from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
DOUBLE COSTS practice. According to the English law, when double costs are
given by the statute, the term is not to be understood, according to its
literal import, twice the amount of single costs, but in such case the costs
are thus calculated. 1. the common costs; and, 2. Half of the common costs.
Bac. Ab. Costs, E; 2 Str. 1048. This is not the rule in New York, nor in
Pennsylvania. 2 Dunl. Pr. 731; 2 Rawle's R. 201.
2. In all cases where double or treble costs are claimed, the party
must apply to the court for them before he can proceed to the taxation,
otherwise the proceeding will be set aside as irregular. 4 Wend. R. 216.
Vide Costs; and Treble Costs.