Page:Federal Reporter, 1st Series, Volume 10.djvu/841

 CAVENDEB V. CAVENDER. 829 �The question, therefore, is -whether "transcripts"of records for the supreme court fall within the one or other provisions. It may be, as urged, that the accounting officers recognize the distinction claimed, viz,, that "transcripts" are to be considered as falling within the ru'e as to the original entries; still this court must decide the point for itself. What is a transcript forwarded to the supreme court but a "eopy" of something ordered by the court in a case at law, or in equity, to be so forwarded ? There is no new or original matter to be thus included. The case is closed here, and a copy of what appears is all that can be embraced in the "transcript." Henoe, the excep- tion as to that charge is well taken, and the fee bill as to that item will be reduced from 16 cents per folio to 10 cents per folio. �2. The next exception as to the numberof folios has no foundation in fact, and will be overruled. �3. As to binding and express charges the clerk may charge what the same reasonably cost. It does not appear that he has charged otherwise. This exception is overruled. �4. The fee-bill does not disclose what is charged for drasving a bond. It appears that the bond in this case was not drawn by the clerk, and, eonsequently, he cannot charge for what he did not do. The bond was drawn by appellant's counsel and approved by the court. The charge by the clerk should therefore be for an entry for the filing of the same, and for filing and for an entry of the approval of the same by the court. �The general question embraced in the last exception, viz., that the defendant who has taken an appeal cannot be eompelled to pay in advMice of the final decision the costs incident to an appeal, is over- ruled, for the reaeon stated at the beginning of this opinion. The fee-bill will be restated aecording to the views here expressed. �It should be remarked that when an original entry of an order is made, though less than a folio, it is chargeable as a folio, each entry of a kind standing by itself, distinct from all others. ��� �