
    - v. Costley.
    The clerk of the District Court is not entitled to demand payment of his costs as a condition .precedent to the delivery of the transcript to either of the parties who may demand it for the purpose of transmission to the Supreme Court.
    This was an application to the Supreme Court for a mandamus to the cleric of a District Court, John M. Costley, to compel him to deliver the transcript hi a certain case. To the rule, the' clerk returned that he was justly entitled to bis fee for making up the transcript, and that he was ready and willing to deliver the transcript upon payment of the same, and prayed the judgment of the court whether he could be compelled to deliver the transcript before pa5r-meufc of the fee.
   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.  