), with the

seaportsof Puntarenas (3569), on the Pacific, and Limon (3171) on the

Atlantic. These, with the exception of Heredia and Liberia, are

described in separate articles. The transcontinental railway from Limon

to Puntarenas was begun in 1871, and forms the nucleus of a system

intended ultimately to connect all the fertile parts of the country, and

to join the railways of Nicaragua and Panama. It skirts the Atlantic

coast as far as the small port of Matina; thence it passes inland to

Reventazon, and bifurcates to cross the northern mountains; one branch

going north of Irazu, while the other traverses the Ochomogo Pass. At

San Jose these lines reunite, and the railway is continued to Alajuela,

the small Pacific port of Tivives, and Puntarenas. The railways are

owned partly by the state, partly by the Costa Rica railway company,

which, in 1904, arranged to build several branch lines through the

banana districts of the Atlantic littoral. Apart from the main lines of

communication the roads are very rough, often mere tracks; and the

principal means of transport are ox-carts or pack-mules. The postal and

telegraphic services are also somewhat inadequate.

_Agriculture and Industries._--The name "Costa Rica," meaning "rich

coast," is well deserved; for, owing to the combination of ample

sunshine and moisture with a wonderfully fertile soil, almost any kind

of fruit or flower can be successfully cultivated; while the vast tracts

of virgin forest, which remain along the Atlantic slopes, contain an

abundance of cedar, mahogany, rosewood, rubber and ebony, with fustic

and other precious dye-woods. The country is essentially agricultural,

and owes its political stability to the presence of a large class of

peasant proprietors, who number more than two-thirds of the population.

Coffee, first planted in 1838, is grown chiefly on the plateau of San

Jose. The special adaptability of this region to its growth is

attributed to the nature of the soil, which consists of layers of black

or dark-brown volcanic ash, varying in depth from 1 to 6 yds. Bananas

are grown over a large and increasing area; rice, maize, barley,

potatoes and beans are cultivated to some extent in the interior; cocoa,

vanilla, sugar-cane, cotton and indigo are products of the warm

coast-lands, but are hardly raised in sufficient quantities to meet the

local demand. Stock-farming, a relatively undeveloped industry, tends to

become more important, owing to the assistance which the state renders

by the importation of horses, cattle, sheep and swine, from Europe and

the United States, in order to improve the native breeds. In the

south-east farmers are often compelled to retire with their flocks and

herds before the thousands of huge, migratory vampires, which descend

suddenly on the pastures and are able in one night to bleed the

strongest animal to death. The manufactures are insignificant; and

although silver, copper, iron, zinc, lead and marble are said to exist

in considerable quantities, the only ores that have been worked are

gold, silver and copper. At the beginning of the 20th century the silver

and copper mines had been abandoned. The goldfields are exploited with

American capital, and yield a fair return.

_Commerce._--The exports, which comprise coffee, bananas, cocoa,

cabinet-woods and dye-woods, with hides and skins, mother-of-pearl,

tortoiseshell and gold, were officially valued at L1,398,000 in 1904;

and in the same year the imports, including foodstuffs, dry goods and

hardware, were valued at L1,229,000. Over L1,250,000 worth of the

exports consisted of coffee and bananas, and these commodities were of

almost equal value. Nearly 85% of the coffee, or more than 20,000,000

lb., were sent to Great Britain. The development of the banana trade

dates from 1881, when 3500 bunches of fruit were exported to New

Orleans. This total increased very rapidly, and in 1902 a monthly

service of steamers was established from Limon to Bristol and

Manchester. The service to England soon became a weekly one, while there

are at least three weekly sailings to the United States. In 1904 the

number of bunches sent abroad exceeded 6,000,000. So important is this

crop that the rate of wages to labourers in the banana districts is

nearly 3s. daily, as compared with an average of 1s. 8d. in the coffee

plantations. The bulk of the imports comes from the United States (52%

in 1904), Great Britain (19%) and Germany (13%). Almost the whole

foreign trade passes through Limon and Puntarenas. In 1904, exclusive of

banana steamers, there were regular steamship services weekly from Limon

to the United States and Germany, fortnightly to Great Britain, and

monthly to France, Italy and Spain; while at Puntarenas four American

liners called monthly on the voyage between San Francisco and Panama.

_Finance._--The valuable resources of the republic, and its comparative

immunity from revolution, formerly attracted the attention of European

and American investors, who supplied the capital for internal

development. In 1871 the government contracted a loan of L1,000,000 in

London, and in 1872 it borrowed an additional L2,400,000 for railway

construction. The outstanding foreign debt amounted in 1887 to

L2,691,300, while the arrears of interest were no less than L2,119,500.

An arrangement with the creditors was concluded in 1888; but in 1895 the

republic again became bankrupt, and a fresh arrangement was sanctioned

in March 1897, by which the interest on L1,475,000 was reduced to 2-1/2%

and that on L525,000 to 3%. It was provided that amortization, at

L10,000 yearly, should begin in 1917. In 1904 the service of the

external debt, which then amounted to L2,500,000, including L500,000

arrears of interest, was again suspended; the total of the internal debt

was L815,000. About one-half of the national revenue is derived from

customs, the remainder being principally furnished by railways, stamps,

and the salt and tobacco monopolies. In the financial year 1904-1905 the

revenue was L503,000, the expenditure L390,000. Education, internal

development and the service of the internal debt were the chief sources

of expenditure.

_Money and Credit._--There are three important banks, the Anglo-Costa

Rican Bank, with a capital of L120,000, the Bank of Costa Rica

(L200,000), and the Commercial Bank of Costa Rica (L100,000), founded in

1905. On the 25th of April 1900 a law was enacted for the regulation of

the constitution, capital, note emission and metallic reserves of banks.

On the 24th of October 1896 an act was passed for the adoption of a gold

coinage, and the execution of this act was decreed on the 17th of April

1900. The monetary unit is the gold colon weighing .778 gramme, .900

fine, and thus worth about 23d. It is legally equivalent to the silver

peso, which continues in circulation. The gold coins of the United

States, Great Britain, France and Germany are legally current. The

metric system of weights and measures was introduced by law in 1884, but

the old Spanish system is still in use.

_Constitution and Government._--Costa Rica is governed under a

constitution of 1870, which, however, only came into force in 1882, and

has often been modified. The legislative power resides in a House of

Representatives, consisting of about 30 to 40 deputies, or one for every

8000 inhabitants. The deputies are chosen for a term of four years by

local electoral colleges, whose members are returned by the votes of all

self-supporting citizens. One-half of the chamber retires automatically

every two years. The president and three vice-presidents constitute the

executive. They are assisted by a cabinet of four ministers,

representing the departments of the interior, police and public works;

foreign affairs, justice, religion and education; finance and commerce;

war and marine. For purposes of local administration the state is

divided into five provinces, Alajuela, Cartago, Guanacaste, Heredia and

San Jose, and two maritime districts (_comarcas_), Limon and Puntarenas.

All these divisions except Guanacaste--which takes its name from a

variety of mimosa very common in the province--are synonymous with their

chief towns; and each is controlled by a governor or prefect appointed

by the president. Justice is administered by a supreme court, two courts

of appeal, and the court of cassation, which sit in San Jose, and are

supplemented by various inferior tribunals.

_Religion and Education._--The Roman Catholic Church is supported by the

state, and the vast majority of the people accept its doctrines; but

complete religious liberty is guaranteed by the constitution. The

Jesuits, who formerly exercised widespread influence, were expelled in

1884. Of the other religious communities, the most important are the

Protestants, numbering 3000, and the Buddhists, about 250. Primary

education is free and compulsory; the standard of attendance is high and

the instruction fair, but a large proportion of the older inhabitants

were illiterate at the beginning of the 20th century. In the matter of

secondary education considerable neglect has been shown. In 1904 there

were only six secondary schools, including the institute of law and

medicine and the training-school for teachers at San Jose. The state

grants scholarships tenable at European universities to promising

pupils, and there are three important public libraries.

_Defence._--Military service in time of war is compulsory for all

able-bodied citizens aged 18-50. There are a permanent army, of about

600; a militia, comprising an active service branch to which all under

40 belong, with a reserve for those between 40 and 50; and a national

guard, including all males under 18 and over 50 who are capable of

bearing arms. On a war footing these forces would number about 36,000. A

gunboat and a torpedo boat constitute the navy, which, however, requires

the services of an admiral, subordinate to the ministry of marine.

_History._--The origin of the name _Costa Rica_ (Spanish for "Rich

Coast") has been much disputed. It is often stated that the territories

to which the name is now applied were first known as _Nueva Cartago_,

while _Costa Rica_ was used in a wider sense to designate the whole

south-western coast of the Caribbean Sea, from the supposed mineral

wealth of this region. Then, in 1540, the name was restricted to an area

approximately equal to that of modern Costa Rica. In such a case it must

have been bestowed ironically, for the country proved very unprofitable

to the gold-seekers, who were its earliest European settlers. Col.

Church, in the paper cited below, derives it from _Costa de Oreja_,

"Earring Coast," in allusion to the earrings worn by the Indians and

remarked by their conquerors. He quotes evidence to show that this name

was known to 16th-century cartographers.

With the rest of Central America, Costa Rica remained a province of the

Spanish captaincy-general of Guatemala until 1821. Its conquest was

completed by 1530, and ten years later it was made a separate province,

the limits of which were fixed, by order of Philip II., between 1560 and

1573. This task was principally executed by Juan Vazquez de Coronado (or

Vasquez de Coronada), an able and humane governor appointed in 1562,

whose civilizing work was undone by the almost uninterrupted

maladministration of his fifty-eight successors. The Indians were

enslaved, and their welfare was wholly subordinated to the quest for

gold. From 1666 onwards both coasts were ravaged by pirates, who

completed the ruin of the country. Diego de la Haya y Fernandez,

governor in 1718, reported to the crown that no province of Spanish

America was in so wretched a condition. Cocoa-beans were the current

coinage. Tomas de Acosta, governor from 1797 to 1809, confirmed this

report, and stated that the Indians were clothed in bark, and compelled

in many cases to borrow even this primitive attire when the law required

their attendance at church.

On the 15th of September 1821 Costa Rica, with the other Central

American provinces, revolted and joined the Mexican empire under the

dynasty of Iturbide; but this subjection never became popular, and, on

the establishment of a Mexican republic in 1823, hostilities broke out

between the Conservatives, who desired to maintain the union, and the

Liberals, who wished to set up an independent republic. The opposing

factions met near the Ochomogo Pass; the republicans were victorious,

and the seat of government was transferred from Cartago, the old

capital, to San Jose, the Liberal headquarters. From 1824 to 1839 Costa

Rica joined the newly formed Republic of the United States of Central

America; but the authority of the central government proved little more

than nominal, and the Costa Ricans busied themselves with trade and

abstained from politics. The exact political status of the country was

not, however, definitely assured until 1848, when an independent

republic was again proclaimed. In 1856-60 the state was involved in war

with the adventurer William Walker (see CENTRAL AMERICA); but its

subsequent history has been one of immunity from political disturbances,

other than boundary disputes, and occasional threats of revolution, due

chiefly to unsatisfactory economic conditions. The attempt of J. R.

Barrios, president of Guatemala, to restore federal unity to Central

America failed in 1885, and had little influence on Costa Rican affairs.

In 1897 the state joined the Greater Republic of Central America,

established in 1895 by Honduras, Nicaragua and Salvador, but dissolved

in 1898. The boundary question between Costa Rica and Nicaragua was

referred to the arbitration of the president of the United States, who

gave his award in 1888, confirming a treaty of 1858; further

difficulties arising from the work of demarcation were settled by treaty

in 1896. The boundary between Costa Rica and Panama (then a province of

Colombia) was fixed by the arbitration of the French president, who gave

his award on the 15th of September 1900. The frontiers delimited in

accordance with these awards have already been described.

BIBLIOGRAPHY.--In addition to the works on Central America cited under

that heading, the following give much general information: G.

Niederlein, _The Republic of Costa Rica_ (Philadelphia, 1898); R.

Villafranca, _Costa Rica_ (New York, 1895); L. Z. Baron, _Compendio

geographico y estadistico de la Republica de Costa Rica_ (San Jose,

1894); H. Pittier, _Apuntaciones sobre el clima y geographia de la

Republica de Costa Rica_ (San Jose, 1890); P. Biolley, _Costa Rica and

her Future_ (Washington, 1889); M. M. de Peralta, _Costa Rica_

(London, 1873). For an account of immigration, commerce and other

mainly statistical matters, see J. Schroeder, _Costa Rica State

Immigration_ (San Jose, 1894); _Bulletins_ of the Bureau of American

Republics (Washington); British _Diplomatic and Consular Reports_

(London); U.S.A. _Consular Reports_ (Washington); _Reports of the

Ministries_ (San Jose). For the history of Costa Rica, see L. Z.

Baron, _Compendio de la historia de Costa Rica_ (San Jose, 1894); F.

M. Barrantes, _Elementos de historia de Costa Rica_ (San Jose, 1892);

J. B. Calvo, _The Republic of Costa Rica_ (Chicago, 1890), gives a

partisan account of local politics, trade and finance, authorized by

the government. Frontier questions are discussed fully in Col. G. E.

Church's "Costa Rica," a very valuable paper in vol. x. of the

_Journal of the Royal Geographical Society_ (London, 1897); and, by Dr

E. Seler, in "Der Grenzstreit zwischen den Republiken Costa Rica und

Colombia," in _Petermann's Mittheilungen_, vol. xlvi. (1900). For a

detailed bibliography see D. J. Maluquer, _Republica de Costa Rica_

(Madrid, 1890). The best maps are that of the Bureau of American

Republics (1903), and, for physical features, that of Col. Church,

published by the R.G.S. (London, 1897).

COSTELLO, DUDLEY (1803-1865), English journalist and novelist, son of

Colonel J. F. Costello, was born in Ireland in 1803. He was educated for

the army at Sandhurst, and served for a short time in India, Canada and

the West Indies. His literary and artistic tastes led him to quit the

army in 1828, and he then passed some years in Paris. He was introduced

to Baron Cuvier, who employed him as draughtsman in the preparation of

his _Regne animal_. He next occupied himself in copying illuminated

manuscripts in the Bibliotheque Royale; and to him and his sister

belongs the merit of being the first to draw general attention to this

beautiful forgotten art, and of thus leading to its revival. About 1838

Costello became foreign correspondent to the _Morning Herald_; in 1846

he became foreign correspondent of the _Daily News_; and during the last

twenty years of his life he held the post of sub-editor of the

_Examiner_. He wrote _A Tour through the Valley of the Meuse_ (1845) and

_Piedmont and Italy, from the Alps to the Tiber_ (1859-1861). Among his

novels are _Stories from a Screen_ (1855), _The Millionaire_ (1858),

_Faint Heart never won Fair Lady_ (1859) and _Holidays with Hobgoblins_

(1860). He died on the 30th of September 1865.

His elder sister, LOUISA STUART COSTELLO (1799-1870), author and

miniature painter, was born in Ireland in 1799. Her father died while

she was young, and Louisa, who removed to Paris with her mother in 1814,

helped to support her mother and brother by her skill as an artist. At

the age of sixteen she published a volume of verse entitled _The Maid of

the Cyprus Isle, and other poems_. This was followed in 1825 by _Songs

of a Stranger_, dedicated to W. L. Bowles. Ten years later appeared her

_Specimens of the Early Poetry of France_, illustrated by beautifully

executed illuminations, the work of her brother and herself. It was

dedicated to Moore, and procured her his friendship as well as that of

Sir Walter Scott. Her principal works are--_A Summer among the Bocages

and Vines_ (1840); _The Queen's Poisoner_ (or _The Queen-Mother_), a

historical romance (1841); _Bearn and the Pyrenees_ (1844); _Memoirs of

Eminent Englishwomen_ (1844); _The Rose Garden of Persia_ (1845), a

series of translations from Persian poets, with illuminations by herself

and her brother; _The Falls, Lakes and Mountains of North Wales_ (1845);

_Clara Fane_ (1848), a novel; _Memoirs of Mary of Burgundy_ (1853); and

_Memoirs of Anne of Brittany_ (1855). She died at Boulogne on the 24th

of April 1870.

COSTER-MONGER (originally COSTARD-MONGER, a seller of costards, a

species of large ribbed apple). The word "monger" is common, in various

forms, in Teutonic languages in the sense of trader or dealer, and

appears in "iron-monger" and "fish-monger," and with a derogatory

significance of petty or under-hand dealing in such words as

"scandal-monger." A "coster-monger," or "coster," originally, therefore,

one who sold apples and fruit in the street, is now an itinerant dealer

in fruit, vegetables or fish, but more particularly, as distinguished

from a "hawker" on the one hand, and "general dealer" on the other, is a

street trader in the above commodities who uses a barrow. The

coster-monger's trade in London, so far as it falls under clause 6 of

the Metropolitan Streets Act 1867, which deals with obstruction by goods

to footways and streets is subject to regulations of the commissioner of

police. So long as these are carried out, coster-mongers, street hawkers

and itinerant traders are exempted, by an amending act, from the

liabilities imposed by clause 6 of the above act.

COSTS, a term used in English law to denote the expenses incurred (1) in

employing a lawyer in his professional capacity for purposes other than

litigation; (2) in instituting and carrying on litigation whether with

or without the aid of a lawyer.

_Solicitor and Client._--The retainer of a solicitor implies a contract

to pay to him his proper charges and disbursements with respect to the

work done by him as a solicitor. In cases of conveyancing his

remuneration is now for the most part regulated by scales _ad valorem_

on the value of the property dealt with (Solicitors' Remuneration Order

1882), and clients are free to make written agreements for the conduct

of any class of non-litigious business, fixing the costs by a percentage

on the value of the amount involved. So far as litigious business is

concerned, the arrangement known as "no cure no pay" is objected to by

the courts and the profession as leading to speculative actions, and

stipulations as to a share of the proceeds of a successful action are

champertous and illegal. An English solicitor's bill drawn in the old

form is a voluminous itemized narrative of every act done by him in the

cause or matter with a charge set against each entry and often against

each letter written. Before the solicitor can recover from his client

the amount of his charges, he must deliver a signed bill of costs and

wait a month before suing.

The High Court has a threefold jurisdiction to deal with solicitors'

costs:--(1) by virtue of its jurisdiction over them as its officers;

(2) statutory, under the Solicitors Act 1843 and other legislation; (3)

ordinary, to ascertain the reasonableness of charges made the subject of

a claim.

The client can, as a matter of course, get an order for taxation within

a month of the delivery of the solicitor's bill, and either client or

solicitor can get such an order as of course within twelve months of

delivery. After expiry of that time the court may order taxation if the

special circumstances call for it, and even so late as twelve months

after actual payment.

Costs as between solicitor and client are taxed in the same office as

litigious costs, and objections to the decisions of the taxing officer,

if properly made, can be taken for review to a judge of the High Court

and to the Court of Appeal.

_Litigious Costs._--The expenses of litigation fall in the first

instance on the person who undertakes the proceedings or retains and

employs the lawyer. It is in accordance with the ordinary ideas of

justice that the expenses of the successful party to litigation should

be defrayed by the unsuccessful party, a notion expressed in the phrase

that "costs follow the event." But there are many special circumstances

which interfere to modify the application of this rule. The action,

though successful, may be in its nature frivolous or vexatious, or it

may have been brought in a higher court where a lower court would have

been competent to deal with it. On the other hand the defendant,

although he has escaped a judgment against him, may by his conduct have

rendered the action necessary or otherwise justifiable. In such cases

the rule that costs should follow the event would be felt to work an

injustice, and exceptions to its operation have therefore been devised.

In the law of England the provisions as to litigious costs, though now

simpler than of old, are still elaborate and complicated, and the costs

themselves are on a higher scale than is known in most other countries.

Except as regards appeals to the House of Lords and suits in equity, the

right to recover costs from the opposite party in litigation has always

depended on statute law or on rules made under statutory authority,

"Costs are the creature of statute." The House of Lords has declared its

competence to grant costs on appeals independently of statute.

In the judicial committee of the privy council the power to award, in

its discretion, costs on appeals from the colonies or other matters

referred to it, is given by S 15 of the Judicial Committee Act 1833; and

the costs are taxed by the registrar of the council.

Courts of equity have always claimed a discretion independently of

statute to give or refuse costs, but as a general rule the maxim of the

civil law, _victus victori in expensis condemnatus est_, was followed.

The successful party was recognized to have a prima facie claim to

costs, but the court might, on sufficient cause shown, not only deprive

him of his costs, but even in some rare cases order him to pay the costs

of his unsuccessful opponent. There was a class of cases in which the

court generally gave costs to parties sustaining a certain character,

whatever might be the result of the suit (e.g. trustees, executors and

mortgagees).

In the courts of common law, costs were not given either to plaintiff or

defendant, although the damages given to a successful plaintiff might

suffice to cover not only the loss sustained by the wrong done, but also

the expense he had been put to in taking proceedings. The defendant in a

baseless or vexatious action could not even recover his costs thus

indirectly, and the indirect costs given to a plaintiff under the name

of damages were often inadequate and uncertain. Costs were first given

under the Statute of Gloucester (1277, 6 Edward I. c. 1), which enacted

that "the demandant shall recover damages in an assize of novel

disseisin and in writs of mort d'ancestor, cosinage, aiel and beziel,

and further that the demandant may recover against the tenant the costs

of his writ purchased together with the damages above said. And this act

shall hold in all cases when the party is to recover damages." The words

"costs of his writ" were extended to mean all the legal costs in the

suit. The statute gave costs, wherever damages were recovered, and no

matter what the amount of the damages may be. Costs were first given to

a defendant by the Statute of Marlbridge (1267) in a case relating to

wardship in chivalry (52 Henry III. C. 6); but costs were not given

generally to successful defendants until 1531 (23 Henry VIII. c. 15),

when it was enacted that "if in the actions therein mentioned the

plaintiff after appearance of the defendant be non-suited, or any

verdict happen to pass by lawful trial against the plaintiff, the

defendant shall have judgment to recover his costs against the

plaintiff, to be assessed and taxed at the discretion of the court, and

shall have such process and execution for the recovery and paying his

costs against the plaintiff, as the plaintiff should or might have had

against the defendant, in case the judgment had been given for the

plaintiff." In 1606 by 4 James I. c. 3, this "good and profitable law"

was extended to other actions not originally specified, although within

the mischief of the act, so that in any action wherein the plaintiff

might have costs if judgment were given for him, the defendant if

successful should have costs against the plaintiff. The policy of these

enactments is expressed to be the discouragement of frivolous and unjust

suits. This policy was carried out by other and later acts. The

Limitations Act 1623, S 6, ordered that if the plaintiff in an action of

slander recovered less than 40s. damages, the plaintiff should be

allowed no more as costs than he got as damages. By 43 Elizabeth c. 6 it

was enacted that in any personal action not being for any title or

interest in land, nor concerning the freehold or inheritance of lands

nor for battery, where the damages did not amount to 40s. no more costs

than damages could be allowed. By 3 & 4 Vict. c. 24 (Lord Denman's Act

1840), where the plaintiff in an action of tort recovered less than

40s., he was not allowed costs unless the judge certified that the

action was really brought to try a right besides the right to recover

damages, or that the injury was wilful or malicious.

All these enactments have been superseded by the Judicature Acts, but in

the case of slander on women the provisions of the act of 1623 were

re-enacted in the Slander of Women Act 1891.

_Supreme Court._--The general rule now in force in the Supreme Court of

Judicature is as follows:--"Subject to the provisions of the Judicature

Acts and the rules of the court made thereunder, and to the express

provision of any statute whether passed before or after the 14th of

August 1890, the costs of and incident to all proceedings in the Supreme

Court, including the administration of estates and trusts, shall be in

the discretion of the court or judge, and the court or judge shall have

full power to determine by whom and to what extent such costs are to be

paid. Provided (1) that nothing herein contained shall deprive an

executor, administrator, trustee or mortgagee who has not unreasonably

carried on or resisted any proceedings of any right to costs out of a

particular estate or fund to which he would be entitled under the rules

hitherto (i.e. before 1883) acted upon in the chancery division as

successor of the court of chancery; (2) that where an action, cause,

matter or issue is tried with a jury, the costs shall follow the event

unless the judge who tried the case or the court shall for good cause

otherwise order." (R.S.C., O. 65, r. 1.)

The rule above stated applies to civil proceedings on the crown side of

the king's bench division, including mandamus, prohibition _quo

warranto_, and certiorari (_R._ v. _Woodhouse_, 1906, 2 K.B. 502, 540);

and to proceedings on the revenue side of that division (O. 68, r. 1);

but it does not apply to criminal proceedings in the High Court, which

are regulated by the crown office rules of 1906, or by statutes dealing

with particular breaches of the law, and as to procedure in taxing costs

by O. 65, r. 27, of the Rules of the Supreme Court.

The rule is also subject to specific provision empowering the courts to

limit the costs to be adjudged against the unsuccessful party in

proceedings in the High Court, which could and should have been

instituted in a county court, e.g. actions of contract under L100, or

actions of tort in which less than L10 is recovered (County Courts Act

1888, SS 65, 66, 116; County Courts Act 1903, S 3).

For instance, in actions falling within the Public Authorities

Protection Act 1893 against public bodies or officials, the defendant,

if successful, is entitled to recover costs as between solicitor and

client unless a special order to the contrary is made by the court; and

under some statutes still unrepealed, double or treble costs are to be

allowed. Besides the rules above stated, there is also a provision,

adopted from the practice of courts of equity, that if tender was made

before action of a sum sufficient to satisfy the plaintiff's just demand

and is followed by payment into court in the action of the sum tendered,

the court will make the plaintiff pay the costs of action as having been

unnecessarily brought.

Costs of interlocutory proceedings in the course of a litigation are

sometimes said to be "costs in the cause," that is, they abide the

result of the principal issue. A party succeeding in interlocutory

proceedings, and paying the costs therein made "costs in the cause,"

would recover the amount of such costs if he had a judgment for costs on

the result of the whole trial, but not otherwise. But it is usual now

not to tax the costs of interlocutory proceedings till after final

judgment.

_Taxation._--When an order to pay the costs of litigation is made the

costs are taxed in the central office of the High Court, unless the

court when making the order fixes the amount to be paid (R.S.C., O. 65,

r. 23). Recent changes in the organization for taxing have tended to

create a uniformity of system and method which had long been needed.

The taxation is effected, under an elaborate set of regulations, by

reference to the prescribed scales, and on what is known as the lower

scale, unless the court has specially ordered taxation on the higher

scale (R.S.C., O. 65, rr. 8, 9, appendix N).

In the taxation of litigious costs two methods are still adopted, known

as "between party and party" and "between solicitor and client." Unless

a special order is made the first of the two methods is adopted. Until

very recently "party and party" costs were found to be a very imperfect

indemnity to the successful litigant; because many items which his

solicitor would be entitled to charge against him for the purposes of

the litigation were not recoverable from his unsuccessful opponent. The

High Court can now, in exercise of the equitable jurisdiction derived

from the court of chancery, make orders on the losing party to pay the

costs of the winner as between solicitor and client. These orders are

not often made except in the chancery division. But even where party and

party costs only are ordered to be paid under the present practice

(dating from 1902), the taxing office allows against the unsuccessful

party all costs, charges and expenses necessary or proper for the

attainment of justice or defending the rights of the successful party,

but not costs incurred through over-caution, negligence, or by paying

special fees to counsel or special fees to witnesses or other persons,

or by any other unusual expenses (R.S.C., O. 65, rr. 27, 29). This

practice tends to give an approximate indemnity, while preventing

oppression of the losing party by making him pay for lavish expenditure

by his opponent. The taxation is subject to review by a judge on formal

objections carried on, and an appeal lies to the Court of Appeal.

_County Courts._--The costs of all proceedings in county courts follow

the event, unless the judge in his discretion otherwise orders. The

amount allowed is regulated by scales included in the county court

rules, and is ascertained by the registrar of the court subject to any

special direction by the judge, and to review by him. The costs are

allowed as between party and party, but the registrar on the application

of solicitor or party, and subject to the like review, taxes costs as

between solicitor and client. Nothing is allowed which is not sanctioned

by the scales, unless it is proved that the client has agreed in writing

to pay (County Courts Act 1888, S 118).

_Costs in Criminal Cases._--In criminal cases the right to recover the

expenses of prosecution or defence from public funds or the opposite

party depends wholly on statute. According to the common law rule the

crown neither pays nor receives costs, but the rule is in some cases

altered by statute (_Thomas_ v. _Pritchard_, 1903, 1 K.B. 209).

Courts of summary jurisdiction may order costs to be paid by the

unsuccessful to the successful party (Summary Jurisdiction Act 1848, S

18).

On prosecutions for treason or felony the court may order the accused

person, if convicted, to pay the costs of his prosecution (Forfeiture

Act 1870); and the like power exists as to persons convicted of offences

indictable under the Criminal Law Amendment Act 1885 (see S 18), and as

to persons convicted on indictment of assault, corrupt practices at

elections, offences against the Merchandise Marks Acts, or of defamatory

libel, if they have unsuccessfully pleaded jurisdiction.

Provision is also made for the payment out of the local rate of the

district of the costs of prosecuting all felonies (except treason

felony) and a number of misdemeanours. A list of these offences will be

found in Archbold, _Criminal Pleading_, 23rd ed., 246. The legislation

on this subject authorizes the payment of the expenses of witnesses and

of the prosecutor, both at a preliminary inquiry before justices and at

the trial, and in the case of summary conviction for any of the

indictable offences in question. It has been extended so as to include

the expenses of witnesses for the defence in any indictable case if they

have given evidence at the preliminary inquiry, and the costs of the

defence of poor prisoners in every indictable case in which the

committing justices or the court of trial certify for legal aid (Poor

Prisoners' Defence Act 1903). The costs are taxed by the proper officer

of the court of assize or the clerk of the peace in accordance with

scales issued by the Home Office in 1903 and 1904. These scales do not

fix the fees to be allowed to counsel or solicitor for the prosecution.

The costs, when taxed, are paid by the treasurer of the county or

borough on whom the order for payment is made.

Where a prosecution or indictment fails, the prosecutor cannot as a rule

be made to pay the costs of the defence: except in cases within the

Vexatious Indictments Act 1859 and its amendments (i.e. where he has,

after a refusal by justices to commit for trial, insisted on continuing

the prosecution); or where a defamatory libel is successfully justified,

or where prosecutions in respect of merchandise marks or corrupt

practices at elections have failed. (W. F. C.)

COSTUME (through the Fr. _costume_, from Ital. _costume_, Late Lat.

_costuma_, a contracted form of Lat. _consuetudinem_, acc. of

_consuetudo_, custom, habit, manner, &c.), dress or clothing, especially

the distinctive clothing worn at different periods by different peoples

or different classes of people. The word appears in English in the 18th

century, and was first applied to the correct representation, in

literature and art, of the manners, dress, furniture and general

surroundings of the scene represented. By the early part of the 19th

century it became restricted to the fashion or style of personal

apparel, including the head-dresses, jewelry and the like.

The subject of clothing is far wider than appears at first sight. To the

average man there is a distinction between clothing and ornament, the

first being regarded as that covering which satisfies the claims of

modesty, the second as those appendages which satisfy the aesthetic

sense. This distinction, however, does not exist for science, and indeed

the first definition involves a fallacy of which it will be as well to

dispose forthwith.

Modesty is not innate in man, and its conventional nature is easily seen

from a consideration of the different ideas held by different races on

this subject. With Mahommedan peoples it is sufficient for a woman to

cover her face; the Chinese women would think it extremely indecent to

show their artificially compressed feet, and it is even improper to

mention them to a woman; in Sumatra and Celebes the wild tribes consider

the exposure of the knee immodest; in central Asia the finger-tips, and

in Samoa the navel are similarly regarded. In Tahiti and Tonga clothing

might be discarded without offence, provided the individual were

tattooed; and among the Caribs a woman might leave the hut without her

girdle but not unpainted. Similarly, in Alaska, women felt great shame

when seen without the plugs they carried in their lips. Europeans are

considered indelicate in many ways by other races, and a remark of

Peschel[1] is to the point: "Were a pious Mussulman of Ferghana to be

present at our balls and see the bare shoulders of our wives and

daughters, and the semi-embraces of our round dances, he would silently

wonder at the long-suffering of Allah who had not long ago poured fire

and brimstone on this sinful and shameless generation." Another point of

interest lies in the difference of outlook with which nudity is regarded

by the English and Japanese. Among the latter it has been common for the

sexes to take baths together without clothing, while in England mixed

bathing, even in full costume, is even now by no means universal. Yet in

England the representation of the nude in art meets with no reproach,

though considered improper by the Japanese. Even more striking is the

fact that in civilized countries what is permitted at certain times is

forbidden at others; a woman will expose far more of her person at

night, in the ballroom or theatre, than would be considered seemly by

day in the street; and a bathing costume which would be thought modest

on the beach would meet with reprobation in a town.

Modesty therefore is highly conventional, and to discover its origin the

most primitive tribes must be observed. Among these, in Africa, South

America, Australia and so forth, where clothing is at a minimum, the men

are always more elaborately ornamented than the women. At the same time

it is noticeable that no cases of spinsterhood are found; celibacy, rare

as it is, is confined to the male sex. It is reasonable, therefore, to

conclude that ornament is a stimulus to sexual selection, and this

conclusion is enforced by the fact that among many comparatively nude

peoples clothing is assumed at certain dances which have as their

confessed object the excitation of the passions of the opposite sex.

Many forms of clothing, moreover, seem to call attention to those parts

of the body of which, under the conditions of Western civilization at

the present day, it aims at the concealment; certain articles of dress

worn by the New Hebrideans, the Zulu-Xosa tribes, certain tribes of

Brazil and others, are cases in point. Clothing, moreover--and this is

true also of the present day--almost always tends to accentuate rather

than to conceal the difference between the sexes. Looking at the

question then from the point of view of sexual selection it would seem

that a stage in the progress of human society is marked by the discovery

that concealment affords a greater stimulus than revelation; that the

fact is true is obvious,--even to modern eyes a figure partially clad

appears far more indecent than a nude. That the stimulus is real is seen

in the fact that among nude races flagrant immorality is far less common

than among the more clothed; the contrast between the Polynesians and

Melanesians, living as neighbours under similar conditions, is striking

evidence on this point. Later, when the novelty of clothing has spent

its force, the stimulus is supplied by nudity complete or partial.

One more point must be considered: there is the evidence of competent

observers to show that members of a tribe accustomed to nudity, when

made to assume clothing for the first time, exhibit as much confusion as

would a European compelled to strip in public. This fact, considered

together with what has been said above, compels the conclusion that

modesty is a feeling merely of acute self-consciousness due to appearing

unusual, and is the result of clothing rather than the cause. In the

words of Westermarck: "The facts appear to prove that the feeling of

shame, far from being the cause of man's covering his body, is, on the

contrary, a result of this custom; and that the covering, if not used as

a protection from the climate, owes its origin, at least in a great many

cases, to the desire of men and women to make themselves mutually

attractive."

Primitive adornment in its earliest stages may be divided into three

classes; first the moulding of the body itself to certain local

standards of beauty. In this category may be placed head-deformation,

which reached its extreme development among the Indians of North-West

America and the ancient Peruvians; foot-constriction as practised by the

Chinese; tooth-chipping among many African tribes; and waist-compression

common in Europe at the present day. Many forms of deformation, it may

be remarked in passing, emphasize some natural physical characteristic

of the people who practise them. Secondly, the application of extraneous

matter to the body, as painting and tattooing, and the raising of

ornamental scars often by the introduction of foreign matter into

flesh-wounds (this practice belongs partly to the first category also).

Thirdly, the suspension of foreign bodies from, or their attachment to,

convenient portions of the body. This category, by far the largest,

includes ear-, nose- and lip-ornaments, head-dresses, necklets, armlets,

wristlets, leglets, anklets, finger-and toe-rings and girdles. The last

are important, as it is from the waist-ornaments chiefly that what is

commonly considered clothing at the present day has been developed.

Setting aside for the moment the less important, historically, of these,

nearly all of which exist in Western civilization of the present day, it

will be as well to consider that form of dress which is marked by the

greatest evolution. It is generally supposed that man originated in

tropical or subtropical latitudes, and spread gradually towards the

poles. Naturally, as the temperature became lower, a new function was

gradually acquired by his clothing, that of protecting the body of the

wearer. Climate then is one of the forces which play an important part

in the evolution of dress; at the same time care must be taken not to

attribute too much influence to it. It must be remembered that the

Arabs, who inhabit an extremely hot country, are very fully clothed,

while the Fuegians at the extremity of Cape Horn, exposed to all the

rigours of an antarctic climate, have, as sole protection, a skin

attached to the body by cords, so that it can be shifted to either side

according to the direction of the wind.

Dr. C. H. Stratz divides clothing climatically into two classes:

tropical, which is based on the girdle (or, when the attachment is

fastened round the neck, the cloak), and the arctic, based on the

trouser. This classification is ingenious and convenient as far as it

goes, but it seems probable that the trouser, which also has the waist

as its point of attachment, may itself be a further development of the

girdle. Certainly, however, in historical times the division holds good,

and it is worthy of remark that one of the points about the northern

barbarians which struck the ancient Greeks and Romans most forcibly was

the fact that they wore trousers. Amongst the most northerly races the

latter garb is worn by both sexes alike; farther south by the men, the

women retaining the tropical form; farther south still the latter reigns

supreme. No distinct latitude can be assigned as a boundary between the

two forms, from the simple fact that where migration in comparatively

recent times has taken place a natural conservatism has prevented the

more familiar garb from being discarded; at the same time the two forms

can often be seen within the limits of the same country; as, for

instance, in China, where the women of Shanghai commonly wear trousers,

those of Hong-Kong skirts. The retention by women in Europe of the

tropical garb can be explained by the fact that her sphere has been

mainly confined to the house, and her life has been less active than

that of man; consequently the adoption of the arctic dress has been in

her case less necessary. But it is noticeable that where women engage in

occupations of a more than usually strenuous nature, they frequently don

male costume while at their work; as, for instance, women who work in

mines (Belgium) and who tend cattle (Switzerland, Tirol). The retention

of the tropical pattern by the Highlanders is due directly to

environment, since the kilt is better suited than trousers for walking

over wet heather.

Another factor besides climate which has exerted a powerful influence on

dress--more perhaps on what is commonly regarded as "jewelry" as

distinct from "clothing"--is superstition. Doubtless many of the smaller

objects with which primitive man adorned himself, especially trophies

from the animal world, were supposed to exert some beneficial or

protective influence on the wearer, or to produce in him the

distinguishing characteristics attributed to the object, or to the whole

of which the object was a part. Such objects might be imitated in other

materials and by successive copying lose their identity, or their first

meaning might be otherwise forgotten, and they would ultimately exercise

a purely decorative function. Though this factor may be responsible for

much, or even the greater part, of primitive "jewelry," yet it does not

seem likely that it is the cause of all forms of ornament; much must be

attributed to the desire to satisfy an innate aesthetic sense, which is

seen in children and of which some glimmerings appear among the lower

animals also.

See Ed. Westermarck, _The History of Human Marriage_ (London, 1901);

Racinet, _Le Costume historique_ (Paris, 1888); C. H. Stratz,

_Frauenkleidung_ (Stuttgart). (T. A. J.)

Encyclopaedia Britannica, 11th Edition, "Coquelin, Benoît Constant" to "Costume" Volume 7, Slice 4 · 第 24 / 47 题