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See also:COSTUME (through the Fr. costume, from Ital. costume, See also:Late See also:Lat. costuma, a contracted See also:form of Lat. consuetudinem, See also:ace. of consuetudo, See also:custom, See also:habit, manner, &c.) , See also:dress or clothing, ,especially the distinctive clothing worn at different periods by different peoples or different classes of See also:people . The word appears in See also:English in the 18th See also:century, and was first applied to the correct See also:representation, in literature and See also:art, of the See also:manners, dress, See also:furniture and See also:general surroundings of the See also:scene represented . By the See also:early See also:part of the 19th century it became restricted to the See also:fashion or See also:style of See also:personal See also:apparel, including the See also:head-dresses, See also:jewelry and the like . The subject of clothing is far wider than appears at first sight . To the See also:average See also:man there is a distinction between clothing and See also: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 See also:science, and indeed the first See also:definition involves a See also: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 See also:consideration of the different ideas held by different races on this subject . With See also:Mahommedan peoples it is sufficient for a woman to See also:cover her See also:face; the See also:Chinese See also:women would think it extremely indecent to show their artificially compressed feet, and it is even improper to mention them to a woman; in See also:Sumatra and See also:Celebes the See also:wild tribes consider the exposure of the See also:knee immodest; in central See also:Asia the See also:finger-tips, and in See also:Samoa the See also:navel are similarly regarded . In See also:Tahiti and See also:Tonga clothing might be discarded without offence, provided the individual were tattooed; and among the Caribs a, woman might leave the hut without her See also:girdle but not unpainted . Similarly, in See also:Alaska, women See also:felt See also: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' is to the point: " Were a pious Mussulman of See also:Ferghana to be See also:present at our balls and see the See also:bare shoulders of our wives and daughters, and the semi-embraces of our See also:round dances, he would silently wonder at the See also:long-suffering of See also:Allah who had not long i The Races of Man . by the See also:court; and under some statutes still unrepealed, See also:double or See also:treble See also:costs are to be allowed . Besides the rules above stated, there is also a See also:provision, adopted from the practice of courts of See also:equity, that if See also:tender was made before See also:action of a sum sufficient to satisfy the See also:plaintiff's just demand and is followed by See also: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 See also: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 See also: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 . See also:Taxation.—When an See also:order to pay the costs of litigation is made the costs are taxed in the central See also: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) . See also:Recent changes in the organization for taxing have tended to create a uniformity of See also: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 See also:lower See also: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 See also:solicitor and client." Unless a See also: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 See also:indemnity to the successful litigant; because many items which his solicitor would be entitled to See also: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 See also:jurisdiction derived from the court of See also: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 See also: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. See also:justice or defending the rights of the successful party, but not costs incurred through over-caution, See also: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 See also:expenditure by his opponent
.
The taxation is subject to See also:review by a See also:judge on formal objections carried on, and an See also:appeal lies to the Court of Appeal
.
See also: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 See also:writing to pay (County Courts See also:Act 1888, § 11S)
.
Costs in Criminal Cases.—In criminal cases the right to recover the expenses of See also:prosecution or See also:defence from public funds or the opposite party depends wholly on See also:statute
.
According to the See also:common See also:law See also:rule the See also:crown neither pays nor receives costs, but the rule is in some cases altered by statute (See also: See also:Pritchard, 1903, I K.B . 209) . Courts of See also:summary jurisdiction may order costs to be paid by the unsuccessful to the successful party (Summary Jurisdiction Act 1848, § 18) . On prosecutions for See also:treason or See also:felony the court may order the ago poured See also:fire and See also:brimstone on this sinful and shameless See also:generation." Another point of See also:interest lies in the difference of outlook with which nudity is regarded by the English and See also:Japanese . Among the latter it has been common for the sexes to take See also:baths together without clothing, while in See also:England mixed bathing, even in full See also: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 See also:person at See also:night, in the ballroom or See also:theatre, than would be considered seemly by See also:day in the See also:street; and a bathing costume which would be thought modest on the See also:beach would meet with reprobation in a See also:town . Modesty therefore is highly conventional, and to discover its origin the most See also:primitive tribes must be observed . Among these, in See also:Africa, See also:South See also:America, See also:Australia and so forth, where clothing is at a minimum, the men are always more elaborately ornamented than the women . At the same See also:time it is noticeable that no cases of spinsterhood are found; See also:celibacy, rare as it is, is confined to the male See also: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 See also:object the excitation of the passions of the opposite sex . Many forms of clothing, moreover, seem to See also:call See also:attention to those parts of the See also:body of which, under the conditions of Western See also: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 See also: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 See also:stage in the progress of human society is marked by the See also:discovery that concealment affords a greater stimulus than See also:revelation; that the fact is true is obvious, even to See also: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 See also:evidence on this point . Later, when the novelty of clothing has spent its force, the stimulus is supplied by nudity See also: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 See also:European compelled to See also: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 See also:custom; and that the covering, if not used as a See also:protection from the See also:climate, owes its origin, at least in a great many cases, to the See also: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 See also:local See also:standards of beauty . In this See also:category may be placed head-deformation, which reached its extreme development among the See also:Indians of See also:North-See also:West America and the See also:ancient Peruvians; See also:foot-constriction as practised by the Chinese; tooth-chipping among many See also:African tribes; and See also:waist-See also:compression common in See also:Europe at the present day . Many forms of deformation, it may be remarked in passing, emphasize some natural See also:physical characteristic of the people who practise them . Secondly, the application of extraneous See also:matter to the body, as See also:painting and See also:tattooing, and the raising of ornamental scars often by the introduction of See also:foreign matter into flesh-wounds vii . 8(this practice belongs partly to the first category also) . Thirdly, the suspension of foreign bodies from, or their See also:attachment to, convenient portions of the body . This category, by far the largest, includes See also:ear-, See also:nose- and See also: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 See also: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 See also:form of dress which is marked by the greatest See also: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 See also:function was gradually acquired by his clothing, that of protecting the body of the wearer . Climate then is one of the forces which See also:play an important part in the evolution of dress; at the same time care must be taken not to attribute too much See also:influence to it . It must be remembered that the See also:Arabs, who inhabit an extremely hot See also:country, are very fully clothed, while the Fuegians at the extremity of Cape See also:Horn, exposed to all the rigours of an See also:antarctic climate, have, as See also:sole protection, a skin attached to the body by cords, so that it can be shifted to either See also:side according to the direction of the See also: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 See also:neck, the cloak), and the See also:arctic, based on the trouser . This See also: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 See also:historical times the division holds See also:good, and it is worthy of remark that one of the points about the See also:northern barbarians which struck the ancient Greeks and See also:Romans most forcibly was the fact that they wore See also: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 See also:latitude can be assigned as a boundary between the two forms, from the See also:simple fact that where See also:migration in comparatively recent times has taken See also:place a natural conservatism has prevented the more See also: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 See also:China, where the women of See also:Shanghai commonly See also:wear trousers, those of Hong-See also:Kong skirts . The retention by women in Europe of the tropical garb can be explained by the fact that her See also:sphere has been mainly confined to the See also:house, and her See also:life has been less active than that of man; consequently the See also:adoption of the arctic dress has been in her See also:case less necessary . But it is See also:notice-able that where women engage in occupations of a more than usually strenuous nature, they frequently See also:don male costume while at their See also:work; as, for instance, women who work in mines (See also:Belgium) and who tend See also:cattle (See also:Switzerland, See also:Tirol) . The retention of the tropical See also:pattern by the Highlanders is due directly to environment, since the See also:kilt is better suited than trousers for walking over wet heather . Another See also: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 See also:objects with which primitive man adorned himself, especially trophies from the See also:animal See also: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 See also:children iQ and of which some glimmerings appear among the lower animals also . See Ed . Westermarck, The See also:History of Human See also:Marriage (See also:London, 1901) ; Racinet, Le Costume historique (See also:Paris, 1888) ; C . H . Stratz, Frauenkleidung (See also:Stuttgart) . (T . A . J.) I . ANCIENT COSTUME i . Ancient See also:Oriental.—Although the numerous discoveries of monuments, sculptures, See also:wall-paintings, See also:seals, gems, &c., combine with the evidence from See also:inscriptions and from biblical and classical writers to furnish a considerable See also:accumulation of material, the methodical study of costume (in its widest sense) in the ancient oriental world (western Asia and See also:Egypt) has several difficulties of its own . It is often difficult to obtain quite accurate or even adequate reproductions of scenes and subjects, and, when this is done, it is obviously necessary to refrain from treating the work of the old artists and sculptors as See also:equivalent to photo-graphic representations . Art tended to become schematic, artists were See also:bound by certain limitations and conventions (Egypt under Amenophis IV. is a notable exception), and their work was See also:apt to be See also:stilted . In Egypt, too, the spirit of See also:caricature occasionally shows itself . But when every See also:allowance is made for the imperfections or the cunning of the workman, one need only examine any collection of antiquities to see that there was a distinct appreciation of foreign physical types (not so much for personal See also:portraiture), costumes, See also:toilet, See also:armour and decoration, often markedly different from native forms, and that a single scene (e.g. See also:war, See also:tribute-bearers, captives) will represent varieties of dress which are consistently observed in other scenes or which can be substantiated from native See also:sources.' Important evidence can thus be obtained on ethnological relations, foreign influences and the like . Speaking generally, it has been found that the See also:East as opposed to the West has undergone relatively little alteration in the principal constituents of dress among the bulk of the See also:population, and, although it is often difficult to interpret or explain some of the details as represented (one may contrast, for example, worn sculptures or seals with the vivid See also:Egyptian paintings), comparison with later descriptions and even with modern usage is frequently suggestive . The vocabulary of old oriental costume is surprisingly large, and some perplexity is caused by the See also:independent evolution both of the technical terms (where they are intelligible) and of the articles of dress themselves . In reality there were numerous See also:minor See also:variations in the cut and See also:colour of ancient dress even as there are in the present day in or around See also:Palestine . These See also:differences have depended upon climate, occupation, occasion (e.g. marriage, See also:worship, feasts), and especially upon individual status and See also:taste . See also:Rank has accounted for much, and ceremonial dress—the apparel Romans, naturally See also:left its See also:mark, and there have been ages of increasing luxury followed by periods of reaction, with a general levelling and nationalization on religious grounds (Judaism, See also:Islam) . All in all the study of oriental costume down to the days of See also:Hellenism proves to be something more than that of See also:mere apparel, and any See also:close survey of the evidence speedily raises questions which concern old oriental history and thought . The simplest of all coverings is the See also:loin-See also:cloth characteristic of warm climates, and a necessary protection where there are trying extremes of temperature . Clothing did not originate in ideas of decency (Gen. ii . 25, iii. q) . Children oveitng. ran and still run about naked, the industrious work-man upon the Egyptian monuments is often nude, and the worshipper would even appear before his deity in a See also:state of See also:absolute innocence.2 The See also:Hebrews held that the leaves of the fig-See also:tree (the largest available tree in Palestine) served primitive man and that the Deity gave them skins for a covering—evidently after he had slain the animals (Gen. iii . 21) . With this one may compare the Phoenician myth (now in a See also:late source) which ascribed the novelty of the use of skins to the See also:hero Usoos (cf. the biblical See also:Esau, q.v.) . The loin- or waist-cloth prevailed under a very great variety of minor differentiated forms .
In Egypt it was the See also:plain See also:short See also:linen cloth wrapped around the loins and tied in front (see fig
.
1)
.
It was the usual garb of See also:scribes, servants and peasants, and in the earlier dynasties was worn even by men of rank
.
Sometimes, however, it was of See also:matting or was seated with See also:leather, or it would take the form of a narrow fringed girdle resembling that of many African tribes
.
The Semites who visited Egypt wore a larger and coloured cloth, ornamented with parallel stripes of patterns similar to those found upon some early specimens of Palestinian pottery
.
The border was fringed or was ornamented with bunches of tassels
.
But a close-fitting skirt or See also:tunic was more usual, and the Semites on the famous Beni-See also:Hasan tombs (about the loth or 19th century B.C.) wear richly decorated cloth (pattern similar to the above), while the See also:leader is arrayed in a magnificent wrapper in See also:blue, red and See also: !9th cent.) or his famous See also:gates at Balawat (ed . W . See also:Birch and T . G . Pinches, and with See also:critical description and plates by A . Billerbeck and F . See also:Delitzsch, Beitrage z . Assyriologie, vi . 1 ; See also:Leipzig, 1908).it in position (see fig . 4.3 In See also:harmony with prevailing custom the women's dress is rather longer than that of the men, but both sexes have the arms See also:free and the right See also:shoulder is exposed . Returning to Egypt we find that the loin-cloth developed down-wards into a skirt falling below the knees . Among the upper classes it was unusually broad and was made to stand out in 2 Old Babylonian sculptors who represent the enemy as naked (See also:Meyer [see bibliography below], pp . 12, qo seq., 116), conventionally anticipate the usual treatment of the slain and wounded warriors . 3 Edited P . C . See also:Newberry (Archaeol . Survey of Egypt, 1893) . Cf. also the Palestinian short coloured skirt with black tassels of the 14th century (Zeit. f . Agypt . Sprache, 1898, pp . 126 sqq.) . front in triangular form . In the See also:Middle See also:Kingdom an See also:outer See also:fine See also:light skirt was worn over the loin-cloth; See also:ordinary people, however, used thicker material . Egyptian women had a tight foldless tunic which exposed the breasts; it was generally kept up by means of braces over the shoulders . This plain diaphanous garment, without distinction of colour (white, red or yellow), and with perhaps only an embroidered hem at the See also:top, was worn by the whole nation, princess and See also:peasant, from the IVth to the XVIIIth Dynasties (See also:Erman, Life in Ancient Egypt, p . 212) . Variation, such as it was, consisted of a sleeveless dress covering From Hil precht's Ex plorat ions in See also:Bible Lands, by permission of A . J . See also:Holman & Co. and T . & T . See also:Clark . the shoulders, the neck being cut in the shape of a V . See also:Female servants and peasants when engaged at work, however, had a short skirt which left the legs free and the upper part of the body bare; a like simplicity was probably customary among female servants or captives throughout (cf . Isa. xlvii . 2) . Even at the present day the See also:wardrobe of the Sinaitic Bedouin is much more complicated than that of their female folk . The earliest dress of Babylonia also covered only the lower See also:half of the body . As worn by gods and men it was a long and rather loose See also:kind of skirt suspended from a girdle . It is sometimes smooth; but sometimes it is a shaggy skin (or woollen) skirt with See also:horizontal rows of vertically furrowed stuff . It allowed a certain freedom to the legs, but .. ±~,;; . ,ai .r• ~ u- '~; 4C;; `i~ .~•~f„' often it is not clear whether it was joined down the middle . An instructive development shows the upper part of the skirt See also:hanging over the girdle so that an elementary See also:mantle would be obtained by See also:drawing the loose end up over the shoulders (Meyer, p . 93, cf. pp . 55, 76) . The characteristic skirt is sometimes supplemented by a coarse cloth, perhaps a fleece, thrown over the shoulders; and in later times it is seen fastened outside a tunic by means of a girdle (see fig . 3) . The favourite attitude, one See also:leg planted firmly before the other, shows the right leg fully exposed .
A tunic or skirt is found as early
as the time of Naram-See also:Sin, son
of the great See also:Sargon; it reaches
to his knees and appears to be
held up by ornamental shoulder-
bands (Meyer, pp
.
If, 115; fig
.
4)
.
Egyptian monuments depict
Semites with long bordered tunics reaching from neck to
See also:ankle; they have sleeves, which' are sometimes curiously
decorated, and are tied at the neck with tasselled cords; some-
times there is a See also:peculiar See also:design at the neck resembling a See also:cross (See also: |