v. Costley

HEMPHILL, Oh. J. On considering the laws regulating the subject-matter, and especially the provision authorizing the clerk of the District Court to require security for his costs, we are of the opinion that the cleric is not entitled to demand payment of his costs as a condition precedent to his delivery of the transcript to either of the parties who may demand it for the purpose of traus-, mission to the Supreme Court; and it is ordered that the mandamus he made peremptory.